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Very Strange Refusal !!!!

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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ashar_rizvi
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Very Strange Refusal !!!!

Post by ashar_rizvi » Wed Feb 06, 2013 12:12 am

Hello Dear all
I came to UK for MBA course on 26th January 2011 with a Visa till 30 August 2012. I finished my MBA and decided to study further and took admission in another course. Due to late arrival of documents from University, I made the application for visa extension on the last date of my visa expiring i.e 30 August (I have the special delivery receipt).

I have been through the biometric process etc. Today, I received a reply after so many months from home office that my visa application has been refused. But the strange thing is that they have retained my documents and asked me to contact the local Enforcement officer of UKBA with 10 days for my removal from this country. I am not serprised about the refusal of visa but why do I get the impression that they are treating me as an illegal or over stayed immigrant.

In my knowledge, the reply should have been a refusal letter with my documents returned to me asking me to leave the country within 28 days. Now, I have the following questions, please if some one can answer them so I know what I need to do. I want to go back to my country but not as an illegal or over stayed person becuase I am not. I will really appreciate the answers to the following questions. thanks in advance..

Question1: How many days do I have left that I can lagally leave the country?
Question2: Any one knows the reason why I was sent such a reply.
Question3: If they are treating me as illegal immigrant or over stayer, then what shall I do? i.e make an appeal against this or just leave the country?
Question4: Why have I been asked to contact the enforcement offcier?
Question5: Why UKBA has retained my documents.

I will really appreciate quick ansers. Thank you.

Greenie
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Post by Greenie » Wed Feb 06, 2013 8:46 am

Does the refusal letter say you have a right of appeal?
What does it state about the date you applied on the letter?

ashar_rizvi
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Post by ashar_rizvi » Wed Feb 06, 2013 2:42 pm

Greenie wrote:Does the refusal letter say you have a right of appeal?
What does it state about the date you applied on the letter?
Yes it says I have right to appeal and the date on letter is 29 jan. But it also says that my documents are retained by ukba and I hv to call local enforcement officer regarding my documents

ashar_rizvi
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Post by ashar_rizvi » Wed Feb 06, 2013 2:45 pm

Yes it says that i have the right of appeal. It does not comment on the date i applied.

Greenie
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Post by Greenie » Wed Feb 06, 2013 7:33 pm

If you have a right of appeal then you are not being treated as an overstayer it is common practice at the moment for documents to be retained even when there is an appeal. The refusal letter should say near the beginning the date you applied.

rzmi
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Post by rzmi » Wed Feb 06, 2013 9:38 pm

what reason they gave for refusal

ashar_rizvi
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Post by ashar_rizvi » Wed Feb 06, 2013 10:45 pm

Greenie wrote:If you have a right of appeal then you are not being treated as an overstayer it is common practice at the moment for documents to be retained even when there is an appeal. The refusal letter should say near the beginning the date you applied.
Yes I just checked they said my application date is 30th of august 2012

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bruteforce
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Post by bruteforce » Thu Feb 07, 2013 7:07 am

ashar_rizvi wrote:
Greenie wrote:If you have a right of appeal then you are not being treated as an overstayer it is common practice at the moment for documents to be retained even when there is an appeal. The refusal letter should say near the beginning the date you applied.
Yes I just checked they said my application date is 30th of august 2012
I think you should not waste the opportunity to appeal against the decision if you think there are any grounds. Otherwise there is no harm in contacting the enforcement team. They will not just detain you and send you back home if you inform them of your intentions of either a court appeal or your travel itnerary.

Deviser
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Re: Very Strange Refusal !!!!

Post by Deviser » Thu Feb 07, 2013 8:54 am

ashar_rizvi wrote: Question1: How many days do I have left that I can lagally leave the country?
If you go for appeal than time will go upto decision. Otherwise you must follow the UKBA instructions in letter.
ashar_rizvi wrote: Question2: Any one knows the reason why I was sent such a reply.
This is usual reply to almost all unsuccessful student visa applicant.
ashar_rizvi wrote: Question3: If they are treating me as illegal immigrant or over stayer, then what shall I do? i.e make an appeal against this or just leave the country?
UKBA is not treating you as illegal immigrant or over-stayer. They are just acting on grounds that 'you should not be in UK anymore coz you dont have permission to do so'.
ashar_rizvi wrote: Question4: Why have I been asked to contact the enforcement offcier?
Just as a proceedure. I think when you contact, you will be asked to attend a meeting to your nearest enforcement center to sign some documents and show your return plan/ticket. If you decide to leave you they will return your passport at airport departure lounge as per you ticket date.
ashar_rizvi wrote: Question5: Why UKBA has retained my documents.
Coz now a days, when they get their documents back after refusal, most of student decide to stay in UK illegally, rather than leaving UK or going any expensive appeal / judicial review process. So UKBA just keep all documents to feel them unsecure which usually force them to leave UK asap.

ashar_rizvi
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Post by ashar_rizvi » Thu Feb 07, 2013 5:23 pm

bruteforce wrote:
ashar_rizvi wrote:
Greenie wrote:If you have a right of appeal then you are not being treated as an overstayer it is common practice at the moment for documents to be retained even when there is an appeal. The refusal letter should say near the beginning the date you applied.
Yes I just checked they said my application date is 30th of august 2012
I think you should not waste the opportunity to appeal against the decision if you think there are any grounds. Otherwise there is no harm in contacting the enforcement team. They will not just detain you and send you back home if you inform them of your intentions of either a court appeal or your travel itnerary.
Well ukba has mentioned a landline number on the letter saying that if u do not want to appeal call local enforcement odficer on the given number within 10 days of refusal letter. I called there but the person who picked up phone after 2 days continous try said that this is not a local enforcement officer's number and he said he cant help me in this regard. Now the time is passing quick. What should I do if the number mentioned on the letter is wrong.

k77
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Post by k77 » Fri Feb 22, 2013 12:48 am

If they have given you the right of appeal,contact a good solicitor and lodge an appeal.

esic_sonia
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Re: Very Strange Refusal !!!!

Post by esic_sonia » Fri Feb 22, 2013 1:57 pm

ashar_rizvi wrote:Hello Dear all
I came to UK for MBA course on 26th January 2011 with a Visa till 30 August 2012. I finished my MBA and decided to study further and took admission in another course. Due to late arrival of documents from University, I made the application for visa extension on the last date of my visa expiring i.e 30 August (I have the special delivery receipt).

I have been through the biometric process etc. Today, I received a reply after so many months from home office that my visa application has been refused. But the strange thing is that they have retained my documents and asked me to contact the local Enforcement officer of UKBA with 10 days for my removal from this country. I am not serprised about the refusal of visa but why do I get the impression that they are treating me as an illegal or over stayed immigrant.

In my knowledge, the reply should have been a refusal letter with my documents returned to me asking me to leave the country within 28 days. Now, I have the following questions, please if some one can answer them so I know what I need to do. I want to go back to my country but not as an illegal or over stayed person becuase I am not. I will really appreciate the answers to the following questions. thanks in advance..

Question1: How many days do I have left that I can lagally leave the country?
Question2: Any one knows the reason why I was sent such a reply.
Question3: If they are treating me as illegal immigrant or over stayer, then what shall I do? i.e make an appeal against this or just leave the country?
Question4: Why have I been asked to contact the enforcement offcier?
Question5: Why UKBA has retained my documents.

I will really appreciate quick ansers. Thank you.
Hi Mr. Rizvi,

Do you have any family member (up to first cousin) who is an EU citizen? (except UK, Bulgaria and Romania). If yes, then you can get EEA Family Permit (which will give you 5 years working visa and then ILR straight away.

By the way, you have to go through that appeal process. Once your appeal is rejected, then you have to leave this country (but there is still one ray of light)

You will only get 60 days letter if your sponsor's license is revoked or they withdraw your application (Tier 4 and Tier 2 respectively)
------ In recruitment & consultancy business for more than 5 years. I only provide advice with first hand information. Please do not take my advice in legal perspective. For find more about venture capital investment, kindly contact me ------

Greenie
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Re: Very Strange Refusal !!!!

Post by Greenie » Fri Feb 22, 2013 7:54 pm

.

Hi Mr. Rizvi,

Do you have any family member (up to first cousin) who is an EU citizen? (except UK, Bulgaria and Romania). If yes, then you can get EEA Family Permit (which will give you 5 years working visa and then ILR straight away.
Why do you keep trying to push people to apply as an Eea extended family member who have made no mention of this in their thread? Why are you also giving the impression that all that is required is to have an Eea cousin, and no mention of being dependent or a member of their household? Also ilr has nothing to do with the Eea regulations.

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