PLEASE HELP ME!

[thanhtu1255]

I have just received a visa rejection from UKBA because of bank statement issue. They said that closing balance of my bank statement is dated more than one month before the date of my application. More details, my closing balance is 6th september but i submited it in 24th october. I really didnt know about this rule. I mean the Tier 4 office at my university didn't check it properly. Now i am so confused. I have some following questions
I really want to appeal because of saving money. But it seems to take too long so I decide to re-apply in person. But my current leave was expired by 31st october so Am I allowed to re-apply ? Anyone has been through this issue? Please recommend me the quickest way to sort. Thank you very much

[2012]

I have just received a visa rejection from UKBA because of bank statement issue. They said that closing balance of my bank statement is dated more than one month before the date of my application. More details, my closing balance is 6th september but i submited it in 24th october. I really didnt know about this rule. I mean the Tier 4 office at my university didn't check it properly. Now i am so confused. I have some following questions
I really want to appeal because of saving money. But it seems to take too long so I decide to re-apply in person. But my current leave was expired by 31st october so Am I allowed to re-apply ? Anyone has been through this issue? Please recommend me the quickest way to sort. Thank you very much

1. U need to start the appeal process to be a legal resident in UK.
2. If you apply again more likely your application will be refused as you do not have a valid leave and will be considered illegal.
3. If you start the appeal process then your leave is extended under Section 3C and your stay wud be legal untill the appeal is decided.
4. I am very surprised to know that uni made this mistake but it was also your responsibility to check the rules and requirements.
5. If you can provide the bank statements and convince the immigration judge that uni made the mistake while checking your application and now you can provide the evidence for maintenance.
6. However, you wud need to provide the statements with the required funds for that period (the period of 1 month rule) which wud be the correct period if your aplication was to be approved.
7. I amsure if you do that u can win the appeal also wat about u uni, r they not advising you on this issue?

[thanhtu1255]

Thank you very much for your reply. My tier 4 advisor recommend me to re-apply and make a fresh application with a fresh bank statement (wth ? why? )
Actually, I dont really trust her. She said I can provide the ukba my old bank statement and new bank statement to prove that from 6th september( closing balance) until now I havent spent any money.

[Greenie]

2. If you apply again more likely your application will be refused as you do not have a valid leave and will be considered illegal.
5. If you can provide the bank statements and convince the immigration judge that uni made the mistake while checking your application and now you can provide the evidence for maintenance.
7. I amsure if you do that u can win the appeal

2012 I am afraid you are incorrect on the points above.

thanhtu1255:

- Tier 4 applications do not require the applicant has current leave, therefore the application should be refused purely on the grounds that he makes an application as an overstayer. See para 245ZX. Requirements for leave to remain

"(b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

(i) as a Tier 4 (General) Student..."

- Appellants are not permitted to submit further evidence in PBS appeals that was not submitted with the original application,(with some exceptions - e.g. unless it is to prove that a document submitted with the application was genuine or to refuse an application on grounds not related to the acquisition of “points” under the “Points Based System) - see section 85A and 'unnecessary appeals to end'

It is therefore unlikely that an appeal would suceed as the correct bank statements were not submitted with the original application.

[Greenie]

Thank you very much for your reply. My tier 4 advisor recommend me to re-apply and make a fresh application with a fresh bank statement (wth ? why? )
Actually, I dont really trust her. She said I can provide the ukba my old bank statement and new bank statement to prove that from 6th september( closing balance) until now I havent spent any money.

Your university advisor is advising you to reapply because your appeal is most unlikely to suceed for the reasons explained above.

Of course to apply you will need to provide a new bank statement, ending no more than a month before your application (the new application date that is).

You also need to bear in mind that as you will be reapplying as an overstayer, you will have lost your established presence (presuming you had this before) so you will need to show the maximum amount in maintenance.

If you don't trust your advisor then you can always pay for a compentent immigration advisor/solicitor for advice, but university advisors tend to have more experience than solicitors/immigration advisors on tier 4 applications since they deal with them on daily basis

[2012]

Exceptional circumstances shud be used to persue the appeal as it was mainly a mistake by the uni.

[ruskcake]

Exceptional circumstances shud be used to persue the appeal as it was mainly a mistake by the uni.

thanhtu1255 is a student at university it is fair to assume he has a brain and can read. No point blaming the university advisor all applicants should know the rules and requirements before applying for a visa etc After all it is the applicant who signs the form not the advisor.

[Greenie]

Exceptional circumstances shud be used to persue the appeal as it was mainly a mistake by the uni.

I don't see 'exceptional circumstanes because my advisor didn't see the date on my bank statement' as a ground of appeal in the Nationality, Immigration and Asylum Act 2002?

[thanhtu1255]

Thank you everyone for these replies. I will re-submit a fresh bank statement from 6th september - closing balance of the old statement until now. The easy way is just to prove that my money is still remaining. I think it should be fine.

[Greenie]

How much money are you showing for living costs?

[thanhtu1255]

For the new bank statement i have to add extra money. Before I only need to show 7200 but now I need 8350. But I always got more than 9000 in bank account so its fine.

[Greenie]

Are you studying in inner London or outer London/elsewhere in the UK?

How many months are remaining of your course? How much do you owe in fees?

[thanhtu1255]

I am in inner London. My course is 3 years undergraduate degree course. I have just started and still need to pay 3000 pound. But My bank account is always more than 9000 pound.

[Greenie]

Have you paid money to your uni for accommodation? If not then you will need £7200 for your living costs plus the £3000 you owe in tuition fees.

[Deviser]

Yeh..and actually you need exact or above £10200 in your bank account since 28 days not 'more than £9000' or something or your application will reject again without any appeal rights.

[thanhtu1255]

I dont know my tier 4 advisor said i need 8350 pound, I already paid 4000 pound for the fee. I dont need to pay accommodation . I will re-apply in person. So do you think I need to get Biometric again?

[Greenie]

what do you mean you don't need to pay accomodation?

Living costs for inner london are £800 for each month of the course up to a maximum of 9 months, less any money paid to the university for accomodation if you are living in univeristy own accomodation.

Therefore if you are not living in halls/uni owned accomodation you need £7200 for living costs plus whatever you owe in tuition fees for this year, which you said was £3000.

how is the £8350 calculated?

It is not advisable to apply in person if you are applying as an overstayer.

[thanhtu1255]

I really dont know my course fee is 6950 and i already paid 4000. My tier 4 advisor calculated it.
But is it possible to re-apply in person. because I dont want to wait anymore.

[Greenie]

have you paid any money to your uni for accomodation?

[Deviser]

@thanhtu1255

You must consider following two things:

1.) The money you need for fresh application is £7200+£2950 = £10150 since 28 days in your bank account.

2.) As an overstayer, it is not recommended to apply in person.

Keep in mind its 'your' immigration and visa matters, not university officials or advisors.

[thanhtu1255]

Ohh I am studying in Greenwich so It is must outside of inner London. So I just need to show 5400 + 2950.
And my tier 4 advisor said I applied in time, my visa expired whilst my application was with UKBA, but now my visa is refusal so It should be fine to apply in person.