Student visa refused, re-applied,not sure if did RIGHT thing

[worried_student]

Hi everyone,

Apologies for my sad long story, but please try to help me! I really need YOUR HELP!

Recently, I have been refused a student visa because I had failed to send my bank statements along with my application. The reason being was because when I sent my application, my "lovely and very responsible bank" (name not enclosed for personal reasons), failed to send my statements on time, even though I asked for them 18 days prior to applying for extension. Sent the application WITHOUT my bank statements and ENCLOSED A LETTER informing the potential CASEWORKER I'd send it in the meantime.
During this "meantime", I kept in touch with the INTERNATIONAL ADVISER at the University, who suggested me "NOT TO SEND them until we've found out the NAME OF THE CASEWORKER and the RIGHT DEPARTMENT to send them to, otherwise, my statements COULD GET LOST on the way".

Stupid decision anyway... Right, agreed to that, waited for the International Adviser to call HO on a weekly basis and find out the "name of the caseworker" and the "right department", but FAILED - she neither could get the name of the caseworker, nor could she DO ANYTHING, because HO didn't wait for her calls but rather REFUSED MY VISA.

Being very upset and dissapointed with the situation, took my own decisions: decided to re-apply for extension, even despite I was given 18 days to appeal and been advised to hire a solicitor or send my IAFT-1 Form to the First-tier Tribunal (Immigration and Assylum Chamber). Re-submitted my new application and sent it to the address which I found on the sticker of my REFUSAL envelope: Tier4 RFRL Team PO Box 3468, SHEFFIELD, S3 8WA.

And now, truly speaking, I am totally unsure whether I've used the correct address and concerned if my new application has been lost.

Any suggestions of what I should do would be HIGHLY APPRECIATED!
Thanks for your time and understanding!

[geriatrix]

When given the right to appeal, you cannot submit a new application as your leave to remain in UK has expired i.e.- you have no legal right to be in UK unless you appeal within the stipulated time.

And, if you had to send a new application why didn't you send it to the same address that you posted the application to first time? Hope for the best and pray that you get your passport back.



regards

[Blackwater1]

It can't get worse than your story

[worried_student]

It can't get worse than your story

Well, thanks for giving me courage and being honest in your reply. Well done. Couldn't be any fairer!

[worried_student]

When given the right to appeal, you cannot submit a new application as your leave to remain in UK has expired i.e.- you have no legal right to be in UK unless you appeal within the stipulated time.

And, if you had to send a new application why didn't you send it to the same address that you posted the application to first time? Hope for the best and pray that you get your passport back.



regards

I wish I knew this before I mailed my application the second time. The thing was, I thought they'd be delivered to the caseworker whose name I found in the refusal envelope. That's what made me mail them to the same person. Hopefully, I'll get a response soon!
Thank you anyway, world is bigger than this, however, it's not the end of life!

[geriatrix]

Sorry to say this but you are in this situation today because .... you "thought" too much .. too many times!

Do you have leave to remain in the UK or has it expired? If it has expired and if the 18 days granted to submit the appeal have also passed, then you are an overstayer in the UK. And this may influence any future leave to enter/remain application(s).


regards

[PaperPusher]

You should not have sent the new application to Sheffield, it should be the address on the form which I believe is Durham. Durham is where they process the payment and then they send it to the correct office.

The caseworker can do nothing with that application.

[worried_student]

Sorry to say this but you are in this situation today because .... you "thought" too much .. too many times!

Do you have leave to remain in the UK or has it expired? If it has expired and if the 18 days granted to submit the appeal have also passed, then you are an overstayer in the UK. And this may influence any future leave to enter/remain application(s).


regards

First off, thank for your prompt reply. I really appreciate the help being offered to people like me in here. Anyway, to answer your question, the thing is, my leave to remain in the UK has already expired on 28th of February and I'm really stuck and don't know who to contact to get an answer. All I know is, I might be in trouble because of this. Hopefully, some solution exists and I'm hoping for a positive ending.
At the end, if you have and advice on how to proceed further, i.e., who to call or what to do to get this done, please let me know as I'm really getting nowhere.

Thanks for your support.

[potterbond007]

If the 18 days given for you to appeal is over, then you are officially in trouble and I would suggest that u leave the country as soon as possible.. But i guess u cant do it since you have send your passport back to the Visa office from where it was send to you.. What is the date of refusal of your Visa and when did you receive it?

[worried_student]

If the 18 days given for you to appeal is over, then you are officially in trouble and I would suggest that u leave the country as soon as possible.. But i guess u cant do it since you have send your passport back to the Visa office from where it was send to you.. What is the date of refusal of your Visa and when did you receive it?

Hi again, thanks for your support. Well, the refusal letter enclosed, is dated 29 April 2010, but I only received it on 7th of May as I had to go to the University to collect it (been informed by the Uni on the 5th, but due to Bank Holiday at that time, couldn't collect it any earlier). 18th of May was my deadline to appeal.

And now, as time is running against me, I don't really know who to call as I neither have any number of the Tier 4 RFRL Team where I mailed my application the second time, nor do I know what to do. I guess I'm in deep sh...t (apologies for my language!), and I can't forgive myself for the stupidities I've done.
If anyone knows who to resolve this situation, please don't hesitate to advise.

Thanks again and God bless anyone willing to help!

[bethnalblue]

Sorry to hear that you are going through so many ups and downs. Well at this stage you have certainly done a big mistake by sending your application to Sheffield, anyway the best thing you can do at this point is write a good covering letter to the case worker explaining why you have send your application to Sheffield instead of Durham and this time please make sure you send your letter by special delivery as this might be the only proof that you tried to contact them, if you have a email address on the refusal letter try to write them a email and wait for the reply. Forgot to mention that when you write a letter and a email please provide them your details including your full name, date of birth, passport number along with a photocopy of you passport as it might just help them to pull up your case. Try to contact them on this number but remember that the waiting time is too long. (01142074074)

All the best