Tier 4 visa rejected due to failure of 245ZV rules

[helenwang]

Dear all
May I ask your advice for my case?

I applied to study MSc Supply Chain Management in Warwick but my visa application was rejected 2019 due to failure of 245ZV rule. The main reason is I travelled to UK with a tourist visa for 4 months( I planned to travel 20 days when I applied the visa). I moved to the UK for work after this travelling because my company offered me a job at that time. When the company went to bankrupt, I didn't find a job in different countries from the internet while I was in the UK. So I decided to study. But ECO thought I was not a genuine student. I got my Interview Transcript and I think they misunderstood me. They didn't ask me those questions and reject my application directly.

I got an offer from Warwick this year again and I intend to apply Tier 4 visa again.

I wrote an explanation letter for this new application. It covers two parts: why I want to study and clear the doubts for the visa application in 2016.
The letter is quite long(4 pages). I am worried if the Entry Clearance Office has the patience to read a long letter during visa application peak season.
Would you think it is better to submit a new application with the letter explaining why I want to study and provide the rest of letter if ECO requires?
But I am not sure if ECO will decline my application without asking any explanation when they see my refusal history.

Anyone could give me some advice about this application? thank you so much.

Best Regards
Helen

[mklmh]

Hi helen,

Have you submitted?

I didn't know you can submit an application with a letter.

[Zerubbabel]

When you traveled to work in the UK, were you on some sort of Tier 2 visa?

When they assess if someone is a genuine student or not, they look at his history to see if the studies are consistent with the past and with any future plans.

Anything unusual, would trigger a red flag and can be a ground for refusal.

Usually people study, then when they are done, they start working.

You hardly find someone who worked full time then stops and goes studying full time.

So you need to somehow convince them that your project is genuine and you are not doing it just to find another route to come to the UK. Because at the moment, this is how they see you.

The length of the letter doesn't mater as much as the proofs your bring. Anything you claim, you have to demonstrate strongly. If you just claim something without evidence, it won't be considered usually.

Also, try to get plans for studying in other countries rolling (EU, USA, Canada...) because they refused your application already and your are submitting a year later without any massive change in your circumstances. You are making the same representation as last year and the result would be probably the same.

[helenwang]

@mklmh, I haven't submitted because I need to put the money at the bank for at least 28 days.

@Zerubbabel,
Thank you for your reply.
Yes I was on Tier2 visa when I worked in the UK. They didn't question why I stayed for 4 months when I travelled to the UK on tourist visa. I read my interview transcripts. They misunderstood me. I should have conducted the interview in English so there was no misunderstanding. I will take the lessons.

I think it is quite common to study a Master degree after working some years. My refusal visa happened in 2016. I have done some vacational study similar to the course I will study along my work. I hope I can success to get it. I will sumbit a cover letter to explain my situation and try my best for it.

[helenwang]

Update: i got my tier4 visa on 20th Sep.