PhD - Tier 1 Initial Application Rejected

[ragsncl]

Hi All,

I need some valuable advice as soon as possible.

I took my phd viva exam on the 4th of March 2010 and passed it. Strictly speaking I passed with some minor corrections (typographical errors and NO lab work or anything serious)

I applied for my tier 1 visa on the 23rd of March 2010.

I got a refusal letter yesterday stating that I have not completed my phd and not ready for graduation. They have contacted my graduate school and they have told I have passed the phd with minor correction (which is to be submitted before 15th June 2010). This is even though my supervisor have given a letter that I have completed my Phd and I will be getting my degree parchment in our July 2010 convocation.

Now graduate school is saying that this has happened becuase I got the letter direct from the professor and not through them, which would have avoided this situation. They are willing to give me a letter today like a provisional phd certificate stating that I have completed my Phd. Will home office accept a letter dated after my application date? they have said in the appeal form I can include any new evidence if I have.

I had got instruction for correction from graduate school by email only on the 23rd of March 2010. I submitted my final thesis back to them on the 9th April 2010 and they have accepted it. So now I am fully done with my phd.

Will they reject my appeal saying that I should have submitted my corrections before (23th March 2010) applying for the tier 1 visa.

Home office have given me an option to appeal the case before 6th of May.

My leave to remain expired on the 01st of April 2010. So please advice what my best options are.

I am in a very desperate position. I spoke to an immigration lawyer for advice and he is saying the case is very strong if I appeal in court. Will they reject my appeal saying that I should have submitted my corrections before applying (23th March 2010) for the tier 1 visa.

Points given to my application:

Qualification 35 (given besed on my msc. Not 50 as per my phd)
Age 20
Uk Experience 5
Maintenance funds: 10
English Lang. Req.: 10

Please advice. Thank you.

Shree

[alimohmand]

There is a good chance of winning your case when presented to the appeal panel.

Good Luck.

[Vitavi]

I personally have been through the appeal process in the past and know all the pitfalls of the process. Based on that experience I can say that there are lots of ‘unqualified’ immigration advisors who provide the wrong advice just for the sake of the fee. They may even advice you to appeal knowing it would not be allowed, needles to say, for a fee of at least £1,000.

Also, based on my experience, I can tell you that it is very likely your appeal would be dismissed. This is because the law is very clear on the issue of qualification. You only graduate when such a decision has been taken by the examination Board of your University. And no provisional results are taken into account even if 10 Professors do sign a letter confirming your graduation.

This is because all universities in the UK are under a supervision of a specific authority (cannot remember its name by heart, but you can search for it in the internet) which strictly controls the process of awarding degrees by the Universities. One can only graduate once the Examination Board has taken such a decision and when you have received a confirmation of your award in writing. You don’t need the original certificate if you want to apply for Tier 1 visa, but you need to have received the award before the date of your application.

You cannot apply for Tier 1 visa before the actual award, then go to the appeal and present the award letter dated after the date of application. It would have worked well for you if you had forgotten to submit your degree certificate for example with your application, but it was readily available at that time. Also, since NO provisional results are acceptable as proof of the award, you won’t succeed in the appeal.

Ask your solicitors to explain how they are planning to win your appeal and which arguments they are going to use. They may say too many vague statements, such as that you are entitled for your visa simply because you have paid lots of money for the uni, or that you have been in this country for long enough to qualify for it anyway, or that provisional results should work for you. But it’s all a big lie. Solicitors always work for a fee, and it is not in their best intersects to give you the correct advice, and consequently only earn £100 in advisory fees than £1000 in appeal fees.

My advice would be to go to the official AIT website, then go to the database of immigration cases and look through the most recent cases starting with IA (immigration appeal) reference. You may have to look through at least 30 cases before you can find the one similar to yours, then read the decision of the judge. You will see that only awards approved by the examination boards are acceptable.

However, if you appeal your stay in the UK would be extended by the 3C articles of immigration rules, and you can stay legally in the UK for another 2 month or so. You may need this time to complete your degree. You can appeal on your own without hiring a solicitor. After your case is dismissed, you can go back home and apply for psw visa, come back here, work, and then apply for Tier 1 Gen once you satisfy the earning criteria. You should be fine in the end. Take care.

[ragsncl]

Hi Vitavi,

Thank you for your feedback. The policy guidance says the following for the research students. Also the result (form B PhD - filled in / signed by both the external and internal examiner) clearly says that a degree can be awared to me (subject to minor corrections - typographical errors carried out to the satisfaction of the internal examiner).

For PhD students please see the paragraph which explains that an academic reference letter confirming that I have completed the course should do.

The academic transcript must be on the institution’s official paper and must show the:
applicant’s name;•
name of the academic institution;•
course title; and•
confirmation of the award.•

If the applicant cannot provide his/ her original certificate for one of the reasons given above and is claiming points for a qualification with a significant research bias (frequently doctorates) he/she may not be able to provide an academic transcript. In these cases we will accept an academic reference alone. The academic reference must include all the information detailed above.

I am also planning to get a letter from Internal Examiner. I am getting my PhD degree parchment next week. Provisional letter from graduate school this Friday.

Others please advice on the above situation.

Thank you.

[ragsncl]

There is a good chance of winning your case when presented to the appeal panel.

Good Luck.

Dear alimohmand,

Could you please advice if you come across any such case before?

What are my chances? Please advice. Many thanks for your input.