Result of Admin Review-rejected. what to do next?so unfair..

[goodssb]

Hi all,

I applied for Tier 1 general on 9 Dec and got reply today. I claimed 35 points in Qualification section (not UK experience section) for my master degree in the UK. I was not awarded points in this section because they say my master degree is over 5 years ago. I know that in order to claim 5 points for UK experience, my study in the UK should be within 5 years, but I did not see this 5-year rule applies to Qualification section as well. I have phoned UK HO, qualifications do not expire. and I used the online PBS calculator, selected my qualification from the database and I was awarded 35 points for my master degree. So I submitted Admin Review and here is the result.

ECM Comment: This has been correctly assessed by ECO. The UK (Master of Accounting and Finance) qualification was obtained more than 5 years prior to the receipt of the visa application and therefore this application does not meet the criteria that the qualification should have been awarded no more than 5 years prior to the date of application for this visa.

This is such bullshit! So what to do now? I am afraid if I reapply, the result would be the same, coz its the same stupid people reviewing my application. I am wondering if I can make appeal in the UK or any other options? Need help on this problem...

[ursbunti]

Hi
Sori to listen this but this is strange.
I m surprised as they did not mention this rule/thing in the guidance but only for UK (study) experience point of view.

Plz seniors can u comments on this as its important issue for the new applicants.
Dear Ramesh, vks and other respected seniors! can u plz comment.

Kind Regards,

[dima]

Hi all,

I applied for Tier 1 general on 9 Dec and got reply today. I claimed 35 points in Qualification section (not UK experience section) for my master degree in the UK. I was not awarded points in this section because they say my master degree is over 5 years ago. I know that in order to claim 5 points for UK experience, my study in the UK should be within 5 years, but I did not see this 5-year rule applies to Qualification section as well. I have phoned UK HO, qualifications do not expire. and I used the online PBS calculator, selected my qualification from the database and I was awarded 35 points for my master degree. So I submitted Admin Review and here is the result.

ECM Comment: This has been correctly assessed by ECO. The UK (Master of Accounting and Finance) qualification was obtained more than 5 years prior to the receipt of the visa application and therefore this application does not meet the criteria that the qualification should have been awarded no more than 5 years prior to the date of application for this visa.

This is such bullshit! So what to do now? I am afraid if I reapply, the result would be the same, coz its the same stupid people reviewing my application. I am wondering if I can make appeal in the UK or any other options? Need help on this problem...

Sorry to hear what has happenend. I also feel, that its your responsibility to read the guidlines completely beofre applying in. ECO is just doing his/her job as per the Immigration guidelines and no point in blaming them. I don see any chances of you winning the appeal either as the 5 year rule which you have missed while applying will come in to picture in all your future inquiries.

[ursbunti]

hi dima
i have checked this and this is not a rule.
if u vl put the qualification upto 10 years back it gives u points.
but why ECO has refused.
it is totally unfair.
it is rule if u wanna claim points for uk study experience.
I m dead sure it is nt rule for quailfication pionts. I just checked putting qualifcation upto 20 years back n it is giving u 35 points.
I think appeal in the UK courts must be logged in. It may cost but if rule is not published regarding this, chances may be there.

[goodssb]

Hi all,

I applied for Tier 1 general on 9 Dec and got reply today. I claimed 35 points in Qualification section (not UK experience section) for my master degree in the UK. I was not awarded points in this section because they say my master degree is over 5 years ago. I know that in order to claim 5 points for UK experience, my study in the UK should be within 5 years, but I did not see this 5-year rule applies to Qualification section as well. I have phoned UK HO, qualifications do not expire. and I used the online PBS calculator, selected my qualification from the database and I was awarded 35 points for my master degree. So I submitted Admin Review and here is the result.

ECM Comment: This has been correctly assessed by ECO. The UK (Master of Accounting and Finance) qualification was obtained more than 5 years prior to the receipt of the visa application and therefore this application does not meet the criteria that the qualification should have been awarded no more than 5 years prior to the date of application for this visa.

This is such bullshit! So what to do now? I am afraid if I reapply, the result would be the same, coz its the same stupid people reviewing my application. I am wondering if I can make appeal in the UK or any other options? Need help on this problem...

Sorry to hear what has happenend. I also feel, that its your complete responsibility to read the guidlines completely beofre applying in. ECO is just doing his/her job as per the Immigration guidelines and no point in blaming them. I don see any chances of you winning the appeal either as the 5 year rule which you have missed while applying will come in to picture in all your future inquiries.

Thank you for your reply. The thing is that I have read the guidlines prior to my application. Tier 1 (General) Policy Guidance, Appendix A of the Immigration Rules regarding Tier 1 (General) state no requirements on when the qualification is awarded in order to claim relevant points in Qualifications section (not UK Experience section).

[goodssb]

hi dima
i have checked this and this is not a rule.
if u vl put the qualification upto 10 years back it gives u points.
but why ECO has refused.
it is totally unfair.
it is rule if u wanna claim points for uk study experience.
I m dead sure it is nt rule for quailfication pionts. I just checked putting qualifcation upto 20 years back n it is giving u 35 points.
I think appeal in the UK courts must be logged in. It may cost but if rule is not published regarding this, chances may be there.

I agree with you. I understand the 5 –year rule only applies to UK experience section, not for the qualification.

BTW, if the 5 year rule applies to qualification, this means that so many people who are holding t1 general visa will not be qualified to extend their visas.

[ursbunti]

1st of all send email to ukba n get confirmation that this rule only applies to Uk study experience then apply as a fresh applicant and attach their reply with your application.
It can work.

[dima]

hi dima
i have checked this and this is not a rule.
if u vl put the qualification upto 10 years back it gives u points.
but why ECO has refused.
it is totally unfair.
it is rule if u wanna claim points for uk study experience.
I m dead sure it is nt rule for quailfication pionts. I just checked putting qualifcation upto 20 years back n it is giving u 35 points.
I think appeal in the UK courts must be logged in. It may cost but if rule is not published regarding this, chances may be there.

I agree with you. I understand the 5 –year rule only applies to UK experience section, not for the qualification.

BTW, if the 5 year rule applies to qualification, this means that so many people who are holding t1 general visa will not be qualified to extend their visas.

can you pls check this link.
http://www.bia.homeoffice.gov.uk/policy ... appendixa/
Pont 27 (b) it clearly says
b) the qualification was awarded no more than 5 years before the application was made.
Anyways good luck!!

[ursbunti]

Dear Dima
U r not getting me.
But he is not claiming points for UK expereice.
the rule 27 (b) is only for if u wanna claim points for Uk expereince.
He is only claiming points for qualification (35 Points) not for UK experience (5Pints). the rule says
27. Points will only be awarded for UK experience in respect of qualifications obtained in the UK if:

(a) (i) the qualification is a Bachelor's or Master's degree or a PhD, and is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK, or

(ii) the qualification is a vocational or professional qualification and is deemed by the appropriate UK professional body to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK,

(b) the qualification was awarded no more than 5 years before the application was made, and

(c) at least 1 academic year, or 3 consecutive terms, of the course that led to the qualification involved full-time study in the UK.


How can u think that qualification gets expired.
The victim is saying right that if qualification gets expired then it maens all the HSMP or T1 applicant can not get through.
Kind Regards

[aruni4470]

hi dima
i have checked this and this is not a rule.
if u vl put the qualification upto 10 years back it gives u points.
but why ECO has refused.
it is totally unfair.
it is rule if u wanna claim points for uk study experience.
I m dead sure it is nt rule for quailfication pionts. I just checked putting qualifcation upto 20 years back n it is giving u 35 points.
I think appeal in the UK courts must be logged in. It may cost but if rule is not published regarding this, chances may be there.

I agree with you. I understand the 5 –year rule only applies to UK experience section, not for the qualification.

BTW, if the 5 year rule applies to qualification, this means that so many people who are holding t1 general visa will not be qualified to extend their visas.

can you pls check this link.
http://www.bia.homeoffice.gov.uk/policy ... appendixa/
Pont 27 (b) it clearly says
b) the qualification was awarded no more than 5 years before the application was made.
Anyways good luck!!

Dima, you are missing the point what goodssb is trying to make.

His application was rejected the reason being, he claimed points with a qualification that was awarded 5 years back. But, there is no such rule for the 'Qualifications' attribute.

The link you provided is for the attribute 'UK Experience'

[goodssb]

hi dima
i have checked this and this is not a rule.
if u vl put the qualification upto 10 years back it gives u points.
but why ECO has refused.
it is totally unfair.
it is rule if u wanna claim points for uk study experience.
I m dead sure it is nt rule for quailfication pionts. I just checked putting qualifcation upto 20 years back n it is giving u 35 points.
I think appeal in the UK courts must be logged in. It may cost but if rule is not published regarding this, chances may be there.

I agree with you. I understand the 5 –year rule only applies to UK experience section, not for the qualification.

BTW, if the 5 year rule applies to qualification, this means that so many people who are holding t1 general visa will not be qualified to extend their visas.

can you pls check this link.
http://www.bia.homeoffice.gov.uk/policy ... appendixa/
Pont 27 (b) it clearly says
b) the qualification was awarded no more than 5 years before the application was made.
Anyways good luck!!

hi dima,
point 27 is for "UK Experience: notes", not for "Qualification". Please check point 4-7, "Qualification: notes", it does not state the 5 year rule of degrees. I was refused to award 35 points for "Qualification", not 5 points for "UK Experience"

[ursbunti]

dear ssb
In which country BHC u have applied?
Can u send the rules copy to ECM with reference of ur applicantion. I think u can apply for review only once.
ECM totally unaware of the rule.
U can explain this to him/her and they may consider you.
Get the copy of guidance note page and ukba website link with expalination.
May be this can work

[goodssb]

1st of all send email to ukba n get confirmation that this rule only applies to Uk study experience then apply as a fresh applicant and attach their reply with your application.
It can work.

Thanks. I just sent them email inquiry. My concern is that if I reapply, i have to go back to my home country and wait for another 1-2months, which is not very applicable, coz I am working now in the UK. and also, I am afraid the result could be the same.

So I am wondering the best shot for me is probably to make an appeal inside UK . But I m not sure how to do that.

[dima]

hi dima
i have checked this and this is not a rule.
if u vl put the qualification upto 10 years back it gives u points.
but why ECO has refused.
it is totally unfair.
it is rule if u wanna claim points for uk study experience.
I m dead sure it is nt rule for quailfication pionts. I just checked putting qualifcation upto 20 years back n it is giving u 35 points.
I think appeal in the UK courts must be logged in. It may cost but if rule is not published regarding this, chances may be there.

I agree with you. I understand the 5 –year rule only applies to UK experience section, not for the qualification.

BTW, if the 5 year rule applies to qualification, this means that so many people who are holding t1 general visa will not be qualified to extend their visas.

can you pls check this link.
http://www.bia.homeoffice.gov.uk/policy ... appendixa/
Pont 27 (b) it clearly says
b) the qualification was awarded no more than 5 years before the application was made.
Anyways good luck!!

hi dima,
point 27 is for "UK Experience: notes", not for "Qualification". Please check point 4-7, "Qualification: notes", it does not state the 5 year rule of degrees. I was refused to award 35 points for "Qualification", not 5 points for "UK Experience"

I presume, is there any link between these Two? I mean If you are claiming for UK exp, they also consider your UK qualifications and 5 year threashold?
I had seen in some post, an applicant was told by his immi solicitor that his UK qualification needs to be with in 5 yrs. May be you ca try searching that post.

[goodssb]

dear ssb
In which country BHC u have applied?
Can u send the rules copy to ECM with reference of ur applicantion. I think u can apply for review only once.
ECM totally unaware of the rule.
U can explain this to him/her and they may consider you.
Get the copy of guidance note page and ukba website link with expalination.
May be this can work

I applied from shanghai, China. You are correct, since I have made review already, so I lost my chance.

[goodssb]

I agree with you. I understand the 5 –year rule only applies to UK experience section, not for the qualification.

BTW, if the 5 year rule applies to qualification, this means that so many people who are holding t1 general visa will not be qualified to extend their visas.

can you pls check this link.
http://www.bia.homeoffice.gov.uk/policy ... appendixa/
Pont 27 (b) it clearly says
b) the qualification was awarded no more than 5 years before the application was made.
Anyways good luck!!

hi dima,
point 27 is for "UK Experience: notes", not for "Qualification". Please check point 4-7, "Qualification: notes", it does not state the 5 year rule of degrees. I was refused to award 35 points for "Qualification", not 5 points for "UK Experience"

I presume, is there any link between these Two? I mean If you are claiming for UK exp, they also consider your UK qualifications and 5 year threashold?
I had seen in some post, an applicant was told by his immi solicitor that his UK qualification needs to be with in 5 yrs. May be you ca try searching that post.

Dear dima,
I used my UK working experience to claim the 5 points under "UK Experience", so there is no qualification involved in my case.

[dima]

Dear Dima
U r not getting me.
But he is not claiming points for UK expereice.
the rule 27 (b) is only for if u wanna claim points for Uk expereince.
He is only claiming points for qualification (35 Points) not for UK experience (5Pints). the rule says
27. Points will only be awarded for UK experience in respect of qualifications obtained in the UK if:

(a) (i) the qualification is a Bachelor's or Master's degree or a PhD, and is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK, or

(ii) the qualification is a vocational or professional qualification and is deemed by the appropriate UK professional body to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK,

(b) the qualification was awarded no more than 5 years before the application was made, and

(c) at least 1 academic year, or 3 consecutive terms, of the course that led to the qualification involved full-time study in the UK.


How can u think that qualification gets expired.
The victim is saying right that if qualification gets expired then it maens all the HSMP or T1 applicant can not get through.
Kind Regards

!!!!..Hey ECO thought so as per guidelines not me.. lol...

[ursbunti]

then u can apply as a fresh and mention clearly that u r only claiming points for qualification not UK Study experience. If u r in UK and wanna claim points for UK experience then claim on the basis of previous earnings.
To hire solicitor is good option as well. They would guide u how to appeal.

[goodssb]

then u can apply as a fresh and mention clearly that u r only claiming points for qualification not UK Study experience. If u r in UK and wanna claim points for UK experience then claim on the basis of previous earnings.
To hire solicitor is good option as well. They would guide u how to appeal.

Cheers, ursbunti. Hiring a solicitor is def an option. I will look into it.

[dima]

can you pls check this link.
http://www.bia.homeoffice.gov.uk/policy ... appendixa/
Pont 27 (b) it clearly says
b) the qualification was awarded no more than 5 years before the application was made.
Anyways good luck!!

hi dima,
point 27 is for "UK Experience: notes", not for "Qualification". Please check point 4-7, "Qualification: notes", it does not state the 5 year rule of degrees. I was refused to award 35 points for "Qualification", not 5 points for "UK Experience"

I presume, is there any link between these Two? I mean If you are claiming for UK exp, they also consider your UK qualifications and 5 year threashold?
I had seen in some post, an applicant was told by his immi solicitor that his UK qualification needs to be with in 5 yrs. May be you ca try searching that post.

Dear dima,
I used my UK working experience to claim the 5 points under "UK Experience", so there is no qualification involved in my case.

If the masters qualification (35 pints) which you are claiming is from UK then I feel, they may be interlinked. You can take assistence from immi solicitor or may be you can try contacting BHC from your home country.

[goodssb]

hi dima,
point 27 is for "UK Experience: notes", not for "Qualification". Please check point 4-7, "Qualification: notes", it does not state the 5 year rule of degrees. I was refused to award 35 points for "Qualification", not 5 points for "UK Experience"

I presume, is there any link between these Two? I mean If you are claiming for UK exp, they also consider your UK qualifications and 5 year threashold?
I had seen in some post, an applicant was told by his immi solicitor that his UK qualification needs to be with in 5 yrs. May be you ca try searching that post.

Dear dima,
I used my UK working experience to claim the 5 points under "UK Experience", so there is no qualification involved in my case.

If the masters qualification (35 pints) which you are claiming is from UK then I feel, they may be interlinked. You can take assistence from immi solicitor or may be you can try contacting BHC from your home country.

If this is the case, how come the PBS calculator awards me 35 points, i selected my degree from the database, not input by myself.