it is killing me, which way to go??????

adseeker · Post by **adseeker** » Tue May 30, 2006 11:41 pm

Hi, everyone,

I'm a new member and like many of you, I joined to seek advice.
My situation is roughly as follows:
I am a dependant on my husband's student visa. At the end of last December, he made an in-time visa extension application and was refused. Then he went on appeal which was rejected and today his application for reconsideration of the appeal to AIT was rejected as well. He has five days to submitt application for reconsideration to Administrative Court.
We have a 11-year old daughter who has stayed here for four years and is going to start her secondary school this coming September. I can't go back to my home country for her sake. I have to find a way to stay. I have only two possible ways out: 1) I go back to my country and get a student visa. 2) I go back to my country and get a independent school student visa on behalf of my daughter.

My question is: Which solution stands more chance as we have already had the record of being refused?

Any advice would be highly appreciated!
Thanks!

Jeff Albright · Post by **Jeff Albright** » Wed May 31, 2006 11:28 am

adseeker wrote: At the end of last December, he made an in-time visa extension application and was refused. Then he went on appeal which was rejected and today his application for reconsideration of the appeal to AIT was rejected as well. He has five days to submitt application for reconsideration to Administrative Court.

Sorry to hear that. Pretty harsh but regrettfully things like that happen. Please advise on the exact reasons of refusal.

1) I go back to my country and get a student visa.

Do you meet all the requirements for it? Have you considered other possibilities under other categories?

2) I go back to my country and get a independent school student visa on behalf of my daughter.

Haven't heard of this before. Perhaps Chess, John, Kayalami would advise on that better.

My question is: Which solution stands more chance as we have already had the record of being refused?

I don't think the refusals will have the fatal implications but there is a question in VAF form about this and you will have to put "yes". Besides, the refusals, specifically the IAT's (because the IAT deals with cases for settlement only) can be detrimental to the "returnability" criteria, as a part of the Immigration Rules requirements for non-settlement visa applications. So I would advise that you consider the programmes under which you could return to the UK in the Category Leading to Settlement, if it eventuates that you run out of options available to you now and have to leave the UK. Just bear that in mind.

Give us more information on the reasons of refusal and we will try to throw some ideas...

Good luck. Hope things will sort themselves out in your favour.

Post by **John** » Wed May 31, 2006 11:55 am

I go back to my country and get a independent school student visa on behalf of my daughter.

Nothing to stop you doing that. Quite a number of children from overseas attend boarding schools in the UK.

But don't think that granting a student visa to your daughter will get you and your spouse any dependant's visas.

Also, as regards the student visa rejection, any possibility of HSMP or Work Permit? Do you personally work? Can you get a WP? Your husband ... is he still studying? Or could he get a job with a WP?

mhunjn · Post by **mhunjn** » Wed May 31, 2006 1:35 pm

Is there anything in particular that is stopping you from getting your daughter educated in your own country? Is she actually studying in a boarding/private school in UK?...

adseeker wrote:We have a 11-year old daughter who has stayed here for four years and is going to start her secondary school this coming September. I can't go back to my home country for her sake.

adseeker · Post by **adseeker** » Wed May 31, 2006 5:42 pm

Thanks, Jeff, John and Mhunjn. I'm really grateful.
The reason for refusing my husband's visa extension is that he hasn't made satisfactory progress in his Ph.D study as he failed in his oral-defence and hence lost his degree. As far as I know, he has no chance to switch to any other categories except possibly visitor visa. As for me, I have no chance to switch to any other category as a dependent without leaving this country. And my daughter simply can't go back to my home country as she is already 11 years old and she doesn't speak,read or write a single word of the native language. She is technically product of British culture.

What I really want to find out is how much the negative effect of the refusal of my husband's visa will impose on my visa appliction or my daughter's?

Post by **John** » Wed May 31, 2006 6:42 pm

my daughter simply can't go back to my home country as she is already 11 years old and she doesn't speak,read or write a single word of the native language

Sorry to say none of that is a valid defence against overstaying on a visa.

And Adseeker, whilst I sympathise with you, nothing you have posted gives any indication of what sort of visa category you would apply for. Simply, do you have skills that are in short supply in the UK?

And your husband, same question ..... does he have skills that the UK needs?

What I really want to find out is how much the negative effect of the refusal of my husband's visa will impose on my visa application or my daughter's?

Your daughter cannot get a student visa to study at a state school. If for an independent school, are you able to afford that, if you and your husband are living back in your country? Which incidentally is where?

adseeker · Post by **adseeker** » Wed May 31, 2006 9:05 pm

I was teaching English at a college back in my home country-China. I'm sure everybody can do a better job than me in this country when it comes to teaching English. While my husband does have the skills this country needs as he was majoring in embeded system software and stuff, his chance to get a wp is slim cos he failed his degree.

To be honest, I'm more worried about my daughter than my husband: he can survive back in China and he can find a very decent job with his expertise in his field. It would be a totally different story to a 11-year old who would be eaten alive by her peers.

One of my plans is to get a MA degree offer from one of the universities her and go back to apply for a student visa which would allow my daughter stay here for a while.

My deepest fear would be I would never have chance to come back and then my daughter would have to go back to face a very bleak future.

Post by **John** » Wed May 31, 2006 10:24 pm

One of my plans is to get a MA degree offer from one of the universities here

If you can afford to do such a course then that sounds like your best option. That is, if you get a student visa then your family can come in as dependants.

adseeker · Post by **adseeker** » Wed May 31, 2006 11:04 pm

Thanks, John. You've been really helpful.

I know it will be risky, but it seems I've been left no alternatives. It's true that life could be a killer sometimes.

Anyway, it feels good to be able to discuss with people.

Jeff Albright · Post by **Jeff Albright** » Wed May 31, 2006 11:35 pm

From my Ph.D. experience it is exxxxxxtremely rare for someone to fail an oral examination. In fact, it is something that was totally unheard of at our university. You really have to try hard to fail.
It is also a part of your supervisor's responsibility to ensure you have a good project and a good thesis. You cannot go to your oral examination when your thesis is not ready or if you do not know the subject. You cannot even write your thesis if you do not know what you are doing. To fail you really have to do nothing for three years during your study and you would probably not be allowed to proceed to the following year if you do not perform satisfactorily.
Moreover, there is always a opportunity for you to re-take the examination if something is not quite right. It is not in your supervisor or your examiner's interests to fail you - they will help you in everything you feel short of.
Furthermore, the regular assessment during your Ph.D. study ensures you progress well enough.
I therefore find it hard to believe that this is what actually happened to your husband and whether or not he told you the truth... Sorry if I am wrong but what you say sounds really shocking to me... however, if this is something that happened I don't think there will be any basis for your husband to remain in the UK in the business or professional immigration categories...

mhunjn · Post by **mhunjn** » Thu Jun 01, 2006 8:05 am

Sorry to say, but this is not quite an excuse to justify your stay in this country. I find it difficult to belive that in four years your daughter has forgotten the language she learnt as a child. Moreover, it is your mistake that she can't read/write/speak your native language... this is a relativly unheard thing!

Considering that a lot of professionals want to move to China/Asia for better career prospects, you seem to be doing the opposite. Education in China would actually help your daughter to be successful later on in her professional life, not retard her.

adseeker wrote:And my daughter simply can't go back to my home country as she is already 11 years old and she doesn't speak,read or write a single word of the native language.

Post by **John** » Thu Jun 01, 2006 9:14 am

I find it difficult to belive that in four years your daughter has forgotten the language she learnt as a child.

I have to agree with that. My step-daughter, now 11, came to the UK five years ago, aged 6. She knew very little English on arrival but is now totally fluent.

But her knowledge of Thai? Every day she speaks Thai to her mother, my wife, and whilst it would need to be recognised that her Thai reading and writing is not at the level of an 11yo living in Thailand, nevertheless she is absolutely not dropping the language. We intend that she will take Thai GCSE at age 16.

And in my step-daughter's class at school in a Chinese girl, originating in Hong Kong, who moved to the UK at a very early age. Nevertheless her family send her to Chinese lessons every Saturday morning, to ensure that she is bi-lingual even at the age of 11.

So Adseeker, I think it is a great shame that your daughter seems to have lost any Chinese language ability.

RobinLondon · Post by **RobinLondon** » Thu Jun 01, 2006 9:37 am

Just as a side diversion...

Is there really a Thai GCSE? You might want to confirm if there is, but I'm guessing you may know much more about this than I.

http://www.aqa.org.uk/qual/gcse.html
http://en.wikipedia.org/wiki/GCSE

Post by **John** » Thu Jun 01, 2006 10:08 am

Robin, do appreciate that there is more than one examining board, and a single examining board does not necessarily do every subject.

But I do stand slightly corrected. Edexcel do a Thai GCE "O" Level (not a GCSE). I think the practical difference is that it is all exam-based rather than a combination of course work and exam.

But certainly there is an exam to take at circa age 16.

marianne001 · Post by **marianne001** » Mon Aug 14, 2006 4:53 pm

Any news on what has happened?
It's always hard to find out the latest developments....

johnboy096 · Post by **johnboy096** » Tue Mar 04, 2008 5:59 pm

marianne001 wrote:Any news on what has happened?
It's always hard to find out the latest developments....

Hi what happened next?

Or is this thread over?

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it is killing me, which way to go??????

it is killing me, which way to go??????

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