Only for UK Student Visas, formerly known as Tier 4 (General) student visa
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 10:42 am
Hello Guys and Gurus,
I am writing this post to get advice for my friend . I will appreciate if you can help on that because he will submit appeal himself and cannot afford solicitors.
He applied Student visa in first week of October.
Hes genuine student never done anything wrong. Hes not working and his attendance are up to date.
His Visa refuse due to maintenance.
He has establish presence and he had to show bank statement only 1680 outer london.
In his account total funds were kept over 2 k for at least 3 months. Total fees was 4000 and he paid 3000 to college and made instalment plan with college for remaining 1000 pound. Now he got refused his visa and refusal only on maintenance that you should have showed that 1000 pound in the account too.
Please advice what shall we do he got the appeal right.
I think caseworker not read the file properly we send prove of instalment plan and also write in covering letter.
I will appreciate your responses guys.
regards
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 11:42 am
Anyone Frontier Mole or Vinay Obie any Guru advice on tht plz
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K4
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by K4 » Sat Dec 06, 2014 1:52 pm
hi Hassan
you have to show the remaining fees plus £1680 maintenance I don't think you will stand a chance in appeal doesn't matter if you show installment plan from college. Best thing to do is make a fresh application within the next 28 days. Guru's can shed some light on the matter and correct me if I am wrong.
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 1:57 pm
Thank you very much for your reply..last time he got extension and same thing he happend last time he had made arrangements with college and got visa but wats difference this time
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vinny
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by vinny » Sat Dec 06, 2014 2:08 pm
K4 wrote:Best thing to do is make a fresh application within the next 28 days. Guru's can shed some light on the matter and correct me if I am wrong.
He cannot claim
established presence, if he makes an out-of-time fresh application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 2:45 pm
vinny wrote:K4 wrote:Best thing to do is make a fresh application within the next 28 days. Guru's can shed some light on the matter and correct me if I am wrong.
He cannot claim
established presence, if he makes an out-of-time fresh application.
Thank you very much for your help..Can you please let us know if is there Any where written tht installment plan with college can is like money paid..Coz last he done the same you college people not had said anything otherwise we cud show more money in account tht was only £1k or either pay full amount to college..Is there any chance in appeal?? please let us know Regards
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 6:43 pm
No wonder got no reply coz I am searching since morning and coudnt find anything with regards to that.. home office guidence not covered this topic.. I think we will appeal with legitimate expectations because last time hes got visa and this time not whats going on here.. any gurus yr advice will be highly appreciated
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Frontier Mole
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by Frontier Mole » Sat Dec 06, 2014 9:02 pm
Some of the colleges used to lie on the CAS saying the fees were paid knowing that they were not. As long.as they thought they were getting their fees they were happy to lie. The last round of college suspensions tackled this abuse amongst a raft of other issues.
Simply put if the fees are not paid in advance and accounted for by the college at the point they issue the CAS they are going to lose their licence under dishonesty.
So that pushes the fee accounting back to the migrant and hence the poistion your friend is in.
If you don't.have the full fees now in your account or with the college you will not get a visa. Payment plans are not acceptable as a way of avoiding the requirement for maintenance. The argument is simple if you can't pay the fees upfornt you can't afford to stay here. The only benefit you get as a continuing student is the allowance not to have to show your living costs for the first year.
Will the appeal be sucessful, very unlikely.
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 9:21 pm
Frontier Mole wrote:Some of the colleges used to lie on the CAS saying the fees were paid knowing that they were not. As long.as they thought they were getting their fees they were happy to lie. The last round of college suspensions tackled this abuse amongst a raft of other issues.
Simply put if the fees are not paid in advance and accounted for by the college at the point they issue the CAS they are going to lose their licence under dishonesty.
So that pushes the fee accounting back to the migrant and hence the poistion your friend is in.
If you don't.have the full fees now in your account or with the college you will not get a visa. Payment plans are not acceptable as a way of avoiding the requirement for maintenance. The argument is simple if you can't pay the fees upfornt you can't afford to stay here. The only benefit you get as a continuing student is the allowance not to have to show your living costs for the first year.
Will the appeal be sucessful, very unlikely.
Thanks for you reply..Well he showed the bank stamnt to college and they were ok with tht.. Last time he done the same with Lsbf and Visa but wats wrong this time if college ppl hve told him i wud give him money but he was under impression will b fine ..he completed his Degree thts y he only needs to show two month maintenAince but i think caseworker cudnt see the payment plan
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Frontier Mole
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by Frontier Mole » Sat Dec 06, 2014 9:49 pm
A payment plan is not a demonstration of funds. Hence the appeal will fail.
LSBF - that says it all.
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K4
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by K4 » Sat Dec 06, 2014 10:17 pm
Hi Hassan
Go for appeal and start maintaining the account again but this time you have to show show 9 months maintainace for 28 days as you will lose the establish presence and when the statement is ready make a fresh application and withdraw appeal. That's all I could think of. Correct me if I M wrong gurus.
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 10:40 pm
K4 wrote:Hi Hassan
Go for appeal and start maintaining the account again but this time you have to show show 9 months maintainace for 28 days as you will lose the establish presence and when the statement is ready make a fresh application and withdraw appeal. That's all I could think of. Correct me if I M wrong gurus.
Thank you very much for your help.. I dont knw whts wrong with home office now they ruining ppl careers .. I will tell my friend tht..
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 10:42 pm
Frontier Mole wrote:A payment plan is not a demonstration of funds. Hence the appeal will fail.
LSBF - that says it all.
Is there any rule which HO give discretion to colleges to demonstrate the agreed plan,. Regards
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PaperPusher
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by PaperPusher » Sat Dec 06, 2014 11:07 pm
hassan5805 wrote:Frontier Mole wrote:A payment plan is not a demonstration of funds. Hence the appeal will fail.
LSBF - that says it all.
Is there any rule which HO give discretion to colleges to demonstrate the agreed plan,. Regards
There is not.
If your friend's previous visa was obtained using a CAS that said full fees were paid, and this was in fact a lie, your friend might want to avoid appealing on the basis that they got a visa without paying full fees last time.
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 11:47 pm
PaperPusher wrote:hassan5805 wrote:Frontier Mole wrote:A payment plan is not a demonstration of funds. Hence the appeal will fail.
LSBF - that says it all.
Is there any rule which HO give discretion to colleges to demonstrate the agreed plan,. Regards
There is not.
If your friend's previous visa was obtained using a CAS that said full fees were paid, and this was in fact a lie, your friend might want to avoid appealing on the basis that they got a visa without paying full fees last time.
Respected Honorable Paperpusher.. I have never said on letter they stated full fee paid.. I have said last time on cas college stated payment plan agreed and he did pay after getting visa same thing was again agreed payment plan and remaining fee was on cas as last time,.. so I dont understand where is the lie?Anyways do you have any constructive suggestions or not? REGARDS
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hassan5805
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by hassan5805 » Sat Dec 06, 2014 11:48 pm
Is there any rule which HO give discretion to colleges to demonstrate the agreed plan,. Regards[/quote]
There is not.
If your friend's previous visa was obtained using a CAS that said full fees were paid, and this was in fact a lie, your friend might want to avoid appealing on the basis that they got a visa without paying full fees last time.[/quote]
Respected Honorable Paperpusher.. I have never said on letter they stated full fee paid.. I have said last time on cas college stated payment plan agreed and he did pay after getting visa same thing was again agreed payment plan and remaining fee was on cas as last time,.. so I dont understand where is the lie?Anyways do you have any constructive suggestions or not? REGARDS[/quote]
Can we use that as grounds of appeal or not??
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Frontier Mole
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by Frontier Mole » Sat Dec 06, 2014 11:57 pm
The simple answer is no. Your friend got lucky the last time he got his visa. That does not confer a right for future applications.
Can you tell me which college issued the CAS on the basis of a payment plan? That college is almost certainly on the road to lossing its licence.
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hassan5805
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by hassan5805 » Sun Dec 07, 2014 12:01 am
well he ll appeal a yways rest on judges to decide hope he gets the justice..
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hassan5805
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by hassan5805 » Sun Dec 07, 2014 12:02 am
Frontier Mole wrote:The simple answer is no. Your friend got lucky the last time he got his visa. That does not confer a right for future applications.
Can you tell me which college issued the CAS on the basis of a payment plan? That college is almost certainly on the road to lossing its licence.
Thnks for yr help he ll apply appeal anywz lets justice system to decide hope he get justice,,
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vinny
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by vinny » Sun Dec 07, 2014 12:12 am
Frontier Mole wrote: LSBF - that says it all.
LSBF?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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hassan5805
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by hassan5805 » Sun Dec 07, 2014 12:22 am
vinny wrote:Frontier Mole wrote: LSBF - that says it all.
LSBF?
Option 1
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PaperPusher
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by PaperPusher » Sun Dec 07, 2014 2:12 pm
Frontier Mole wrote:The simple answer is no. Your friend got lucky the last time he got his visa. That does not confer a right for future applications.
Can you tell me which college issued the CAS on the basis of a payment plan? That college is almost certainly on the road to lossing its licence.
I don't think there is a problem with payment plans per se, that's just another way of saying fees can be paid in installments rather than up front in full. As long as the CAS honestly reflects the fees paid when issued.
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K4
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by K4 » Sun Dec 07, 2014 4:24 pm
I am thinking that there might be a misunderstanding by the caseworker but on the other hand I have never heard of payment plans. As Hassan said they did it last time and it went through so I think if you put that argument in your appeal might have a chance. I say do consult a solicitor I know you mention that cannot afford one it only cost £50 for an hour.
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Frontier Mole
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by Frontier Mole » Sun Dec 07, 2014 5:32 pm
There are issues with payment plans.
Firstly the colleges do not hold consumer credit licenses. Therefore are unable to legally offer extended credit terms even interest free.
Secondly the recruitment of students who are unable to pay the full fee at the point of enrolment is an indicator of poor recruitment practice. It also brings into question the genuiness of the student. How are they going to generate the funds when the private college students can not work.
Thirdly if a student can not demonstrate the ability to pay the whole fee at enrolment then there is clearly a maintance problem.
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hassan5805
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by hassan5805 » Sun Dec 07, 2014 10:49 pm
PaperPusher wrote:Frontier Mole wrote:The simple answer is no. Your friend got lucky the last time he got his visa. That does not confer a right for future applications.
Can you tell me which college issued the CAS on the basis of a payment plan? That college is almost certainly on the road to lossing its licence.
I don't think there is a problem with payment plans per se, that's just another way of saying fees can be paid in installments rather than up front in full. As long as the CAS honestly reflects the fees paid when issued.
Thank you very much for your reply.. Yes fees honestly reflect on cas its stating that total fees £4000 and paid to date £3000 and remaining 1000£ as per agreed payment plan.. He also made one installment already.. Now can you please help us in that regrd tht what should we write down in appeal., We have searched everywhere to find case but we couldnt find any case can you please advice on that.. I think evedential flexibility case have been overturn too and we cany use tht too either.. Do you knw ahy case to help our groudn will b much appreciated.. Regards