Refusal & No Appeal - Help Needed!

[crazy3gg]

Hi all,

I applied for my student visa extension in January 28th 2010 (visa expiration on January 31st 2010) few days before my visa was about to expire. The fee was taken on the next consecutive day (Jan 29th). After 2 months, UKBA returned my application suggesting I provide a new Photograph as the current one doesn't match the standard of immigration. I received this on March 25th 2010 and took new photograph and sent my application back on March 29th 2010.

I was called in for a Bio-metric in April 2010. Yesterday I received a letter from UKBA explaining my visa has been refused due to two reasons:

1) Valid CAS Reference Number NOT provided
2) Visa extension was applied AFTER my current visa expired

CAS Reference Number system came into place only in February 22nd 2010, however my application was sent on 28th Jan & received by them on 29th January 2010. They have also mentioned, all documents submitted look ok but since I haven't provided CAS they cannot process my application. More on this, they have also explained I don't have the RIGHT to appeal because my visa extension was filed after expiration.

Now.. what is happening with UKBA, its clearly their fault. When I sent in my application back in March 2010 with new photograph, they considered it as new application? How is this possible when I was given in writing that I need to update them new photographs. Secondly, I have proof when they charged my card & letter that I received in February 4th 2010 that my application is in process.

I have been given 10 days to leave the county with no right to appeal although the fault is on UKBA side. I haven't received my passport back, letter explains its with local enforcement agency (what is that supposed to mean). I have never experienced this before, I'd look forward in hearing your suggestion, advice and anything that can help me take quick steps to sort my issue.

Thanks & Regards

[potterbond007]

On the acknowledgment letter received, what date does it say that your Visa application was received by UKBA?

[crazy3gg]

On the acknowledgment letter received, what date does it say that your Visa application was received by UKBA?

I got the acknowledgement letter on Feburary 4th 2010 which shows the date as January 29th 2010 for application received date. Thanks!

[potterbond007]

On the acknowledgment letter received, what date does it say that your Visa application was received by UKBA?

I got the acknowledgement letter on Feburary 4th 2010 which shows the date as January 29th 2010 for application received date. Thanks!

did you by chance receive a new aknowledgement letter when you send back your application with the new photographs? From your case, I think that you would have to consult a solicitor to evaluate your options out of which i believe that one would be to file a complaint in court.. You should first try phoning the UKBA and explaining your situation and see what they have to say.

[joh118]

Hi all,

I applied for my student visa extension in January 28th 2010 (visa expiration on January 31st 2010) few days before my visa was about to expire. The fee was taken on the next consecutive day (Jan 29th). After 2 months, UKBA returned my application suggesting I provide a new Photograph as the current one doesn't match the standard of immigration. I received this on March 25th 2010 and took new photograph and sent my application back on March 29th 2010.

I was called in for a Bio-metric in April 2010. Yesterday I received a letter from UKBA explaining my visa has been refused due to two reasons:

1) Valid CAS Reference Number NOT provided
2) Visa extension was applied AFTER my current visa expired

CAS Reference Number system came into place only in February 22nd 2010, however my application was sent on 28th Jan & received by them on 29th January 2010. They have also mentioned, all documents submitted look ok but since I haven't provided CAS they cannot process my application. More on this, they have also explained I don't have the RIGHT to appeal because my visa extension was filed after expiration.

Now.. what is happening with UKBA, its clearly their fault. When I sent in my application back in March 2010 with new photograph, they considered it as new application? How is this possible when I was given in writing that I need to update them new photographs. Secondly, I have proof when they charged my card & letter that I received in February 4th 2010 that my application is in process.

I have been given 10 days to leave the county with no right to appeal although the fault is on UKBA side. I haven't received my passport back, letter explains its with local enforcement agency (what is that supposed to mean). I have never experienced this before, I'd look forward in hearing your suggestion, advice and anything that can help me take quick steps to sort my issue.

Thanks & Regards

I know EXACTLY what happened. This catches out many many students.

So, you applied before your leave expired. good. but gave the wrong photo. your application was rejected and was sent back asking you to apply again with the correct photo. which you did. but when you sent it back again, what you did was to apply again on a FRESH application. Your previous application was refused. No new payment was required because for smaller issues like photos the UKBA are willing to accept a FRESH application from the original payment that you made back in febuary. When you made your FRESH application, the CAS number requirement came in. you failed to supply the number. therefore your application got refused.

you have NO right to appeal as you made the FRESH application with your new photo when you DID NOT have a current leave to remain. ie. you made an out of time application.

In conclusion, I am afraid that the UKBA did follow the immigration rules to the letter and I am afraid you have very little to back up your case. This photo issue catches a lot of unsuspecting students out and when they reapply they do not realise it is a NEW FRESH applicationg that they are making. What usually catches the others out are the bank statements because when they recieve their rejected application back, they just send their new photo but their old bank statements which would be out of date for the new application.

My suggestion would be is to buy yourself a ticket back home. call the UKBA on the phone number that they've given you on your letter and send the copies of your ticket and receipt and then you should be given instructions on how or where you can get your passport back. If you live in london, this would be at a centre or it could be at the airport when you are leaving the UK.

Don't worry, you are not banned or anything, just go home and apply for a new visa there. In my opinion there is very little chance for you getting a visa in the UK.

hope this helps

[crazy3gg]

Hi all,

I applied for my student visa extension in January 28th 2010 (visa expiration on January 31st 2010) few days before my visa was about to expire. The fee was taken on the next consecutive day (Jan 29th). After 2 months, UKBA returned my application suggesting I provide a new Photograph as the current one doesn't match the standard of immigration. I received this on March 25th 2010 and took new photograph and sent my application back on March 29th 2010.

I was called in for a Bio-metric in April 2010. Yesterday I received a letter from UKBA explaining my visa has been refused due to two reasons:

1) Valid CAS Reference Number NOT provided
2) Visa extension was applied AFTER my current visa expired

CAS Reference Number system came into place only in February 22nd 2010, however my application was sent on 28th Jan & received by them on 29th January 2010. They have also mentioned, all documents submitted look ok but since I haven't provided CAS they cannot process my application. More on this, they have also explained I don't have the RIGHT to appeal because my visa extension was filed after expiration.

Now.. what is happening with UKBA, its clearly their fault. When I sent in my application back in March 2010 with new photograph, they considered it as new application? How is this possible when I was given in writing that I need to update them new photographs. Secondly, I have proof when they charged my card & letter that I received in February 4th 2010 that my application is in process.

I have been given 10 days to leave the county with no right to appeal although the fault is on UKBA side. I haven't received my passport back, letter explains its with local enforcement agency (what is that supposed to mean). I have never experienced this before, I'd look forward in hearing your suggestion, advice and anything that can help me take quick steps to sort my issue.

Thanks & Regards

I know EXACTLY what happened. This catches out many many students.

So, you applied before your leave expired. good. but gave the wrong photo. your application was rejected and was sent back asking you to apply again with the correct photo. which you did. but when you sent it back again, what you did was to apply again on a FRESH application. Your previous application was refused. No new payment was required because for smaller issues like photos the UKBA are willing to accept a FRESH application from the original payment that you made back in febuary. When you made your FRESH application, the CAS number requirement came in. you failed to supply the number. therefore your application got refused.

you have NO right to appeal as you made the FRESH application with your new photo when you DID NOT have a current leave to remain. ie. you made an out of time application.

In conclusion, I am afraid that the UKBA did follow the immigration rules to the letter and I am afraid you have very little to back up your case. This photo issue catches a lot of unsuspecting students out and when they reapply they do not realise it is a NEW FRESH applicationg that they are making. What usually catches the others out are the bank statements because when they recieve their rejected application back, they just send their new photo but their old bank statements which would be out of date for the new application.

My suggestion would be is to buy yourself a ticket back home. call the UKBA on the phone number that they've given you on your letter and send the copies of your ticket and receipt and then you should be given instructions on how or where you can get your passport back. If you live in london, this would be at a centre or it could be at the airport when you are leaving the UK.

Don't worry, you are not banned or anything, just go home and apply for a new visa there. In my opinion there is very little chance for you getting a visa in the UK.

hope this helps

Hi joh118,

I believe you are right, I spoke to UKBA an hour ago on phone explaining my situation and I was give EXACT explanation as what you have outlined here. When I sent my application back on March 2010, it was considered as FRESH application according to UKBA but no where in the letter does it mention about it or does it say I have to include my CAS Reference Number however the lady on the phone (who was very rude) explained its my responsibility to see all documents are attached when sending my application back.

So my application was rejected because no CAS number was added and also the fact it was sent after expiration date (which I have no control of). When I asked her why she was being rude as we are only to trying to contact their PREMIUM NUMBER to get some advice & help, it took me 8 minutes to get to her and 4 minutes of her talking without letting me express my view. She cut the call saying I was interrupting her often (which I did as I wanted to update her on few things which she mis-understood totally) and that I raised my voice.

I spoke to a Immigration Advisor from my University and he has adviced me to return back to my home country and re-apply from there. Volunteer exit is always appreciated by UKBA and hence I wouldn't in trouble. However, I asked him if my over stay would affect my future application for which he explained it wouldn't as you clearly waited for response on your application. Any thoughts on this, would I be trouble for the reason I stayed until this month without a valid visa?

I have been calling both numbers mentioned in my letter to get advice on my return but for some odd reasons they are busy ALWAYS. I now don't have any clue as to whom I should call to get information on my passport and leave UK. This is very very bad & sad time for me but I hope to get it sorted by returning to home country.

Thank all for your reply, any additional advice always welcome.

Cheers

[joh118]

Hi all,

I applied for my student visa extension in January 28th 2010 (visa expiration on January 31st 2010) few days before my visa was about to expire. The fee was taken on the next consecutive day (Jan 29th). After 2 months, UKBA returned my application suggesting I provide a new Photograph as the current one doesn't match the standard of immigration. I received this on March 25th 2010 and took new photograph and sent my application back on March 29th 2010.

I was called in for a Bio-metric in April 2010. Yesterday I received a letter from UKBA explaining my visa has been refused due to two reasons:

1) Valid CAS Reference Number NOT provided
2) Visa extension was applied AFTER my current visa expired

CAS Reference Number system came into place only in February 22nd 2010, however my application was sent on 28th Jan & received by them on 29th January 2010. They have also mentioned, all documents submitted look ok but since I haven't provided CAS they cannot process my application. More on this, they have also explained I don't have the RIGHT to appeal because my visa extension was filed after expiration.

Now.. what is happening with UKBA, its clearly their fault. When I sent in my application back in March 2010 with new photograph, they considered it as new application? How is this possible when I was given in writing that I need to update them new photographs. Secondly, I have proof when they charged my card & letter that I received in February 4th 2010 that my application is in process.

I have been given 10 days to leave the county with no right to appeal although the fault is on UKBA side. I haven't received my passport back, letter explains its with local enforcement agency (what is that supposed to mean). I have never experienced this before, I'd look forward in hearing your suggestion, advice and anything that can help me take quick steps to sort my issue.

Thanks & Regards

I know EXACTLY what happened. This catches out many many students.

So, you applied before your leave expired. good. but gave the wrong photo. your application was rejected and was sent back asking you to apply again with the correct photo. which you did. but when you sent it back again, what you did was to apply again on a FRESH application. Your previous application was refused. No new payment was required because for smaller issues like photos the UKBA are willing to accept a FRESH application from the original payment that you made back in febuary. When you made your FRESH application, the CAS number requirement came in. you failed to supply the number. therefore your application got refused.

you have NO right to appeal as you made the FRESH application with your new photo when you DID NOT have a current leave to remain. ie. you made an out of time application.

In conclusion, I am afraid that the UKBA did follow the immigration rules to the letter and I am afraid you have very little to back up your case. This photo issue catches a lot of unsuspecting students out and when they reapply they do not realise it is a NEW FRESH applicationg that they are making. What usually catches the others out are the bank statements because when they recieve their rejected application back, they just send their new photo but their old bank statements which would be out of date for the new application.

My suggestion would be is to buy yourself a ticket back home. call the UKBA on the phone number that they've given you on your letter and send the copies of your ticket and receipt and then you should be given instructions on how or where you can get your passport back. If you live in london, this would be at a centre or it could be at the airport when you are leaving the UK.

Don't worry, you are not banned or anything, just go home and apply for a new visa there. In my opinion there is very little chance for you getting a visa in the UK.

hope this helps

Hi joh118,

I believe you are right, I spoke to UKBA an hour ago on phone explaining my situation and I was give EXACT explanation as what you have outlined here. When I sent my application back on March 2010, it was considered as FRESH application according to UKBA but no where in the letter does it mention about it or does it say I have to include my CAS Reference Number however the lady on the phone (who was very rude) explained its my responsibility to see all documents are attached when sending my application back.

So my application was rejected because no CAS number was added and also the fact it was sent after expiration date (which I have no control of). When I asked her why she was being rude as we are only to trying to contact their PREMIUM NUMBER to get some advice & help, it took me 8 minutes to get to her and 4 minutes of her talking without letting me express my view. She cut the call saying I was interrupting her often (which I did as I wanted to update her on few things which she mis-understood totally) and that I raised my voice.

I spoke to a Immigration Advisor from my University and he has adviced me to return back to my home country and re-apply from there. Volunteer exit is always appreciated by UKBA and hence I wouldn't in trouble. However, I asked him if my over stay would affect my future application for which he explained it wouldn't as you clearly waited for response on your application. Any thoughts on this, would I be trouble for the reason I stayed until this month without a valid visa?

I have been calling both numbers mentioned in my letter to get advice on my return but for some odd reasons they are busy ALWAYS. I now don't have any clue as to whom I should call to get information on my passport and leave UK. This is very very bad & sad time for me but I hope to get it sorted by returning to home country.

Thank all for your reply, any additional advice always welcome.

Cheers

well, you will now have a record of refusal on your account and this may lead to you being asked the odd extra question at the airport but nothing too serious.

As long as you are a genuine student, you have nothing to worry about.

If you were hoping to apply on 10 year long residence ILR, then i'm afraid your continuous legal residence has been broken.

good luck and I hope you get your visa!

[potterbond007]

This is very very bad & sad time for me but I hope to get it sorted by returning to home country.

Thank all for your reply, any additional advice always welcome.

Cheers

Nice to see a guy who wants to return without too much fuss.. If you where looking for your ILR, you would obviously have gone for filing a complaint.. But this is the sensible decision..

[crazy3gg]

This is very very bad & sad time for me but I hope to get it sorted by returning to home country.

Thank all for your reply, any additional advice always welcome.

Cheers

Nice to see a guy who wants to return without too much fuss.. If you where looking for your ILR, you would obviously have gone for filing a complaint.. But this is the sensible decision..

Hi potterbond007,

Thanks for your reply, I am not looking for ILR as I have completed my post graduation. I am thinking of returning to my home country and apply for HSMP / Work Visa or PSWV as I have already secured a job, I have also let the employer know that I wil be joining them in 3 months time.

Do you know if I can apply for my UK Visa when I reach my home country or is there any time frame that I should follow before making a new application?

Cheers