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Urgent: refused for not being genuine student.

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

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

Lilou
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Urgent: refused for not being genuine student.

Post by Lilou » Fri Feb 26, 2016 9:38 am

Hello, this is my first post I have been refused a tier 4 visa yesterday by ECO for 3 reasons, he said that I am not a genuine student.
I don't agree in all 3 reasons given:
1- He sais that during my interview I answered that I didn't looked for other courses or institutions and a genuine student should look at many courses and institutions. This is wrong they just asked about my courses and I really now why I choosed to do an MBA and a gave full explanation.
2 - He said that I replied just "london" when they asked where will you be living. A genuine student should now more about de traject from his accommodation and factoring cost. During the interview I asked if it ia about my adress they said no. How can I reply to something that I'm not asked ? And I know everything about the adress and cost .
3- He said that there is no transaction in my bank statement just one full amount and no origin of funds showed.
This is not true because the 3 deposit were before the 28 days and I submitted my brothers payslip annual income working licence and birth certificate.
Please I need help!
I am awarded 40/40 points.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Fri Feb 26, 2016 9:54 am

Please someone to help me . I don't know what to do . The latest date of arrival in my CAS is march 7th . Can I do an administrative review?
Would real appreciate your answers.

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Casa
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Re: Urgent: refused for not being genuine student.

Post by Casa » Fri Feb 26, 2016 10:02 am

You only posted less than 10 minutes ago...be patient. :!: Someone will reply when they have the advice you are looking for.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Re: Urgent: refused for not being genuine student.

Post by vinny » Fri Feb 26, 2016 10:23 am

If the ECO is implicitly claiming that you tried to deceive him into believing that you are a genuine student, then I think this may open the door for you to to submit further evidence for AR to demonstrate that you are a genuine student.
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.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Fri Feb 26, 2016 11:18 am

vinny wrote:If the ECO is implicitly claiming that you tried to deceive him into believing that you are a genuine student, then I think this may open the door for you to to submit further evidence for AR to demonstrate that you are a genuine student.

I had all the necessary information but couldn't reply to a question that hadn't been asked to me. I think if I want to include new evidence I will have to do a fresh application.
What are my chances if my latest dat of arrival is match
7th?
I don't know what to include ? I submitted a tenancy agreement for my accommodation ( plan to live with my friend). I had high grades I just cannot understand.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Fri Feb 26, 2016 6:40 pm

I have prepared answers for the administrative review and sent it to the school. Im planning to send it on monday.

Regarding my bank statement he said that there is no activity shown but the last deposit was made one month before I explained that ont the review and asked them to verify with the bank. Do you think it's enough?

sah10406
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Re: Urgent: refused for not being genuine student.

Post by sah10406 » Fri Feb 26, 2016 9:40 pm

Have you sought advice from your Tier 4 sponsor institution? If not, I suggest you do so as soon as possible.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

keysersoze22
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Re: Urgent: refused for not being genuine student.

Post by keysersoze22 » Sat Feb 27, 2016 9:09 am

Your tier 4 sponsor (with your permission) can request the transcript from your interview. You can use that to highlight any areas that the UKVI have failed you for.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Sat Feb 27, 2016 10:06 am

keysersoze22 wrote:Your tier 4 sponsor (with your permission) can request the transcript from your interview. You can use that to highlight any areas that the UKVI have failed you for.

I have scanned and sent the refusal letter to my tier 4 sponsor they advised me to go through questions, make a draft of what I want to put on my review and send them back so they can help.

My questions are:
- How much time it's gonna take to get the transcript?
- When they say I wasn't credible saying that I didn't looked at other courses or institutes, Im quite sure they just asked about course and in my answers intend to put that I planned to do an MBA well before deciding to come to UK, while I was doing my bachelor (BBA) and they didn't ask about other institutions.
Is it good answer?

- last questions :they asked where will you live in UK I asked to the two interviewers in the VAC who were just taking notes if it is about the adress, they said no, then I just said london and explained why. I knew perfectly where I intend to live and I have submitted a tenancy with my application.

Do you think my answers are correct? Im so worried because I have done so much researches and I know I am more than genuine student!
Thank you in advance.

keysersoze22
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Re: Urgent: refused for not being genuine student.

Post by keysersoze22 » Sat Feb 27, 2016 10:30 am

Your sponsor may be able to request the transcript that shows the notes that the ECO made during interview. However, the "Genuine" student reason for refusal is often one that attracts limited success at Administrative Review - can I ask your nationality? I would stick to the facts with your Admin Review - with accommodation, highlight that you weren't asked this as a question (and enclose evidence proving your place of abode in the UK and rent prices etc). For point 1, again, flesh this question out and stick to the material facts. And #3 is often subjective - you'll need to highlight the attention to the payslip in the AR. Good luck.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Sat Feb 27, 2016 10:53 am

keysersoze22 wrote:Your sponsor may be able to request the transcript that shows the notes that the ECO made during interview. However, the "Genuine" student reason for refusal is often one that attracts limited success at Administrative Review - can I ask your nationality? I would stick to the facts with your Admin Review - with accommodation, highlight that you weren't asked this as a question (and enclose evidence proving your place of abode in the UK and rent prices etc). For point 1, again, flesh this question out and stick to the material facts. And #3 is often subjective - you'll need to highlight the attention to the payslip in the AR. Good luck.
Then you mean that it is difficult to prove that I am a genuine student when they already that it's not the case...
-I am from Senegal. Yes I intend to write that I have submitted a tenancy of an accommodation (£600/month).
- The thing is they didn't ask about other institutes and to be honest I really planne to do an MBA in UK, how to prove that?

- About my bank statement: can I submit a new statement from the same account, making a deposit who will prove the money is still there and its mine. The previous deposit cannot be in the statement that I have submitted. To prove the origin of my money I just have my brothers payslips, and annual income he has a good salary, and is in contract since 2014, with his company

keysersoze22
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Re: Urgent: refused for not being genuine student.

Post by keysersoze22 » Sat Feb 27, 2016 11:01 am

UKVI will want to see evidence based on the original application - stick to the points they've mentioned. You sound like you have a good case.

If you think they haven't processed your information properly (you've stated that you submitted your brothers payslip and annual income), i'd definitely put that on the AR.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Sat Feb 27, 2016 11:13 am

keysersoze22 wrote:UKVI will want to see evidence based on the original application - stick to the points they've mentioned. You sound like you have a good case.

If you think they haven't processed your information properly (you've stated that you submitted your brothers payslip and annual income), i'd definitely put that on the AR.
So I should not submit a fresh bank statement withe the AR?

Don't know if you will have time to read it in full bit please if so tell me if my intended reply below is good:

- I was asked about my interest for other courses in United Kingdom and I said that I have not considered other courses while planning to come to United Kingdom because I already knew what program I will do for the master when I started my bachelor courses in Senegal and it is directly linked to my bachelor courses. Furthermore I had very good reasons to choose this particular course and gave full explanation during the interview. I have not been asked about other institutions during the interview.

-I don't agree with the second reason because I know exactly where I planned to live in UK. I have provided a tenancy of an accommodation where I plan to live.During the interview I asked if the question was about the adress and the two interviewers replied "NO" then I said london, thinking they were asking about the city. I know exactly the travel requirements to the college because I have done many researches and asked also to my friends living in London. I couldn't reply to a question that has not been asked or guess it.

- This is a saving account and I don't use it for any purposes other than my expected studies in United Kingdom. Previous deposits were made before the statement that I have submitted and further checks can be made to verify. I have provided my brother's financial documents and employment information in support of my application to prove the origin of funds in my bank account as he is funding me.

I truly believe that there was misunderstanding during my interview and that I am a genuine student because I meet all the requirements and I have done all the necessary reseaches for my studies in United Kingdom.

keysersoze22
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Re: Urgent: refused for not being genuine student.

Post by keysersoze22 » Sat Feb 27, 2016 11:27 am

I would advise you to stick to the rules mentioned within the AR - ultimately, do not submit your AR in haste. Your University's student advisers as sah10406 has indicated would be able to indicate any support they can offer as well. You have ten working days to submit the AR.

May I ask if you applied through an agent, or direct? If you applied through an agent, they can also assist.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Sat Feb 27, 2016 11:39 am

So I should change my answers?
No I don't have an agent, I have done my bachelor thesis since june ( Taught in English with a french business school degree). I have choosen the UK and tried my best to know everything about the regulations.

Trying to be strong to overcome that situation, it's a big surprise for me a double checked everythin but not AR while applying.

keysersoze22
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Re: Urgent: refused for not being genuine student.

Post by keysersoze22 » Sat Feb 27, 2016 12:28 pm

I'd advise you to liaise with your International Student Advise Service who can assist you with your AR - the forum is only a guiding point about what to do. However, you have a clear and concise argument, so I have faith you'll win the AR! Just please do listen to sah's advice and speak to your International Advisor at the institution where you were issued your CAS.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Sat Feb 27, 2016 12:53 pm

Okay I will do so and trying my best to give send the best AR possible.
For the AR , do I have to print the form and fulfill it with a pen and then print it? This is what I understood.

I really appreciate your advices , thank you guys for making it more clear, if you have any additional suggestions about my case Im listening.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Mon Mar 07, 2016 4:55 pm

Hello everyone, I have still not sent my AR because I have sent my responses to the school but the person who is in charge of doing this still don't give me any reply. At first they said I have a good case but the marketing officer don't give me any feedback.


If someone knows how to do that review please let me know I want to send it now I cannot wait anymore.

keysersoze22
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Re: Urgent: refused for not being genuine student.

Post by keysersoze22 » Tue Mar 08, 2016 7:01 am

Call them. You should have a designated Admissions Officer. Not one here an really 'guide' you on a complete AR review as they are all unique.

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Tue Mar 08, 2016 8:31 am

keysersoze22 wrote:Call them. You should have a designated Admissions Officer. Not one here an really 'guide' you on a complete AR review as they are all unique.
I have one marketing officer who should be in charge of this but I am sending her mails and calling her but no answer.

For the AR I just have to fill the form scan it and then send it by mail right? No need to write a letter with it?

Lilou
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Re: Urgent: refused for not being genuine student.

Post by Lilou » Sun Mar 27, 2016 4:05 pm

Hello everyone,
I have sent my AR since march 9 but I don't know if the 28 days processing time are working days or calendar days?

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Re: Urgent: refused for not being genuine student.

Post by CR001 » Sun Mar 27, 2016 5:28 pm

calendar days?
Likely this one.
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keysersoze22
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Re: Urgent: refused for not being genuine student.

Post by keysersoze22 » Sun Mar 27, 2016 9:49 pm

28 calendar days, 20 working days I've found!

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Re: Urgent: refused for not being genuine student.

Post by Lilou » Sun Mar 27, 2016 10:52 pm

I really hope that it will be calendar days, really need the outcome of that review nomatter what...
Thank you so much for your answer guys!

keysersoze22
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Re: Urgent: refused for not being genuine student.

Post by keysersoze22 » Mon Mar 28, 2016 9:22 am

Not a problem. I assume you need the outcome of your review to join your University - remember that the University can under exceptional circumstances extend the last date of arrival on your CAS with UKVI.

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