Visa Rejected.Think I have a case but "out of time"

[thelak]

My gf just got rejected for her Tier 4 application. She has been here on a previous student visa to study but was applying for new tier 4 to study masters at a new institution.

She was given the 30 points for Visa Letter but was not given 10 points for maintenance....why?

Well she only showed enough for £1600 (2 months maintenance) because the T4 guidance states that if you have studied a UK course at least 6mths finishing within last 4mths you only need to show 2mths maintenance instead of full £7200.

Visa was rejected because she didnt provide evidence of having completed a course in the UK.

Now 1) we read through the T4 guidance and where it states you can show lower maintenance if you have studied, it makes no mention of providing evidence of these studies if not required in the Visa letter (but is quite clear about other evidence needed which she provided)
2) Her Uni (which is approved) told her she did not need to provide evidence of having completed past course because the HO themselves had given her a previous visa running to Oct 09. i.e. they themselves would have on record that they had approved her to stay for a course finishing within 4months of the new T4 visa application.

Anyway....now it has been rejected because she didnt provide that evidence and so should have shown £7200....

So she now has put £7200 in her account and has got evidence from previous course to show she completed her studies in Sept 09. Meaning if she had applied today she would have been granted visa....She also has a letter from her uni saying they advised her that she didnt need evidence of her previous course as it was not a Visa letter requirement and the HO should have their records showing they granted her a previous student visa to oct09

So she has 10days to appeal or apparently she can make an "out of time" application i.e. new application as her leave expired on 31 Oct

Does anyone have any advice whether

1) It is better to appeal or make a new application? would you not need to explain why you are making an "out of time" application anyway if reapplying?
2) How expensive is it to appeal? Are paper appeals successful...i.e. if we provide new bank statements showing £7200 and the evidence of previous studies or is it better to have a hearing?
3) Can you appeal and re-apply "out of time" at the same time?
4) are you even allowed to reapply whilst you still have the option of making an appeal

Her fear is that a long appeals process would drag on whilst all she wants to do is get on with her studies.

Really appreciate any advice on this

[flourish]

in country appeal takes approximately 8 weeks. Pls note that while your appeal is on your status as student does not change until the outcome of the appeal.Addresse the issued raised on the refusal letter and provide all evidences.

[flourish]

appeal is free

[waqas734]

hey what have u done....cuz i am in the same situation as u and my hearing is on 6 jan and my course will finish in sept 210.

please reply whatever is the outcome of you appeal is

thanks

[prattbimbo]

the question i want to ask u this:
has she started the course already or she is about to start the new MA course.. secondly did she not iclude her certificates or transcript or any type of letter in which she used to obatin the offer from the uni who gave her a visa letter... cos if she included like a letter saying she graduated from soo and soo uni then u have a case.