Urgent Appeal; Impolite Rep Tells me to go back my country

[knee_hit]

Hi. Let me explain my case first. My PSW visa got rejected because I did not have my results in hand at the time of making the application on 29 Jan 09. I stated that I do not have the results in my application form and mentioned that I was expecting my results in Feb 09.

I recieved the results towards the end of Feb 09. I rang the home office on 05March 09. I asked the customer rep whether I can post my results now? That guy was so impolite and rude.

The first thing he told me was that I should have gone back to my country if I did not have the results in hand? Why did I apply for PSW?
The other thing he told me was that I may send the documents but he cannot promise me anything.

This shook me a lot and I was a hyper about the case. I was concerned about my original documents getting lost in all this confusion. In the middle of all this haste, I posted photo copies of my degree results.

HO did not request for an original copy of the results and rejected my application on 15 March.

I have to make an appeal in the next 10 working days. Can someone please help me with the following questions?

(Q1) Should I take a solicitors help to represent me or should I present my own case?

(Q2) Do I have to send all the documents again with my appeal form or just the appeal form and a cover letter?

(Q3) What is my point of appeal? On what grounds do I present my case?

(Q4) I have my convocation in July? Can this be a valid reason to extend stay in the UK? should I mention this?

(Q5) Can I make an appeal now, buy some time and make a second application simultaneously?

(Q6) Is it important to include a lot of technical and legal terms in the cover letter? I might not have the skills to write a legal letter. What to do in this case?

[jack199]

Very Unfortunate mate,

(Q1) Should I take a solicitors help to represent me or should I present my own case?

I would strongly advise you to get a Solicitor and you did not had a great experience with HO, Having a Solicitor with put extra weight on your case, and try and calm down yourself and relax. This is the time not to do any more mistakes.

(Q2) Do I have to send all the documents again with my appeal form or just the appeal form and a cover letter?

No. You do not need to send orignals you just send them photocopies and ask them for a hearing and in the hearing take your orignal documents. This chances are you will go to a immigration Judge.

(Q3) What is my point of appeal? On what grounds do I present my case?
Try and be honest with them. Did you send a uni/college letter with your initial application?

(Q4) I have my convocation in July? Can this be a valid reason to extend stay in the UK? should I mention this?

Yes. Why not i think you have a strong Case, providing all the facts. Whene did your visa expired?

(Q5) Can I make an appeal now, buy some time and make a second application simultaneously?

You can only appeal if your current leave has expired and if you still have student Visa then i would re-apply (Premier service)

(Q6) Is it important to include a lot of technical and legal terms in the cover letter? I might not have the skills to write a legal letter. What to do in this case?

Get a Lawyer mate. Try and research on this forum you will get some ideas about the generic overview of the cover letter

I would strongly advice you to do an Appeal as your case is geniune and if i were you i would get a Lawyer to represent my case.

This is the difficult time but try and relax and please dont try and make any more mistakes, Think with a cool head.

[knee_hit]

Hi

My student visa expired on 31 Jan09. Also, i did enclose a letter from the University. It mentioned the following details.

1) My course name and Uni name
2) I studied in the Uni from Sept 07 to Sept 08 and my attendance was satisfactory
3) I have submitted my dissertation to the Uni
4) My results will be declared in Feb 09. And I will be able to attend the convocation in June 09.

A1) I admit that sending photocopies hastily in response to the customer rep was a big mistake. But can that prove extremely costly in my situation? Do I explain in my appeal SOP all this?

A2) Solicitors are asking £200 for making the case. If the case goes to a hearing; its extra £400. All this is not on a 'no win no fee' basis. Are these the normal charges?

A3) I have heard the solicitors are helpful only till the point of charging money. After that you just end up running around them. Is this true?

A4) now I have my original transcripts. I also hold a second letter stating that I have been awarded a degree and my convocation will be held in July 09; where I shall be awarded my certificate.

Should I request some additional documentss from the University? or these 2 letters are sufficient enough.

A5) Should I just send in a strong case and not opt to attend the hearing? What will happen if I am not able to handle some situation in the hearing due to the pressure? Will it go against me?

A6) Should I go back to my country and make a 2nd application from there?

[koolbone]

Hi

My student visa expired on 31 Jan09. Also, i did enclose a letter from the University. It mentioned the following details.

1) My course name and Uni name
2) I studied in the Uni from Sept 07 to Sept 08 and my attendance was satisfactory
3) I have submitted my dissertation to the Uni
4) My results will be declared in Feb 09. And I will be able to attend the convocation in June 09.

A1) I admit that sending photocopies hastily in response to the customer rep was a big mistake. But can that prove extremely costly in my situation? Do I explain in my appeal SOP all this?

A2) Solicitors are asking £200 for making the case. If the case goes to a hearing; its extra £400. All this is not on a 'no win no fee' basis. Are these the normal charges?

A3) I have heard the solicitors are helpful only till the point of charging money. After that you just end up running around them. Is this true?

A4) now I have my original transcripts. I also hold a second letter stating that I have been awarded a degree and my convocation will be held in July 09; where I shall be awarded my certificate.

Should I request some additional documentss from the University? or these 2 letters are sufficient enough.

A5) Should I just send in a strong case and not opt to attend the hearing? What will happen if I am not able to handle some situation in the hearing due to the pressure? Will it go against me?

A6) Should I go back to my country and make a 2nd application from there?

Hi knee_hit. I had a similar problem to yours, appealed and was successful with my appeal. Now, to address your queries:

A1) I still don't get the exact reason for your refusal. Were you refused solely because you sent photocopies of your documents later on?

A2) Those charges are really fair enough mate. I confess, I paid more than that. I know people who were charged twice that. The main thing at this time is to get your refusal overturned. If you can afford £600 to get your refusal overturned, by all means go ahead.

A3) Well, I don't really know about that. I never had such problems. Who exactly have you been talking to?

A4) Those documents should suffice. Confirm that the letter you obtained from your University has all the necessary details as stated on the UKBA website.

A5) I see no reason why you'd not want to attend your hearing. You were obviously a genuine student who made a honest mistake. You're not the first and by no means will you be the last. You must have heard terrifying stories about appeal hearings. If you have nothing shady to hide, no need to be terrified. I've been to a hearing and it was a fairly informal setting. In the room, you just have the judge, the HO representative (that is if they choose to appear) and you (with your representative, if you have one, and few members of the public (if any) who want to view proceedings). You may be asked questions by the HO rep, the judge or even your rep. This is why it is important for you to be there 'cos only you can best explain yourself. In my case, I was asked only one question. So, try and relax mate, you're not a criminal about to be tried.


A6) It all depends on you. If you decide not to appeal but go back to your home country to apply, you have to consider a few things:
1) You must have had £2800 at ALL times in a 3 month period prior to applying.
2) You not appealing means you have a refusal against your immigration record. No problem here but you must ALWAYS declare this in further applications for entry clearance or leave to remain for the UK. If by a stroke of misfortune you fail to declare this refusal and apply, the Home Office will accuse you of deception and you will be slapped with a ban (one year, I believe).

I personally advise you to appeal. What do you have to lose by appealing? People with more serious cases than yours have appealed and have been successful. Just appeal on time.
All the best.

[jack199]

I would strongly advise you to appeal. Although its a bit long winded process but if you are a geniune student given the facts hopefully the decision would not go against you.

You are lucky that your solicitor is charging you just £200 or £400 if it goes to appeal. This is very cheap if you ask me. You have nothing to lose try your luck with appeal, i wouldn't advise you to leave UK and then apply from your Home Country for this refusal. But fisrt try and put your appeal before the dead line. Like Koolbone said he had the same sort of case given the facts i believe you have very good chance to win. But try and be patient i know its a stressful time but try and be Relax.

All the best

[knee_hit]

Thank you very much koolbone. You have taken the time and answered each and every querry.

Well, my reason of rejection is explained as follows:

'You have not provided a degree certificate, and the original letter that you provided from the University states that you are currently awaiting the final outcome of your postgraduate degree.
The subsequent letter and transcript that you supplied were not originals but copies and thus not admissible as evidence. so no points are awarded.'

Also, can you guys please recommend some solicitors; so that I can take more opinions with a different solicitor as well.

[knee_hit]

Thank you very much jack199. Thank you for your patience and time to answer every querry.

I am going to request my University to please give my degree certificate early; now in March 09. I hope that they do not refuse it although my convocation is in july 09.

If not this; then I shall request for a transcript and the following as well:

1) a transcript/degree certificate
2) attendance certificate and letter stating course duration
3) university accredition
4) course accredition

PLEASE TELL ME IF I AM MISSING ANY IMPORTANT DOCUMENTS.

The Uni says that the format of these letters are fixed. They cannot make any changes on my request.
This seems to be beyond my control. Please let me know what to do about this.

I understand that Uni will follow the guidelines in providing the letters. But What if the HO does not like the format which my Uni is providing? What to do in this situation?

[koolbone]

I am going to request my University to please give my degree certificate early; now in March 09. I hope that they do not refuse it although my convocation is in july 09.

If not this; then I shall request for a transcript and the following as well:

1) a transcript/degree certificate
2) attendance certificate and letter stating course duration
3) university accredition
4) course accredition

PLEASE TELL ME IF I AM MISSING ANY IMPORTANT DOCUMENTS.

The Uni says that the format of these letters are fixed. They cannot make any changes on my request.
This seems to be beyond my control. Please let me know what to do about this.

I understand that Uni will follow the guidelines in providing the letters. But What if the HO does not like the format which my Uni is providing? What to do in this situation?

OK, I see. If you had sent the originals then they would've accepted them. Well, what's done is done. Let's look ahead.
You could include those other documents you stated but the most important ones are your transcript/certificate and the University letter. The University Letter could be of any format and wording, the most important thing is that it must contain somewhere within it the following :
1)your name;
2)the title of the qualification;
3) the start and end dates of your period of study
4) the date of award
5) If you haven't obtained your certificate by then, it must also contain confirmation that your certificate will be issued as well as the details of the awarding body.

[knee_hit]

Thanks !!

since i had sent copies ... do you think i have a strong case to appeal ?
On what grounds can i appeal ?

Can you suggest a solicitor ?

[koolbone]

Thanks !!

since i had sent copies ... do you think i have a strong case to appeal ?
On what grounds can i appeal ?

Can you suggest a solicitor ?

I'd say you stand a good chance of winning your appeal if you have all the required documents we've talked about as at the time of the appeal.
As for the appeal grounds, that's why you need to get a solicitor who can best construct the grounds for you.
For solicitor suggestions, maybe Jack can help you out there.

[knee_hit]

Thanks koolbone !

Jack, could you recommend some solicitor whom i can approach ?

FYI - am based in London at the mo and did my studied at manchester univ.

[jack199]

Thanks koolbone !

Jack, could you recommend some solicitor whom i can approach ?

FYI - am based in London at the mo and did my studied at manchester univ.

Hi Knee_hit

Please follow the link and try and contact some advisor in your area.

http://www.oisc.gov.uk/people_seeking_i ... _advisers/ (Won't Charge)

http://www.oisc.gov.uk/people_seeking_i ... _advisers/ (Registered with Immigration)

Hope that helps mate.

[knee_hit]

Hello everyone

This appeal form is called ait-1. its links are
www.dca.gov.uk or
www.ait.gov.uk

1) Please help me with querries on section 4 and section 5. I am not sure which part to fill?

2) How do i attach my sop? A separate letter or fit it in section 4 or section 5 of form

Has any of you guys filled it already?

Thank you.

[knee_hit]

08449744000

This number is for a legal centre for immigration advice. They have a centre in Salford, Manchester and London.

i hope it can be useful

[vagabond4life]

I advise get a solicitor. In the appeal, also raise the below point of the rude comment by the adviser. All the calls are recorded for training & security purpose . This though not important will make the judge a little benevolent towards you.

I belive your appeal will be successful looking at other similar cases on this forum.

I recieved the results towards the end of Feb 09. I rang the home office on 05March 09. I asked the customer rep whether I can post my results now? That guy was so impolite and rude.

The first thing he told me was that I should have gone back to my country if I did not have the results in hand? Why did I apply for PSW?
The other thing he told me was that I may send the documents but he cannot promise me anything.

[knee_hit]

Hi

I am not able to hire a solicitor at this point. Can someone please help me with my appeal form and statement?

I need advise on sections 4 and 5? Has anyone filled the appeal form before?

Do I attach the statement separately?

Please input valuable suggestions as I do not want to take any chances.

Thank you.