tier 4 student FLR refusal

[Deviser]

I checked online today and it is different to what my institute said. I checked on the website below and it states the Advanced diploma is Level 6. But one thing i am confused that level 6 was for 6 months but as i took admission for whole diploma and advanced diploma, how can i prove that my advanced diploma was for 6 months as my letter from institute states i studied diploma and advanced diploma from 2005 to 2008.
Also if my level 6 and above including the new CAS comes up to 5 years and 1 month, are they more likely to refuse me in the appeal?

Thanks

If there is a single letter available to support this period, I think UKBA will consider that period counted at final (Level 6) qualification. And if total period will exceed the limit, the refusal is obvious!

[vinnie0020]

Thank you

So what is the best option for me. I got 1 and a half year left for 10 years. I don't think i can cover 1 and half years in appeals.
Please advise

[searoze]

I checked on the website below and it states the Advanced diploma is Level 6

Which site ? link please

[vinnie0020]

Hi guys my hearing date is confirmed and it came earlier than I expected. May 14. I have a question does judicial review count towards ilr? Coz my solicitor said it doesn't.

[marley07]

When did you put your jr application in?! I put mine in jan but heard nothing?!

[vinnie0020]

When did you put your jr application in?! I put mine in jan but heard nothing?!

hi

I havent put it yet. Its my first appeal. Which is most likely to be refused. The reason i asked coz i have year and a half left. if it count it may cover my time period

[marley07]

Oh I thought you said your jr hearing was 14 may?

[smir]

Vinnie ..

what i have been told is that...till your appeal rights are not exhausted you are on 3c. which means you are on legal stay for 10 years..


Dont you think after the first appeal refusal you will be able to get some more right to appeal ??

When did you put your jr application in?! I put mine in jan but heard nothing?!

hi

I havent put it yet. Its my first appeal. Which is most likely to be refused. The reason i asked coz i have year and a half left. if it count it may cover my time period

[vinnie0020]

After 1st appeal I can appeal in upper tribunal which is more likely to be refused. Then judicial review but I dnt know if it count towards ilr.
My solicitor was saying that jr doesn't count towards ilr.
He was saying that he will do first appeal and try to get student visa and if not he will ask judge to allow appeal that home office should have considered your human rights. I don't knw what does he mean as I told him I don't want to put human rights.
Please advise

[Olasunkanmi]

@ vinnie0020, have you consider applying for a PHD programme as that will not be counted under the 5yrs cap for undergraduate.

[vinnie0020]

@ Olasunkanmi: I havent as i think no uni will issue me CAS without passport. Also can u please advise if going to hearing is better of with solicitor or self as my solicitor is asking for more money which he didnt disclosed at first.

Regards

[Olasunkanmi]

@ vinnie0020, you should still try to get a CAS even without your passport as you might be lucky to get a school that will be willing to issue you one.

As per whether you need a solicitor for your hearing, its your choice to decide if you will be able to present your case very well or if you want a barrister to do it for you. Most appeal hearing focus more on the appellant rather than the representative if HO representative decide to question you. So whether you use a solicitor or not, you still need to be fully prepared for all possible questions.

[Johny1082]

Can someone please help me calculating the cap, HO is trying hard to kick me out depriving me off my legal rights and even without considering their own mistake.

Feb 2011 to Nov 2012 (Entry Clearance student visa)
Nov 2012 applied for student visa extension and got refused, against which I applied for JR which ran upto 9 months. Finally, I received my Visa on Dec-2013 until May-2014.
May 2014 to Aug 2015 - (To finish my current education)
Aug 2015 applied for student visa extension and got refused on the ground that my new course of 12 months will take me beyond 5 years.[/quote]

Following the refusal, Eaton House Officer is eager to snatch my rights and kick me out of the country, even when they are aware of my legal rights under section 3C & 3D.

Practically I have 6-7 to get to the cap of 5 years and the loss of 9 months which totally comes to approx 15-16 months.

I have applied for JR, which is on the way, I need some legal guidance in terms of section that would help me further, to claim my loss of 9 months during which I was neither on Tier 4 nor I was studying as my university submitted deferment form.

Also, I entered into the country in Feb-2011, so the rule of 5 year can't be applied retrospectively to me.

I look forward to some pro replies.

[Johny1082]

Can someone please help me calculating the cap, HO is trying hard to kick me out depriving me off my legal rights and even without considering their own mistake.

Feb 2011 to Nov 2012 (Entry Clearance student visa)
Nov 2012 applied for student visa extension and got refused, against which I applied for JR which ran upto 9 months. Finally, I received my Visa on Dec-2013 until May-2014.
May 2014 to Aug 2015 - (To finish my current education)
Aug 2015 applied for student visa extension and got refused on the ground that my new course of 12 months will take me beyond 5 years.

Following the refusal, Eaton House Officer is eager to snatch my rights and kick me out of the country, even when they are aware of my legal rights under section 3C & 3D.

Practically I have 6-7 to get to the cap of 5 years and the loss of 9 months which totally comes to approx 15-16 months.

I have applied for JR, which is on the way, I need some legal guidance in terms of section that would help me further, to claim my loss of 9 months during which I was neither on Tier 4 nor I was studying as my university submitted deferment form.

Also, I entered into the country in Feb-2011, so the rule of 5 year can't be applied retrospectively to me.

Please someone help ASAP.[/quote]