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Need Urgent Advice

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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Rajaali
Member
Posts: 184
Joined: Fri May 22, 2009 11:18 pm

Need Urgent Advice

Post by Rajaali » Tue Jul 28, 2009 8:59 pm

Hi ,
I have a query about my friend . His appeal hearing is pending on 1st September but he did not want to attend the hearing nad wanna go back to his home country. So what i want to ask that is it possible for him to go after his hearing date as he's not attending his hearing . and how much time will he have to leave the country and as his visa is expired so what document does he need to prove that he's not an overstayer?

jack199
Member of Standing
Posts: 339
Joined: Mon Mar 02, 2009 7:50 pm

Re: Need Urgent Advice

Post by jack199 » Tue Jul 28, 2009 9:06 pm

If his appeal is logged then that’s the proof for him that he is not an overstayer. AIT will send you the required paperwork. In the HO rejection letter the HO case worker must have said that if you logged your appeal within the 10 working days of original refusal then he/she does not need to leave the country.

The appeal process is a bit lengthy but i would advise your friend to try his luck and don't leave the country until he gets the decision. Normally an applicant would have 28 days to leave UK once his visa application is rejected (providing he does not appeal) but if the applicant does appeal then the previous leave is treated a continuing until you get the result of your appeal.

Hope that helps

ash786
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Posts: 947
Joined: Wed Jun 24, 2009 8:57 pm

Re: Need Urgent Advice

Post by ash786 » Tue Jul 28, 2009 10:18 pm

Rajaali wrote:Hi ,
I have a query about my friend . His appeal hearing is pending on 1st September but he did not want to attend the hearing nad wanna go back to his home country. So what i want to ask that is it possible for him to go after his hearing date as he's not attending his hearing . and how much time will he have to leave the country and as his visa is expired so what document does he need to prove that he's not an overstayer?
Where did he study from and what was the reason for his refusal?

Rajaali
Member
Posts: 184
Joined: Fri May 22, 2009 11:18 pm

Re: Need Urgent Advice

Post by Rajaali » Wed Jul 29, 2009 12:47 am

ash786 wrote:
Rajaali wrote:Hi ,
I have a query about my friend . His appeal hearing is pending on 1st September but he did not want to attend the hearing nad wanna go back to his home country. So what i want to ask that is it possible for him to go after his hearing date as he's not attending his hearing . and how much time will he have to leave the country and as his visa is expired so what document does he need to prove that he's not an overstayer?
Where did he study from and what was the reason for his refusal?
Its not for his studies , he got refusal for maintenance funds .

@ Jack ...

What if he dont goes to hearing on 1st of september then how many days he has to leave the country as previous leave is already expired or is it like he has to leave before his hearing if he dun wanna go for it and also he dont wanna stay for some personal family reasons !

jack199
Member of Standing
Posts: 339
Joined: Mon Mar 02, 2009 7:50 pm

Re: Need Urgent Advice

Post by jack199 » Wed Jul 29, 2009 9:20 pm

He would have to withdraw his appeal and write to HO and then HO will send you what next to do, usually its 28 days, BUT why he wants to leave?????

Rajaali
Member
Posts: 184
Joined: Fri May 22, 2009 11:18 pm

Re: Need Urgent Advice

Post by Rajaali » Wed Jul 29, 2009 10:10 pm

jack199 wrote:He would have to withdraw his appeal and write to HO and then HO will send you what next to do, usually its 28 days, BUT why he wants to leave?????
the thing is he want to leave on 15th september and therefore need time till then ...i adviced him to go on the hearing and accept that you couldnt manage the funds ..that way he will definitely be refused but atleast will get 2 weeks until the determination to come ...he wud also get refused if he wont go to the hearing and then not sure wether he will have time until 15 sept 2 leave country ...so i think if he has a mind to get refused anyways then going to hearing is not harmful ..isnt it ? and yea he wants to leave because of family pressure and poor financial circumstances he's facing in UK as he has got PG Diploma and cannot study further even if he gets his visa as his application is fro IGS to PSW and all he will get after this is a one year extension in which he can hardly study taking in consideration his financial situation and thus there will be no future for him after this 1 year extension and therefore i think he's doing right by going back though i agree the refusal stamp wud b a bad sign for him but its fine as he dun wanna cum bak 4 atleast next 5 years !

jack199
Member of Standing
Posts: 339
Joined: Mon Mar 02, 2009 7:50 pm

Re: Need Urgent Advice

Post by jack199 » Wed Jul 29, 2009 10:31 pm

Good Luck to him

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