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Application rejected due to insufficient degree evidence

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

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psychic
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Application rejected due to insufficient degree evidence

Post by psychic » Thu Mar 04, 2010 1:48 pm

In a nutshell, I applied for PSW on 27th January 2010 and have got back my documents on 4th March 2010 with rejection because the letter I have submitted from the University does not have enough evidence. The exact words from my university letter is as follows:

"He is to be awarded the degree MSc in XXX on 10th February 2010 by the Senatus Academicus of the University of XXX.

Degree certificates are normally issued within ten working days after the Senatus Academicus date, provided candidates have met all of the University requirements(i.e. no outstanding Tuition/Residence/Library fees, on completing a Graduation form and paying the appropriate fee)."

Now I am able to see that this letter is not clear enough after following the threads posted here. Back then, when I was applying I showed this same letter to the person at my University's foreign student support office(as the case with all my other evidences) and I took that person's word for it being sufficient.

I am confused by the section in my rejection letter below the SECTION C: RIGHT OF APPEAL. From what I can understand the section of appeal tells us that you can only appeal against the decision in case the fault lies with the HO. I am going to submit new evidence(original degree certificate) during my appeal and I think the section below the right to appeal which reads as follows applies:

One-Stop Warning - Statement of Additional Grounds
  • You must now inform us of any reasons why you think you should be allowed to stay in this country. This includes why you wish to stay here and any grounds why you should not be removed or required to leave.
    You do not have to repeat any reasons already given us but if you do have any more reasons you must now disclose them.
    If you later apply to stay here for a reason which you could have given us now, you may not be able to appeal if the application is refused.
    If, at a later date, the reasons why you think you should be allowed to stay in this country changes, or new reasons arise, you must tell us as soon as possible.
    If you apply to stay here for a reason which you could have raised earlier, you may not be able to appeal if the application is refused.
    This ongoing requirement to state your reasons is made under section 120 of the Nationality, Immigration and Assylum Act 2002.
I should say here that I am not fully able to understand the words of this section i.e. are they giving me a provision to submit new evidence before appeal??

Even otherwise what can I do now? I trusted the letter from the University/support staff from foreign office and I am in the present situation, I have no issues with maintenance and have the degree now.[/list]

potterbond007
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Re: Application rejected due to insufficient degree evidence

Post by potterbond007 » Thu Mar 04, 2010 2:00 pm

psychic wrote:In a nutshell, I applied for PSW on 27th January 2010 and have got back my documents on 4th March 2010 with rejection because the letter I have submitted from the University does not have enough evidence. The exact words from my university letter is as follows:

"He is to be awarded the degree MSc in XXX on 10th February 2010 by the Senatus Academicus of the University of XXX.

Degree certificates are normally issued within ten working days after the Senatus Academicus date, provided candidates have met all of the University requirements(i.e. no outstanding Tuition/Residence/Library fees, on completing a Graduation form and paying the appropriate fee)."

Now I am able to see that this letter is not clear enough after following the threads posted here. Back then, when I was applying I showed this same letter to the person at my University's foreign student support office(as the case with all my other evidences) and I took that person's word for it being sufficient.

I am confused by the section in my rejection letter below the SECTION C: RIGHT OF APPEAL. From what I can understand the section of appeal tells us that you can only appeal against the decision in case the fault lies with the HO. I am going to submit new evidence(original degree certificate) during my appeal and I think the section below the right to appeal which reads as follows applies:

One-Stop Warning - Statement of Additional Grounds
  • You must now inform us of any reasons why you think you should be allowed to stay in this country. This includes why you wish to stay here and any grounds why you should not be removed or required to leave.
    You do not have to repeat any reasons already given us but if you do have any more reasons you must now disclose them.
    If you later apply to stay here for a reason which you could have given us now, you may not be able to appeal if the application is refused.
    If, at a later date, the reasons why you think you should be allowed to stay in this country changes, or new reasons arise, you must tell us as soon as possible.
    If you apply to stay here for a reason which you could have raised earlier, you may not be able to appeal if the application is refused.
    This ongoing requirement to state your reasons is made under section 120 of the Nationality, Immigration and Assylum Act 2002.
I should say here that I am not fully able to understand the words of this section i.e. are they giving me a provision to submit new evidence before appeal??

Even otherwise what can I do now? I trusted the letter from the University/support staff from foreign office and I am in the present situation, I have no issues with maintenance and have the degree now.[/list]
The judge at the appeal accepted the degree certificate that i presented at the hearing as proof that i have got my degree now ( i was rejected in the same situation ). Just say that the university had some delay in deciding on your degree and u didn't get it at the time of application and that u have it now which i guess should be fine in ur case..

arsenal49
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Post by arsenal49 » Thu Mar 04, 2010 4:01 pm

i am so sorry about your rejection...

The next step is an appeal process and you should be fine as now you have original certficate.

In hindsight, you should have filled out change of circumstances form and submitted your original certificate when it was awarded to you. It must be around mid of february and they still havent had a look at your application.

Anyway, i am pretty sure you will win the appeal.

one question regarding the timeline... This is what you posted in another thread...

PSW APPLIED: 28 JAN 10
HO RECEIVED: 29 JAN 10(SD)
FEE DEDUCTED: 09 FEB 10
ACK RECEIVED: Not Yet

There is a slight mismatch between the dates in this thread and in another thread. Can you confirm your timeline for us. My friend has also applied on 28 jan and it was received on 29 jan but still no news from HO.

regards and remain strong in this time of distress

psychic
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Post by psychic » Thu Mar 04, 2010 4:27 pm

Update:

my friend applied with the same letter (dated same) and he has got his PSW approved today. This is laughable.

psychic
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Post by psychic » Thu Mar 04, 2010 5:02 pm

Urgent : can anyone give me the contact number for UKBA in sheffield ? they have supplied the wrong number in the rejection letter.

arsenal49
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Post by arsenal49 » Thu Mar 04, 2010 5:10 pm

http://www.immigrationboards.com/viewtopic.php?t=10949

look here. give them a call and ask to get transferred or... watever the case maybe

psychic
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Post by psychic » Thu Mar 04, 2010 6:59 pm

Now I feel like flaming the case worker who took up my case after going through the University letter multiple times.
"He is to be awarded the degree MSc in XXX on 10th February 2010 by the Senatus Academicus of the University of XXX.

Degree certificates are normally issued within ten working days after the Senatus Academicus date, provided candidates have met all of the University requirements(i.e. no outstanding Tuition/Residence/Library fees, on completing a Graduation form and paying the appropriate fee)."
It clearly means my degree is to be awarded on the said date unless I fail to pay my outstanding fees and a small Graduation fee. Which in other words mean I am academically eligible to receive the degree.

After paying a really large international student fee and working hard submitting coursework on time and getting a degree, it is really obvious any person would want to get his Masters for which he came to UK.

This case worker is b**** d***.

psychic
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Post by psychic » Thu Mar 04, 2010 10:25 pm

Can someone please explain to me what the section One-Stop Warning - Statement of Additional Grounds is given for??

psychic
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Post by psychic » Fri Mar 05, 2010 4:45 am

More BS from case worker, in my rejection letter he has stated that he has given careful consideration to the following:

On 29 August 2008 you were granted leave to enter the United Kingdom as a student untill 31 January 2010.

As an evidence for that application I had submitted my full fee receipt from the University which further makes me not receiving the degree from the University seem more ridiculous.

Thanks to all this I have to waste money and time, I have a scheduled flight trip to London to meet people at the head office of the company I am interning at. I dont know whether I will be able to take the trip now, cant I sue them if I lose employment because of this??

psychic
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urgent need help

Post by psychic » Fri Mar 05, 2010 11:40 am

guess what i got my degree in 5 minutes. the HO gave me the wrong phone number in the rejection letter and none of the numbers seem to work in the thread which arsenal gave link to. Somebody tell me what to do now. I have got all the valid documents and a rejection letter.i dont know what to do now.

arsenal49
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Post by arsenal49 » Fri Mar 05, 2010 2:20 pm

This could help you save time (not sure about the money).

Keep calling the public contact number and explain the situation. Ask them to give you chance to submit another application as you dont want to go for lengthy appeal process.

If they allow you (there is allowance in law that someone can make an application within 28-days of rejection),then the second time around your application might be fast forwarded and you may get results in double quick time.

OR...

just bite the bullet and go through the appeal process

regards


http://www.publications.parliament.uk/p ... 7-0014.htm

Biggy01
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Post by Biggy01 » Fri Mar 05, 2010 3:03 pm

Does he have to pay another application fee or is it gonna be free this time?

arsenal49
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Post by arsenal49 » Fri Mar 05, 2010 3:38 pm

new app so yes he will need to pay fees again

potterbond007
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Post by potterbond007 » Fri Mar 05, 2010 4:52 pm

arsenal49 wrote:This could help you save time (not sure about the money).

Keep calling the public contact number and explain the situation. Ask them to give you chance to submit another application as you dont want to go for lengthy appeal process.

If they allow you (there is allowance in law that someone can make an application within 28-days of rejection),then the second time around your application might be fast forwarded and you may get results in double quick time.

OR...

just bite the bullet and go through the appeal process

regards


http://www.publications.parliament.uk/p ... 7-0014.htm
What arsenal says is true.. as per new rules u can apply for ur visa again in 28 days of rejection.. Just try for that walk in application thingy which costs like 700 pounds ( last time i looked ).. That will save you a hell load of time.. There is nothing else u can do about ur old application other than the appeal process..

psychic
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Post by psychic » Fri Mar 05, 2010 5:34 pm

I do not want to waste 500 pounds when I have done nothing wrong.

I have still not got any clear replies on what the one stop warning section means.

This is my planned case for appeal:

I am going to submit my original degree certificate as a new evidence as it is obvious that my letter from the University clearly states that I was to be awarded the degree at a later date by the senatus if I have no fee pending(in other words I am academically eligible to get the degree).

Since the rejection letter said that the case worker has carefully considered my student application which had my full fee receipt as a supporting document, him thinking that it is not clear whether I will receive the degree was a wrong decision.

I had no issues with maintenance and got full marks for that section already. Can someone tell me what should be done with respect to getting a solicitor or whether I can represent myself if I have a good standard of english.

arsenal49
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Post by arsenal49 » Fri Mar 05, 2010 7:01 pm

this is a long shot but...

get hold of your friend's application number/PBS number who submitted the SAME letter as you did and got psw.. and tell HO that you have submitted the same document but you got rejection.WHY??

Ask them (on telephone/email) to please please have a second look at your application and tell them, if required, you can even submit the original certificate now to further back up the original uni letter.

They will be able to check your friend's uni letter and your letter to find that it is EXACTLY same thing. HO would not want to get humiliated infront of the judge during appeal process and might be kind enough to award you psw without you going through appeal process.

As i said, its a long shot but worth the hassle.

You dont need solicitor as your case is very very simple. The hearing probably would last 10 minutes as you can show them the original certificate. and the whole defence from HO point of view would become bollocks upon producing that document.

regards,

arsenal49
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Post by arsenal49 » Fri Mar 05, 2010 7:03 pm

i know you probably have loads on your mind already... but can you tell me exactly when you submitted your application and when it was received by HO

psychic
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Post by psychic » Fri Mar 05, 2010 8:24 pm

I am meeting the people at my University's foreign office Monday morning and will call HO and ask about your suggestion.

Applied by post(SD) on 28thjan and they received the next day and I am still puzzled by what the one stop warning section means. I got the application date wrong in my first post.

arsenal49
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Post by arsenal49 » Fri Mar 05, 2010 8:41 pm

ask your uni guys if they can contact HO on your behalf. They usually have close contact via "student batch scheme" so they COULD/MIGHT use that link to solve your problem.

regards

t070576
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Template Letter for a PSW visa application

Post by t070576 » Fri Mar 05, 2010 9:11 pm

Could someone please post a template letter issued by the Uni for a successful PSW application instead of degree certificate since my certificate is not due till June and my personal tutor is providing the letter, so that I can ask her to ensure all points are mentioned accurately. Thanks

psychic
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Post by psychic » Fri Mar 05, 2010 10:26 pm

Thanks arsenal, I will ask my uni ppl to do something about it.

@t070576 my friend applied on the same day with the same letter and he got his visa without any issues. So it depends a lot on the case worker. The only thing I would advice is to have absolutely no provisional clauses in the letter.

arsenal49
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Re: Template Letter for a PSW visa application

Post by arsenal49 » Fri Mar 05, 2010 10:52 pm

t070576 wrote:Could someone please post a template letter issued by the Uni for a successful PSW application instead of degree certificate since my certificate is not due till June and my personal tutor is providing the letter, so that I can ask her to ensure all points are mentioned accurately. Thanks
have a look in the guidance document from HO. They write clearly what they are looking for in uni letter. Make sure all these things are mentioned in the letter. And most of all, that document must be signed/stamped by uni and not your personal tutor

regards

Biggy01
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Post by Biggy01 » Sat Mar 06, 2010 12:09 am

Is it composory to include the reason why the certificate was not presented at the time of application as stated in the policy guaidance but not in the application forms itself?

arsenal49
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Post by arsenal49 » Sun Mar 07, 2010 1:57 pm

Biggy01 wrote:Is it composory to include the reason why the certificate was not presented at the time of application as stated in the policy guaidance but not in the application forms itself?
well, nothing is compulsory. the onus is on applicant to remove any lingering doubts that may arise, after looking at the application, in caseworker's miind. if explanation is not provided e.g. in covering loetter, then you risk a rejection. the smart thing to do is remove these doubts as much as possible in your application.

psychic
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Post by psychic » Thu May 20, 2010 12:55 pm

Update:

I had my hearing on 22 April. The HO representatice who was present there was supposed to be a strict one according to my lawyer. Guess what he told he did not have a case against me and felt sympathetic towards me.

I got my visa approved by the judge on 18th May. Now waiting for HO to ask for my passport. Any idea what the normal time frame is?

Two months wasted because of case worker **** up.
Last edited by psychic on Fri Jun 11, 2010 9:44 pm, edited 1 time in total.

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