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Student Dependant Visa Refusal, please help, really stressed

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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kim989
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Posts: 4
Joined: Tue Jan 12, 2010 8:38 am

Student Dependant Visa Refusal, please help, really stressed

Post by kim989 » Sat Aug 21, 2010 11:11 pm

Hi guys, i've been living here for the past 8 years. and just a few weeks back my dad got his student visa. and with him, my mom and brother (11) got dependent visa. i am currently 19 and just finished my alevels in june. last year when i was 18 we had a visa renewal for around 15 months, so my dad applied for me using the FLR(O) form, i got the visa too, all was ok, but now beginning june, we applied for an extension, dad applied using the PBS dependent form and him, mom and litle brother all got in through the same form and are ok. my application was sent in with them too. a few days later they got their biometric letters, but i didn't, they went to their biometrics on, i think around, 16th july. and on 18th i got my letter saying that it was invalid due to the wrong form was sent. i got really scared. after meeting lawyers, getting the PBS dependent forms, i finally sent it off at 25th july. 3rd august they all got their visas. soon got my biometrics and went on the earliest date available. and a week after that i got another letter and was shocked, extremely shocked that i got refused again. the reason was that i hadn't provided a bank statement for me or my dad's. and so here i am, 2 days later, extremely worried and scared, because i've been living here for 8 years and in canada for 4 and in belgium for 2 years before that. we finally decided to settle in uk, so we could get good education. i do have family back home, but don't really know them, not that close, i live with my parents here and don't know what to do, they've all been worried to death for me too.

in that letter, at the bottom, it said that i have approx 9 days left to leave, 7 remaining now, i don't know where on earth i would go. i have a clean record, clean driving license, don't have any criminal offense, got good reference from all teachers and people, but i can't deal with this, i'm freaking out.

my dad has a friend who knows about visas a bit, and upon reading the letter, he assured me that i might have a chance still. first of all, dad's original bank statement was sent in together with all of our forms, and his documents didn't come back up till 7th august, so there was no way i could have sent in that statement. second was that the person i'm dependant on (dad) got his visa issued on the 3rd august and my visa was refused on 18th august while my biometrics was on the 8th august. for that reason they should have given me the visa, but that problem was caused because of different caseworkers working on the case. on the first time, it was someone else and for mine it was someone else, so they should have checked that too. he also said that since i applied as the dependant of the main applicant, they should have kept an eye out for the main applicants visas and i gave all the reference number in too.

me and dad are meeting with a lawyer on monday to discuss the best possible way for us now. that was also an option for making a new application with new fee, if we want to give any supported evidence on which the decision was based upon. so basically applying again and sending them 500 again. i'm not really bothered about the 500 i lost already (should have been 80 with the correct form), but i really want that visa, even if they want me to make a new application with another 500. this visa has cost me too much already, and i hope this doesn't go to waste either. dads friend is saying they've been too strict and unjustly refused your visa.

so please guys, tell me, am i in trouble? will i be deported? or do i actually have a chance of obtaining a valid legal visa? thanks a lot guys, i'm very worried and scared right now, kinda depressed too. hope you expert guys can give me some good advice. plz help


p.s: i don't have a right to appeal because my application (2nd) was made after the end period of my stay. we were planning to fight the wrong form case thing, but if i just get this visa, i'd drop that.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Aug 22, 2010 3:01 am

Student or student dependant isn't a path to settlement.
An chéad stad eile Stáisiún Uí Chonghaile....

vinny
Moderator
Posts: 32939
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Aug 22, 2010 3:22 am

Wanderer wrote:Student or student dependant isn't a path to settlement.
Except under long residence. So, you may also want to fight your earlier refusals, to maintain your lawful continuous residence status.

The following may help with stress:

Smile; relax; be patient.

Sound and Peaceful Sleep.
Last edited by vinny on Sun Feb 24, 2013 12:37 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kim989
Newly Registered
Posts: 4
Joined: Tue Jan 12, 2010 8:38 am

Post by kim989 » Sun Aug 22, 2010 5:28 pm

can anyone please answer? plz, im' really worried. thanks

wabuthu
Junior Member
Posts: 55
Joined: Sun Jul 04, 2010 12:32 am

Post by wabuthu » Mon Aug 23, 2010 12:53 am

kim989 wrote:can anyone please answer? plz, im' really worried. thanks
i have sent you a PM
i'm not a professional, i'm just giving responses from personal experiences or from ukba or ukcisa links that appear appropriate to the situation. currently on PSW visa

falak123
Newly Registered
Posts: 6
Joined: Fri Aug 13, 2010 10:12 pm

Judicial Review

Post by falak123 » Mon Aug 23, 2010 6:34 pm

You should seek legal advise to go for Judicial Review. Until the Home Office is gonna learn a lesson it would continue playing with students life. that is the only best way to deal with it and to get the Home Office to do thier job.

Good Luck

kim989
Newly Registered
Posts: 4
Joined: Tue Jan 12, 2010 8:38 am

thanks

Post by kim989 » Wed Aug 25, 2010 2:43 pm

thanks very much guys, you guys have given me hope, i thank you for that. so it seems like the HO is messing around quite a lot with students, a friend of mine was saying the exact same thing, that they give em visa, take all their money and ask them to leave. I went to see the lawyer and she got quite furious and that they're being extremely silly/unreasonable. she has contacted the local MP now and she is fighting this case for us now. she had filed for a review and an appeal. we will know the answer in about 4 weeks. Thanks for your support guys, lets hope for the best.

vinny
Moderator
Posts: 32939
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Aug 26, 2010 5:36 am

Good luck!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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