Appealing The Refusal Of A British Student Visa: Intricacies - Education (6) - Nairaland
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| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Akolawole(m): 7:42pm On Nov 23, 2006 |
mrpataki: My brother, it is not a new thing, it had been sealed, signed and approved by UK's power -that-be. If my very good friend in VOR don't know that, i will personally sack him from Nairaland  . JUST JOKING OGAThe research is "googleable" if you want the info. I will cut and paste few here: 1) Lecturers condemn denial of student visa appeals NATFHE - The University and College Lecturers’ Union, has added its criticism to widespread condemnation of the government’s intention to deny international students the right of appeal against rejection of applications for a visa to study in the UK. Paul Mackney, general secretary of NATFHE, said: ‘Visiting international students contribute enormously to the intellectual life of our universities and colleges and enhance the experience and perspective of domestic students. This measure - the removal of visa appeal rights - is yet another authoritarian, unthought through, knee-jerk reaction to 9-11 and imbalanced media fascination with immigration. It will damage the education system of the UK. 2) Here is a copy of a letter sent to Lords regarding the right of appeal for visa extensions. Feel free to use it as a template to contact Ministers and Lords. The second reading takes place on the 6th December 2005. Simon Felton General Secretary National Postgraduate Committee c/o The University of Birmingham Guild of Students Birmingham B15 2TU 0121 251 2499 npc@npc.org.uk 28th November 2005 I am writing this letter on behalf of the National Postgraduate Committee, representing over 500,000 postgraduate students to bring to the attention of the government an issue of great importance to all international students coming to study in the UK and to UK Universities and to the vitality of our universities. The Government announced in the Five Year Strategy for Immigration and Asylum on 8th February that they intend to remove the right of appeal for, amongst other groups, international students who are denied visas. They have also announced a new way in which international students are being assessed to see if they are fit to come and study in the UK. The final reading of the Immigration, Asylum and Nationalities Bill comes before you on the 6th December 2005. The National Postgraduate Committee has grave concerns over these proposals and their impact upon postgraduate study. Some 39 per cent of postgraduate research students are international with a high proportion of students in Science, Engineering and technology subjects. The European Commission notes that Europe is 700,000 scientists short of reaching the Lisbon goal of making Europe into a competitive and dynamic set of knowledge driven economies. The Bill contradicts this aim and challenges the Prime Ministers initiative of 1999 to attract an extra 50,000 international students to higher education by 2004 which some in government plan to renew. The UK attracts 13 per cent of all international students but according to the OECD has lost 3 per cent of the market between 1998 and 2002. Evidence show that appeals are useful for international students, with government figures from 2003 showing that 25% of student visa appeals were successful! Furthermore the Immigration Advisory Service reports that of the appeals which they handle, 60-75% international student visa appeals are successful. At The University of Sheffield over 90 per cent of cases involving international students who had accepted offers and who were refused visas were successful in appeal or more commonly the entry clearance post reconsidered the case before it reached appeal. Without the right of appeal the incentive for entry clearance officers to reverse a visa refusal following representations will no longer exist. In 1992 the Shadow Home Secretary noted “when a right of appeal is removed, what is removed is a valuable and necessary constraint on those who exercise original jurisdiction”. The USA has seen an increase in student applications following its relaxing of visa restrictions and by the concentration on the intention or ability to study rather than on the intention to leave on completion of the course. International students from higher risk countries or visa categories will need to deposit a financial bond, which would be forfeited if they did not leave the country at the end of their stay, according to the new plans. This is concerning for two reasons. Firstly, poorer students and students on scholarships may be priced out of studying in the UK. Secondly, students need to extend their stay at HEI’s in the UK for a variety of very good reasons. Combined with some significant increases in visa extension charges (up to £500.00), students may very well end up unable to finish their studies, and may be put off studying here in the first place. Furthermore the appeal against removal that students will be able to lodge will not be exercisable in the UK, so that students who find they need to stay for an extra couple of weeks must return home to appeal against the decision to remove them and risk missing the occasion for which they required leave to remain. As the Higher Education market becomes increasingly global, and UK institutions need to attract even more international students and develop their international reputations, the government appear to be taking steps backwards in our collective goal. If top HEI’s are to continue to prosper, underfunded as they are, the UK needs to be seen as a key destination for study. There are 210,510 international students in higher education in the UK today with international fee income accounting for 8 per cent of the total income to the higher education sector, approximately £1.5 billion a year. International students contribute about £5 billion to the UK economy but furthermore they make a long term lifetime contribution of their links to the UK and their proud achievement of studying in the UK. You have the opportunity to voice these concerns when the Bill comes before you on the 6th December this year. It is a government priority to make sure that UK Higher Education is world class, and that the UK is a prime destination for international study. Implementing the above changes will mean that international students will favor the USA and Australia to the UK for their study. Please stop this from happening. Yours sincerely, Simon Felton Please i don't want to populate Seun's Nairaland with more of this. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by mukina2: 7:44pm On Nov 23, 2006 |
offtopic but akola aw na  |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Akolawole(m): 7:55pm On Nov 23, 2006 |
mrpataki: As much as i dont want to divulge few sensitive information here, i will try to clarify. Tony Blair can poke-nose into visa issues between Aso rock and Downing street NOT ON INDIVIDUALs Sir. Did you remember David Blunket story? mrpataki: 1) I will like to know that particular UK immigration rule. Can you please quote the said paragraph for me? 2) Who are the community leaders in UK? 3) Guaratees or undertakens by Sponsors is not binding on ECO Sir. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Akolawole(m): 7:56pm On Nov 23, 2006 |
@Muki baby How are you? How is my friends in Sports? Regards to you all. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by mrpataki(m): 8:05pm On Nov 23, 2006 |
ok Mr Akolawole, would read it later thanks for information. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by mrpataki(m): 8:18pm On Nov 23, 2006 |
Akolawole: PLease read through Annex A: Guidance- General Paragraph 6.2 IDI Feb 2006 It explains it much better. As well are you aware that there is a provision under the Rules Paragraph {35} for a sponsor to be asked to sign an undertaking in writing for the maintenance and accomodation during his stay in the UK? As well in Paragraph 320 (14) for a passenger to be refused if sponsor refuses to give such undertaking when requested to do so? Let me add this that i know it is legal, but not binding. Thats my own view sir. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Akolawole(m): 2:08am On Nov 24, 2006 |
Can Sponsor give a guarantee? |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by mrpataki(m): 2:34pm On Nov 24, 2006 |
Akolawole:Please sir under which rule does that stand? Thought i just quoted the paragraph you requested for. Anyways i stand to be ccorrected anyday, anytime sir. Thanks |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Akolawole(m): 8:23pm On Nov 24, 2006 |
@Mr Important I don't like argument on immigration matters. There is a clear difference between Rules, Guidance and Frequently Ask Question. What you and i quoted were JUST guidance. The following is the immigration rule as applied to visitor: ### The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor are that he: (i) is genuinely seeking entry as a visitor for a limited period as stated by him, not exceeding 6 months; and (ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and (iii) does not intend to take employment in the United Kingdom; and (iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and (v) does not intend to study at a maintained school; and (vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and (vii) can meet the cost of the return or onward journey.; and (viii) is not a child under the age of 18. Sponsors were just mentioned in the guidance. I am not going to comment any further on this again. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by maggs: 1:45am On Nov 25, 2006 |
@mrpataki or/and anyonelse Hello guys its me again, I just came to the understanding that people that could help me might not want to declare that on this forum or blogg, so i just made my email addy public so if you think you can help me, shoot me an email. C'mon i know there's bankers or finance officer and other people that could help me and also use some money, so please try to get in touch with me, Im 22 and I just finished my NIIT 2 year program, i need a visitor's visa against the first week in january. I have people that could help me secure my stay once i get into the U.K, I just need a visa to get out there. So once again, my fellow good nairalanders help, thanks |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by mrpataki(m): 1:52pm On Nov 25, 2006 |
@ Akolawole, Akolawole:I know most definitely that immigration matters are sensitive issues. All i wanted was to be enlighted the more as well as all other users of this forum. Thanks a lot for the information you have shared out here sir. Let me get something cleared here, i agree with you there is a difference btw Rules, Guidance and frequently asked questions. Just wanted to let you know what exactly an ECO is oblidged to do in respect to visit applications. Have a great day sir. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Akolawole(m): 10:39pm On Nov 26, 2006 |
maggs: 1) That seems not to be possible as BHC will start holiday earlier than xmas 2) Secure your Stay(permanent residency) abi? [b]Just like that? My brother, expect anything in UK. These abroad based people dont report everything to us(at home) Good luck |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by mrpataki(m): 2:46pm On Nov 27, 2006 |
maggs:Hi really your matter is a bit twisted to me. Have you secured your sponsors in the UK? If you need papers you very well know the best place to get that in Lagos?, but let me add that if you are caught, you have messed up your chances of securing a leave to enter the UK ever again. Good luck if you still need contacts do let me know. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by VOR(m): 6:06pm On Jan 02, 2007 |
Ronkebaby, Any progress on your appeal? |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by guseman(m): 2:04pm On Jan 04, 2007 |
@VOR, I saw you online and i could have ask you some probing issues about appealing against student visa. i have a case with the tribunal presently, i need you to guide me.gusemanonline@yahoo.com is my email |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by VOR(m): 2:26pm On Jan 04, 2007 |
guseman: Guseman, I am more than willing to help(if I can). But I would rather do it on this forum for the following reasons: 1. So that anyone with a similar predicament to yours also benefits . 2. So that if the advice I am giving you is wrong or can be improved on, other forumers like Mrpataki, Akolawole etc can pull me up. I know in the past I have corresponded with people by e-mail but I think it is better to do it this way. Hope you don't mind? Obviously if you do decide to seek help here then do NOT disclose any personal details. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by ojuri: 6:42pm On Jan 05, 2007 |
@ VOR PLS DO YOU KNOW THE EXACT DATE BHC WENT ON XMAS HOLS AND WHEN THEY WILL BE RESUMING? |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by funkybaby(f): 10:31am On Jan 07, 2007 |
@ ronkybaby, akolawole, mrpataki and VOR There's one fact you guys seem to be missing here. An applicant is not allowed to apply for ANY other type of visa from BHC while the applicant has an ongoing appeal case with the AIT. Doing so is just a waste of time and money because such person will be refused based on that ground. This is one of the many reasons people do not bother appealing. This is because appeal cases.eg. Student visa appeal cases can go on for over a year and you will not be entitled to apply for a visiting visa or any other type of visa. Secondly,if you have a valid visiting visa on your passport, and you applied for a student visa and you were refused and you then appeal, you will not be allowed to set a foot in UK whilst the appeal case is still unresolved. I never knew this until some weeks ago, A friend of mine has a colleague at work that was deported @ Heathrow back to MMA because she still had a pending appeal with AIT over her pending student visa appeal. Her two years visa was cancelled. She went to BHC to complain and she was told that is the law and there is nothing they can do about it. Like i always say, i am not an immigration lawyer. Advice/opinions i give here are based on TRUE life experiences of family members and friends that are close to me. I believe in life,we should learn from other people's experiences and mistakes so we can learn from them and become better individuals. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by VOR(m): 7:20pm On Jan 07, 2007 |
funkybaby: Funkybaby, It is NOT the law that you cannot visit the UK whilst you have a pending appeal against a refusal. It is not written anywhere in the immigration rules to my knowledge. Having said that however, if the immigration officers at the airport are not satisfied that you are a genuine visitor to the UK they have the power to refuse you entry, cancel your visa and return you to where you came from. That decision to refuse entry is made on the balance of probability and whether there has been a change in your circumstances or purpose since you obtained the visa. The fact that you have been refused a visa as a student and then within weeks decide to visit the UK is strongly suggestive to the immigration officers that you are not a genuine visitor unless you can prove otherwise. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Nobody: 10:09pm On Jan 08, 2007 |
well i am wonering about the ronkebaby appeal too. I, on the other hand, was refused again, ECO gave this page long reason he even suggested that the the landing stamps on my passport from previous travels were no authentic evidence of my travel history. I jus tire I appealed again, though i did it in a rush more out of annoyance that my N25k was wasted. really i had a lot of work to do so I filled the form and faxed it last minute. I put my uncle as my immigration lawyer(he is one) so i'll wait and see. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by oggboy(m): 12:49pm On Jan 12, 2007 |
guys, i work with uk visa apllication centre in abuja.so am conversant with ur problems. though its belated but just to set the records straight. yes alot of student visas were turned down because of poor packaging. but appeal takes time ,only if the school has given u extension or u have defered ur admission to another session.then can u appeal.otherwise just go ahead and reapply if u still have time b4 resumption. appeal is free, and u need to attestate that all information given by u are correct and authentic. for visiting its advisable you appeal.so contact me anytime for information. 08034480952,stannie78@yahoo.com. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by bigbumper(f): 3:48am On Jan 16, 2007 |
@ funkybaby Vor's right to say that there is no law to prevent one from making a fresh application for entry clearance. Even if you have twenty appeals pending, you are still allowed to apply for further entry clearance until you are blue in the face and it will not prejusdice your previous application. An applicant may hold more than one valid entry clearance, e.g. a regular traveller already holding a two or five year multiple visit visa can be issued with an entry clearance for a short term work permit. Considering the fact that your friend that was deported from Heathrow to MMA, had a valid entry clearance (visiting visa), she could have requested for what I believe is called an in-country apeal(correct me if I'm wrong anyone), for being refused leave to enter. At least rather than going back to Nigeria, she would have been allowed into the UK to lodge her appeal against refusal of leave to enter. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by VOR(m): 10:17am On Jan 16, 2007 |
big_bumper: Big Bumper(the mind boggles  )What you say about making a fresh application for entry clearance is correct. But, Each application is supposed to be considered on its individual merit but In practice any previous application and the reasons for any refusal is always considered. If the reasons for your previous refusal still hold or there has been no real change in your circumstances then the likelihood is you will be refused again. With regards to an appeal where you have been refused leave to enter the UK, You are correct in saying a person with a visa has a right of appeal and can stay in the UK whilst the appeal is heard. Once again there is a BUT. And that is that the UK authorities have the power to detain you in a detention centre pending your appeal.They will do so if they believe there is absolutely no merit in your appeal and you are likely to run away and not return. The power to detain in these circumstances is noy used often but it is a possibility. Personally, I would advise anyone in such a situation to appeal. If they decide to detain you you can always change your mind if you do not wish to be a guest in one of her majesty's houses. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Nicholdave(m): 4:25pm On Jan 24, 2007 |
Hey guys, I have observed with great excitement the postings on this subject and feel I may also get some advise. After an appeal for a UK student visa failed in October 2006, the AIT is yet to return all original documents sent to support my appeal. These documents include my O' Level WASCE certificate and my first degree statement of result. Actually, upon first request for the return of these documents while the appeal was still in progress, the AIT had returned only the acceptance letter of my proposed school in the UK (University of Buckingham) and claimed that the other two were not in their possession! I have since been suggesting to them to consider looking in other departments. Upon receiving the Immigration Judge's decision notifying me of the appeal failure, the statement included a confirmation that the Entry Clearance Officer (ECO) went through these documents in the appeal decision process. though they seem more co-operative now, claiming they "have forwarded request to our file store for case file to be searched", I cannot continue to tollerate their outright denial of the possession of these documents. Please guys, advise me on what to do. My folks are really worried about this (under)development! |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by guseman(m): 12:57pm On Jan 25, 2007 |
@ Nicholdave, I must say u made a big mistake by seding original copy of your O/levels with your appeal documents. it is very wrong. YOu only submit originals and photocopies of your documents at the Visa Application Centres and it is stated that you should send only photocopise when appealing/ Just pray hard the get those documents but if they dont, it is your own fault ok? They get hold of any documents that is original if they thing it is not a geninue one. hope that has clarify things to you/ @VOR i am sorry that i am just replying your message. all what u said is totally correct, the idea is straight and i love the king gesture. I just mail the appeal package on behalf of my friends 3 days ago to the asylum and immigration tribunal in Leicester. He appealed against the decision of the entry clearance officer since oct., but they just sent a notification letter to him this month that they just receive his appeal, though he sent it formally to abuja office. He had earlier mailed the AIT and there response was that they have no information about his appeal that was in November. He has been offered admission to University of Leicetser for a foundation course,the admission letter was also included in the reply sent to the tribunal. I will want to ask you that did he stand any chance of winning the appeal? reasons for his visa refusal was that He applied for a student visa 10 days before resumption date, the ECO says he/she is not convinced that he is a geninue student despite the school email,fax, phone numbers and details on his application. I wonder waht all these Oyinbo/s is turning us to o? They just turn our country to revenue generation ground, 25k just like that? and all these UK school now have agent in Nigeria, scoping students to apply to their school/ At the end the embassy punks will now refuse one Visa. I tire o |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Nicholdave(m): 3:56pm On Jan 25, 2007 |
Thanx for r concern and advice, guys. The documents were sent directly to the AIT at Leicester. You see,I HAD to send those original documents in the first place because part of the grounds of refusal of entry, among others, was that the Clearance Officer doubted their genuiness and originality "under a balance of probability". I have been advised by other concerned Nairalanders to write a professionally-guided letter of protest, attaching copies of whatever evidence that can show the documents must be in their possession. I hope I get these documents on time as I may need to present them at interviews soon. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by guseman(m): 10:52am On Jan 30, 2007 |
OK NIchodave, i wish you all the best |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by yasirtahir: 1:47pm On Feb 04, 2007 |
I have been rejected for UK Student Viza, Under what Ground/ACt of immigration we can appeal, and is it mendatory to mention the act to consider my case. Please help me out in this regard as i have only 20days left to appeal. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by marcwolex: 3:44pm On Feb 14, 2007 |
Guys, i want to find out if the ECO's will not raise eyebrow, if two applicant's submmitt the same documents of sponsorship for student visa application,i applied for a study visa in december with my uncle as sponsor(we dont bear same name) and the visa was granted am now in united kingdom.my immediate elder brother is planning using the same documents for his PHD program in wolverhampton(though he has a tuition waiver schorlarship,wat my sponsor's need is just to take care of my brother cost of living for the three years program).i want to find out from the in-house guys (Akolawole,mr pataki,funky baby & lord Vor) whether the short period (i used it in dec,my bros intends using it in march) will not jeopardise his visa application |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by goodGod(m): 1:12pm On Feb 28, 2007 |
hi der,i ve jus log on but i jus couldnt find where to compose my message.well,i jus want to seek advice on how to go about my student visa in uk.i have been travelling for years to uk on a visitin visa but i now decide to study in uk.i have been working in nigeria for 4yrs after my HND programme. i would like to further my studies in uk.i just want advice on this areas please: *paying my tuition fees in full *paying for 1month accomodation fees though each time i travel i stay with family friend in uk.i don't know to use him has a place to stay and to cover my living expenses in uk for my 1yr course. *i ve jus left my present job of 4yrs move to a new one this year,do i get a study leave letter from my former company or the present one.what is required to be stated in the letter(study leave) *i intend to get a sponsor from my in-law who is a MD of a company thogh with is brother.what is required of him to give to me and what form should the letter be to convinced the ECO. *ON INTENTION OF COMING BACK,i intend to let them know that i personally have got a landed property thogh just the survey,achitectural and receipt of payments are with me *my in law intends to employ me after my studies. *when i best to apply for this sept addmission. another area that really scare me is the cancellation of your visitors visa once denied on student visa,i would like any of the in house guy who knows/experienced any of this to pls enlighten me,please. thanks |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by choco4life(m): 10:44am On Mar 22, 2007 |
@ topic Get an immigration lawyer cos that's what i did and my visa is on the way. I was denied in september, got an immigration and the rest history. Good luck though. |
| Re: Appealing The Refusal Of A British Student Visa: Intricacies by Nobody: 7:54pm On Sep 16, 2007 |
appealing is good,if one is patient |
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