VISA REFUSAL!!!

[jev]

Hi there… my partner today got a response from the home office for a student visa extension and it reads….

“You are a person not specified in Appendix 1 to the rules and you have been accepted for a course of study below degree level. In view of the fact that you last entered the UK with entry clearance as a working holidaymaker, the secretary of state is not satisfied that you were last admitted to the UK in possession of a valid student entry clearance, or a valid prospective entry clearance.

You made an application on the 03 October 2005. However, your leave to remain expired on 30 September 2005. You therefore did not have leave to remain at the time of your application.

There is no right of appeal against this decision.

You have no right to stay in the UK so are liable to be removed. You must leave as soon as possible”


1. My misunderstandings: “You are a person not specified in Appendix 1 to the rules and you have been accepted for a course of study below degree level.

I had no idea about this! She is doing a Foundation degree in graphic communication yr 1- formally Higher National Diploma (HND) in graphic design because she didn’t have a necessary experience to do the actual degree course and plan to go into that afterwards.


2. My misunderstandings: “In view of the fact that you last entered the UK with entry clearance as a working holidaymaker, the secretary of state is not satisfied that you were last admitted to the UK in possession of a valid student entry clearance, or a valid prospective entry clearance.”

The last visa she had was a student visa! She came as a working holidaymaker, then went on and got a student visa and now just getting an extension, so I can make no understanding of this.

3. My misunderstandings: “You made an application on the 03 October 2005. However, your leave to remain expired on 30 September 2005. You therefore did not have leave to remain at the time of your application.”

It supposed to arrive on the Friday but got to them on the Monday! The post office could of messed up…is this important!


She just finished paying for her course and has been doing a number of college projects, so how can she just return home. Been living in the UK for 3 ½ years and you just leave! Do you just walk out of your home and go? I’m really mentally and physically shocked. She sent me to go to the post office to retrieve it and see what it says and we missed the post yesterday, hence she does not know! I have no advice and no knowledge on what to do next!

[Wanderer]

Hi there… my partner today got a response from the home office for a student visa extension and it reads….

“You are a person not specified in Appendix 1 to the rules and you have been accepted for a course of study below degree level. In view of the fact that you last entered the UK with entry clearance as a working holidaymaker, the secretary of state is not satisfied that you were last admitted to the UK in possession of a valid student entry clearance, or a valid prospective entry clearance.

You made an application on the 03 October 2005. However, your leave to remain expired on 30 September 2005. You therefore did not have leave to remain at the time of your application.

There is no right of appeal against this decision.

You have no right to stay in the UK so are liable to be removed. You must leave as soon as possible”


1. My misunderstandings: “You are a person not specified in Appendix 1 to the rules and you have been accepted for a course of study below degree level.

I had no idea about this! She is doing a Foundation degree in graphic communication yr 1- formally Higher National Diploma (HND) in graphic design because she didn’t have a necessary experience to do the actual degree course and plan to go into that afterwards.


2. My misunderstandings: “In view of the fact that you last entered the UK with entry clearance as a working holidaymaker, the secretary of state is not satisfied that you were last admitted to the UK in possession of a valid student entry clearance, or a valid prospective entry clearance.”

The last visa she had was a student visa! She came as a working holidaymaker, then went on and got a student visa and now just getting an extension, so I can make no understanding of this.

3. My misunderstandings: “You made an application on the 03 October 2005. However, your leave to remain expired on 30 September 2005. You therefore did not have leave to remain at the time of your application.”

It supposed to arrive on the Friday but got to them on the Monday! The post office could of messed up…is this important!


She just finished paying for her course and has been doing a number of college projects, so how can she just return home. Been living in the UK for 3 ½ years and you just leave! Do you just walk out of your home and go? I’m really mentally and physically shocked. She sent me to go to the post office to retrieve it and see what it says and we missed the post yesterday, hence she does not know! I have no advice and no knowledge on what to do next!

Seems to me IND are correct.

1. Course is not degree level.

2. She last entered UK on WHM visa - is it possible to switch to student in-country?

3. She should have sent her application my signed-for registered post or special delivery, if she has and sent it that way, show IND the proof. If not then it was a bit daft trusting ordinary post and leaving it so fine.

4. The fact the IND has only just informed of this since her app in sept makes me think she maybe has an adverse immigation history or certainly a non-standard case?

Steve