administrative review

[Advocat75]

Hello everybody I wish I anyone provide me about administrative review, I already submitted one for 15 days, because the decision based on I am not genuine student. while I paid more than tuition fee for university and reserved accommodation, and this is my second refuse through 10 days.
I wonder is there a chance for changing the refuse decision?

Yours Truly

Ayman

[Seneca]

They must have explain reasons why they think you are not genuine student. You then need to address those reasons each one thoroughly. Before you go for administrative review.

What are specific reasons they think you are not genuine student? and you say this is your second refusal in 10 days. Can you expand on that?

[Advocat75]

Regarding my Application for visa, I applied on 24/12/2014, I had a C.A.S indelicate I paid £ 2,000 and the remaining amount £ 2730 deposited in University Bank Barclay because the University was closed (Holiday Christmas) and I attached the confirmed received money. I got refuse decision on 06/01/2014.
I sent the decision to the University, they sent a new C.A.S and shoing all deposit amount wish paid, I applied a second application
and appointment on 08/01/2014 attached my documents for proofing all requirements including the first refuse.
the embassy called me to make another interview through phone next day, but they did not call, I called the Visa center and told them about the interview and they said you can come.
I went to Visa center and they said I can make interview throw Sky, I done the interview.
In the next day I received call from embassy to make an interview, they asked me some question and advise me wait decision.
the decision was Refuse as follow:
I am not satisfied that these answers demonstrate that you have fully researched colleges available your knowledge of your course despite your claimed research, is not reflective of genuine student
I refuse your application under Paragraph 245zv(k) of the immigration Rules.

I explain in my AR, there was misunderstanding in my answer and the clearance officer did not understand me because I am not Fluent in English and if I am not Genuine student why I applied two times and why I paid more than half tuition fee Specially I am working as a legal advisor More than 7 years in Gulf area and have a Job and a good salary and this program pre-sessional course for LLM law.

and finished my AR, about Professional Morality,witch refunds paid in the case of non-performance of the service.

[Seneca]

It seems to me like the ECO was asking you questions about the contents and syllabus of the course and general question about the college your intended to study. Evidently he was not satisfied with your answers. I don’t think money was an issue. I think they were happy that you can pay your way and they accept that your college was satisfy with you.

The issue as far as i can see was your failure to speak confidently and fluently about your course and college. And if that is the case you will need explains what went wrong in interview. May be you knew enough about your course and college but you were nervous on the day because reasons A, B and C or you were not feeling well physically or emotionally. Given the chance again you will be able to demonstrate confidently your knowledge about your course and college because now you are in good place mentally, physically and emotionally. It seems to me you can argue your case successful In AR. In meantime you will need to make sure you know all there is to know about you course and college just in case they call you for another interview.

Be careful not to argue too much on your lack of fluency in English because that can be used to refuse you on 245ZV(ca) ground. (Which state that the applicant must if required be able to demonstrate without assistance or an interpreter English language proficiency of a standard to be expected from an individual who has reached the standard specified in a confirmation of acceptance for studies.) http://www.ukba.homeoffice.gov.uk/polic ... /sty/sty2/

You can definitely construct powerful and convincing argument why this decision should be reversed. This doesn't seems to me to be insurmountable obstacle. Did you say you have in AR process?
If everything fail you can put new application.

[Advocat75]

I am so grateful for your concern, actually I am confuse in this time. what shall I do ?
Apply for my previous job again? Or apply for new visa in a different country? Or trying other options, anyhow I can’t do anything till I receive reply and I do not know when I will receive it and the result of it. Also notice that I have paid at least half of my tuition fees to university.

and I wish you show more clarification, what is the chance in AR?

please find the attached my AR.

Yours Truly

[Seneca]

Since you have already paid substantial amount to University, if AR is negative you can put in new application, may be for last time. But these choices are yours alone to make, because you alone know your own circumstances better than anybody else. Like you said yourself you have other options Canada, US, Australia, Job etc.

The chance of success in AR will depends very much on how convincing your are in your arguments and how sympathetically Reviewer will look on your case. Wait for the AR decision for now. Meanwhile try to look at all your options. The decision seems a little bit harsh. Good luck.

[Advocat75]

Sir, I Already attached my AR, and still wait your opinion.

[Seneca]

I have seen the attachment, the arguments could be presented a little bit better. May be couple of lines in the end were not necessary at this point. You could tell them that after conclusion of the process.

It is impossible to say what kind chance you have of success. But you still have a chance. How high or low no one can tell you. As i said before if decision is negative you can try new application or other alternatives. But i wish you success.

[Advocat75]

:
pleasant day, wish that fends you well & in good health, today they responded as follow:

(( You applied for entry clearance to the United Kingdom under Tier 4 (General) Student of the Points Based System. Your application failed to meet the qualifying criteria and was refused on 15/01/2014. Your request for Administrative Review was received by this office on 26/01/2014.


I have reviewed your application and I agree that the reasons for refusal are not justified. I have therefore arranged for your case to be re-assessed by another Entry Clearance Officer.
)).

what is the next step?

[Seneca]

Congratulations, The next step; another ECO will review and decide whether to grant you visa or not. I think you chance of positive outcome have somewhat improved. Another ECO will look at your application with all the original documents you have provided if satisfied s(he) will grant you visa or s(he) might invited you for another interview and make decision after that.

And so now it time to prepare yourself just in case your called for another interview. It seems to me there were minor points of contention (knowledge of your course and college) from previous ECO. This can be easily sorted out in another interview.

ECO will let you know whether s(he) has grant you or you should attend another interview. Prepare yourself.

[Advocat75]

thanks a lot, what does you mean Original Documents , should I submit a new Bank statement and new CAS from University ?
or
just my Original Passport ?

[Seneca]

No, you don't need to submit anything new for now or do anything. If they grant you they will contact you to request your passport or if they need new evidence they will tell you. New ECO will make decision on documents which they are already holding without bias or be influenced by last refusal. Since it was determined the reasons for refusal were unjustified. But it is possible for them to refuse on another new grounds.

On balance of probabilities you should come through, as they never questions your ability to finance your course. The fact that you have already paid substantial amount in accommodation and in course fees, that the course is natural progression in your career should work in your favour.

You can read more here on how the process work Annex C: Administrative Review (Entry Clearance Applications Only) near the bottom of the page
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[awaisi]

Hi guys My name is awais n I'm from Pakistan. I submitted my AR on 21oct2013 but still I'm waiting for ans. I got 40 points,my paper work was excellent .but eco refused my visa bcoz he do think I'm genuine student....he stated in refusal letter that why u applied only one college.if u r genuine student u should apply more colleges. Plz tell me wat to do? It's better that if I withdraw my case aur submit new application with fee.... Plz help me

[Seneca]

@awais, that refusal not does not seems to be based on sound reasoning. If that is the only reason then you have a very good chance to be successful in AR. Why do you want to withdraw? Ask them in writing when are they going to complete the review. In normal circumstances they should complete AR within 28 days if not they should notify you in writing as to when to expect the decision. Did you get that notification?

[Advocat75]

Dear,
Greetings, thanks for your concern,I had read about some of the experiences on A.R, says, IN SOME CASES they will request a refresh C.A.S,
I asked the university they said, the January program is closed and I can get a new C.A.S for April Program.

If the Embassy request a refresh C.A.S, is that will influence if I submit New C.A.S for April program ?

[shaq1]

Dear,
Greetings, thanks for your concern,I had read about some of the experiences on A.R, says, IN SOME CASES they will request a refresh C.A.S,
I asked the university they said, the January program is closed and I can get a new C.A.S for April Program.

If the Embassy request a refresh C.A.S, is that will influence if I submit New C.A.S for April program ?

If they ask for a new CAS they will send you a letter to apply for visa with the new CAS, so all you have to do is to show that letter to your Uni and they will issue you a new CAS for their next intake. It will not affect you to get your visa.

[awaisi]

@awais, that refusal not does not seems to be based on sound reasoning. If that is the only reason then you have a very good chance to be successful in AR. Why do you want to withdraw? Ask them in writing when are they going to complete the review. In normal circumstances they should complete AR within 28 days if not they should notify you in writing as to when to expect the decision. Did you get that notification?

Another reason is:
ECO stated: I asked you to outline the academic facilities at college and you stated ' qualified teachers'. This is generic response and could apply to almost all educational establishments in UK.it's reason able for me to expect a genuine student to have a good understanding of their colleges academic facilities as these can determine the quality of the study experience.you failed to undertake this basic research...

This statement is totally wrong bcoz I didn't give this ans to eco.
I m shocked when I read my refusal letter....
I didn't receive any notification from embassy.I emailed to bhc 3,4 times but they didn't respond me.

[Seneca]

Another reason is:
ECO stated: I asked you to outline the academic facilities at college and you stated ' qualified teachers'. This is generic response and could apply to almost all educational establishments in UK.it's reason able for me to expect a genuine student to have a good understanding of their colleges academic facilities as these can determine the quality of the study experience.you failed to undertake this basic research...

This statement is totally wrong bcoz I didn't give this ans to eco.
I m shocked when I read my refusal letter....
I didn't receive any notification from embassy.I emailed to bhc 3,4 times but they didn't respond me[/list].

That reason in my opinion is not enough to refuse. But i am not familiar with Pakistan ECO intricacies and application process, it seems to me to be very tough to negotiate it successful, Others with experience may be able to shed some light or share their experience...

[awaisi]

Thanx for replying me...
I dnt know how much time they needed to respond.I m worried about my career .bcoz I already wasted 4 months.plz pray for me plz...

[Advocat75]

Greetings,
7 days ago, I received response for A.R, nothing happened until now. Additionally I waited one month before for getting respond.
could you tell me when I expect they will be re-assessed or what can I do now Please?

[Seneca]

@Advocat75 , i think they are dealing with your application at the moment. The new ECO will need to time to consider all the facts. Didn't they give you idea about when they will complete the process. You can send them courtesy email / letter asking them when the will finish the process. I reckon you should hear from them within 28 days from date when new ECO started to look on your file.

[Seneca]

Thanx for replying me...
I dnt know how much time they needed to respond.I m worried about my career .bcoz I already wasted 4 months.plz pray for me plz...

Write to them letters and emails stressing the importance of quick reply. Tell them how the delay is affecting your life and career progress. How crucial you need to hear from them asap.

[Advocat75]

Dear Seneca,
Greetings, wish this finds you well, Regarding my visa’s problem, today I received call from visa center they said the UK Embassy requested arrange interview next sunday.
I hope you advise me why interviewagain after A.R succeed?
what I expect question?
what shall I say ?

Thanks

[Seneca]

You were indeed successful in your appeal regarding reasons for your previous refusal. The results of AR was your application need to be looked at by another ECO. This new ECO has decided to interview you before making decision whether to grants you visa or not.

[Advocat75]

You were indeed successful in your appeal regarding reasons for your previous refusal. The results of AR was your application need to be looked at by another ECO. This new ECO has decided to interview you before making decision whether to grants you visa or not.

they did not request my passport or refresh C.A.S , just request coming for interview.
what shall I say to proof Genuine student if he ask me :
why you had chosen to study English as a mature student?
what benefit your chosen course would have?
Why you choose this program?
is there any program English in you country ?