Afternoon!
Got issue with my niece if I could get some advice from expert. She came to UK in Jan 2022 for Master in accounting and finance at bpp, I think it was course in conjunction with ACCA/diploma. Her visa was upto 08/01/2023 and she only realised around July 2023 that she had visa short by 6 months. She started chasing BPP and they just saying email us, tomorrow, next week etc until the January so she was left in limbo. BPP completely ignored her.
She wasn't alone with similar issue and after following what other students did, she applied for visa waiver application for FLR (P) via a solicitor before her visa expiry, thinking she would have her result by the time it is decided and she would apply for PSW/Graduate route. Mid July they accepted her application for fee waiver and he had passed exact same time, so she applied for PSW. UKVI contacted her/University and even though BPP confirmed her completing course they didn't update on the their system and they refused her visa.
She appealed it, and got rejected again today with chance to 2nd admin review which i am pasting below: is there anything else she can do please advice.
Decision on your administrative review
Thank you for your application of 12 September 2024 for a review
of the decision on your application for permission to stay on the
Graduate route.
I have found that the original reasons for the refusal were
incomplete and must be changed.
The original refusal decision remains in force and therefore the
administrative review has not succeeded. I have issued you with a
revised decision which contains the correct refusal reasons. As
there are additional reasons for the refusal, you are entitled to
request an administrative review of the new reasons, if you believe
that an error has been made. The fee for your first administrative
review will not be refunded because the original decision was not
overturned and leave granted, but you will not be required to pay
an additional fee if you wish to apply for second administrative
review. The date of decision remains as stated in the original
notice.
I have carefully considered the points that you raised in the
administrative review application. I have maintained the original
decision for the reasons given below.
Claimed misapplication of the rules or
policy
You claim that the decision to refuse your application was
incorrect because of a case working error.
However, the administrative review of your case has confirmed
that the application was considered in accordance with the correct
rules, policy, and guidance and correctly assessed against those
rules, policy, and guidance. You applied for permission to stay on
the Graduate route and the application was therefore assessed
under Appendix Graduate of the Immigration Rules. Under those
rules, you were required to demonstrate that you had successfully
completed the course of study which you undertook during your
last grant of permission to study on the Student route, also the
Home Office must have received notification from your sponsor
that you have successfully completed your course of study prior to
your application. You must also not be in breach of immigration
rules. As stated in the original refusal decision notification, you
failed to satisfy these requirements.
Therefore, I have maintained the original decision.
Within your administrative review you state that you arrived in the
UK on 29 January 2022 on student visa valid until 8 January 2024,
you made an application before the expiry of your visa which
extended your student statutory. You state that on 15 July 2024
you applied for the Graduate route which was refused as you did
not meet the requirements of GR 4.2 and GR 4.3. You have provided a copy of your record card and email from your
university.
You submit that the original decision maker did not correctly apply
the immigration rules. You state that you have met the
requirements of GR 4.2 and GR 4.3. You further submit that you
completed the course for which you were granted last student
leave and that your student leave was extended under section 3C
of the Immigration Act 1971.
You state that original decision is wrong to say the sponsor was
required to report the completion of the course. You state that GR
4.3 states the sponsor would confirm to the Home Office which
you state your sponsor did. You add that you meet the
requirements of Appendix Graduate and that the refusal is
therefore wrong, unlawful and irrational. You request the
withdrawal of the refusal decision and that leave is granted under
the Graduate route.
Consideration has been given to the points that you have raised,
in order to be eligible for permission to stay on the Graduate route
you must have successfully completed the course of study which
you undertook during your last grant of permission to study on the
Student route. Also, the Home Office must have received
notification from your sponsor that you have successfully
completed your course prior to your application.
You applied for permission to stay on the Graduate route on 15
July 2024, at this time your sponsor had not provided notification
of your successful completion. The original decision maker
contacted your sponsor and it confirmed that you were awarded
your qualification on 4 June 2024 which was after your student
visa had expired.
I note that you state you benefited from 3C leave. Our records
show that you had a student visa which was valid until 8 January
2024, you made your graduate application on 15 July 2024. Whilst
it is noted that you made a fee waiver request on 5 January 2024,a fee waiver request is not in itself an application for permission to
stay. You state that your student leave was extended by section
3C leave however the Fee Waiver guidance states that an
applicant will benefit from 3C leave if:
“they had valid permission when the fee waiver request was
submitted, and which has expired by the time the fee waiver
request is decided
the applicant makes a valid application for permission within 10
working days of the date of the fee waiver decision
the permission application that is submitted is the one for which
the fee waiver request was made”
Following your fee waiver request you have made a graduate
application, this is not a permission application for which the fee
waiver request can be made, and you therefore do not benefit
from 3C leave and your leave expired on 8 January 2024.
Having reviewed the circumstances of your case I am satisfied
that your leave expired on 8 January 2024, you made your
graduate application on 15 July 2024 and whilst you completed
your course on 4 June 2024 this was not within the period of your student leave and your whilst confirming that you had completed
the course your sponsor did not provided notification of your
successful completion due to you not completing the course prior
to your student leave expiring.
It should be noted that the purpose of an administrative review is
limited to an assessment of the original decision to ensure that no
case working errors have occurred. In the circumstances of your
case I am satisfied that you do not meet the successful completion
requirement.
Rejection of fresh evidence
Your application was considered and decided on the basis of the
evidence available on the date the decision was made. We will not
consider new evidence or information when reconsidering a
decision that was provided after that decision has been taken,
unless it meets the requirements specified in Appendix AR of the
Immigration Rules. It is your responsibility to ensure that all
appropriate evidence is submitted with the application for leave to
remain.
The evidence that you have provided with this application was not
sent with the original application. It is not eligible for consideration
because it is not evidence that:
was supplied previously but was not considered or considered
incorrectly genuine
proves the date of the previous application.
What this means for you
You do not have to leave the United Kingdom (UK) as a result of
this decision.
You can apply for an administrative review of this decision.
You have 14 days from the date on which you received this
decision to apply for an administrative review.
Instructions on how to apply for an administrative review can be
found under the ‘next steps’ section.
If you apply for an administrative review, you do not have to leave
the United Kingdom (UK) while your administrative review is being
considered.
If you do not apply for an administrative review you must either:
make a new application for permission to stay,or
leave the UK.
proves that documents we assessed to be false were in fact
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