Prospective Student refused - complicated situation

[lotus_veil]

Hi all,

I've got a very complex situation that I need some advice on..

I've studied through school and University from '99 - '08, then spent a year outside the UK. Since then I've re-entered the UK in Feb 2010 Tier 5 YMS as my Tier 1 PSW was rejected due to my application being sent in too late (longer than 1yr after graduation).

My YMS was up earlier this month, and I went abroad (but not home) for a week over the period when it expired, thinking I will be able to re-enter on a visitor's visa (I'm originally from a country that doesn't require EC for visiting). The ECO refused entry on the grounds that:

1) Not convinced that I was visiting, but rather that I intend to stay on a permanent basis to continue my relationship with my British partner (whom I've been with for 3 months)
2) Not satisfied that I don't intend to work in my time, or seek employment
3) I mentioned that I was considering going back to education but IO mentioned this would not fall in the right category of the visitor visa.

Since then I have come home and looked into taking up studying, and applied for a prospective student visa.

This was again rejected just today on the grounds that ECO was not satisfied with:
1) From my previous entry refusal, not satisfied that I have the intention to study in the UK but use the visa purely as a way to remain in the UK to continue my relationship
2) Not satisfied that I will leave the UK when my prospective student visa expires
3) Having been living in the UK for 2 years leading up to the application, ECO doesn't find it credible that plans to study had not been finalised in that time.

ECO refused application as was not satisfied, based on balance of probabilities, that I meet all requirements.

I am keen to go back to the UK to study, and even though if I get an unconditional offer from a Highly Trusted Sponsor, I believe the above would have an effect on my next application.

Would anyone be able to advise me how I should approach this?

Many thanks for your help in advance.

[Lucapooka]

I can't say I disagree with the refusal given your history. However, Tier 4 is points-based application. Scoring points is intended to remove the arbitrary reasons on which a visa might be refused. As long as you meet the conditions of the application and there are no reasons to refuse under general grounds (and you have not cited any previous problems in the most recent refusal statement) you should be granted the visa. You might want to look at the guidelines to check you eligibility. Does this new course represent academic progress and is it Bachelor level or above?

[lotus_veil]

Thanks for your response Lucapooka. No I haven't been refused under general grounds as far as I'm aware.

The new course is a professional course to obtain an accountancy qualification (CIMA) - how will I know if this represents academic progress?

The course itself doesn't require a Bachelor's degree to enroll, so does this mean it isn't Bachelor level or above?

I've been told elsewhere that the hardest point to prove is that I "intend to leave the UK after completing my studies", how does one go about proving this? (apart from stating it in the cover letter, but in my case I don't know if this will suffice).

Thanks again for your help.

[Lucapooka]

You must already have a degree if you have previously applied for PSW.

From the guidance:

85.A Tier 4 (General) student who is 18 years old or over is allowed to spend no more than three years in the UK studying below UK Bachelors degree level in his/her lifetime. We cannot approve new leave for a Tier 4 (General) student to study below UK Bachelors degree level, if he/she has already been studying below UK Bachelors degree level for three years.

63.If a Tier 4 (General) student has a CAS that was assigned on or after 4 July 2011, and he/she has previously had permission to stay as a Tier 4 (General) Student (or under the student rules that were in force before 31 March 2009), a Tier 4 Sponsor can only give the him/her a CAS for a new course if that new course represents academic progress from his/her previous study (for example the student will be studying for a new qualification at a higher academic level – for instance moving from a course at NQF 6 to one at NQF 7 -, or study at the same academic level that complements or enhances previous study at the same level).

[lotus_veil]

Yes I have a Bachelors degree already.

Re immigration rule 85, it also states in the guidance:

87. This three year limit does not include any time that a Tier 4 (General) student has spent studying below UK Bachelors degree level under:

The student rules that were in place before 31 March 2009; or
Tier 4 (General) when they were 16 or 17 years old; or
Tier 4 (Child) when they were aged 17 years or under; or
any other non Tier 4 category which permits study.

So seeing I completed my previous degree in July 2008 does this mean rule 85 doesn't apply?

[quantum1]

Thanks for your response Lucapooka. No I haven't been refused under general grounds as far as I'm aware.

The new course is a professional course to obtain an accountancy qualification (CIMA) - how will I know if this represents academic progress?

The course itself doesn't require a Bachelor's degree to enroll, so does this mean it isn't Bachelor level or above?

I've been told elsewhere that the hardest point to prove is that I "intend to leave the UK after completing my studies", how does one go about proving this? (apart from stating it in the cover letter, but in my case I don't know if this will suffice).

Thanks again for your help.

According to Wikipedia CIMA courses are at Masters Level.

[lotus_veil]

Thanks quantum1.

Yes I've checked with CIMA directly too and they confirmed that their qualification is "equivalent to Master's", but I guess it's up to UKBA to decide whether that's the case. The guidance is a bit vague on this.. so in my case I don't know for certain whether the course to study "must be a Master's" or "could be a Master's equivalent" in order for it to be an "academic progression" from a Bachelor's degree.

Anyone got any info on this by chance??

[TanvirBD]

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