student visa refused due to embassy mistake

[ghq]

I need to ask your advise on my case.

I was on hsmp dependent visa for two years. i got admission in a college for the degree of MBA, my first semester was due to finish in december, it was the time that my dependent visa was also running out. I went to my coutry of origin just two days before the expiry of my dependent visa
I applied in british consulate for the renewal of my visa from dependent category to student category. Consulate refused my visa on the grounds that i had overstayed in the country. however, i hadn’t , in fact they didnt see the visa copy of for the year 2009 instead they just saw visa copy of 2008 and assumed that i have overstayed in UK for one year as the arrival date in Pakistan on my passport was showing in 2009.
Later on when i called them and appealed for administrative review, they accepted their mistake and send a letter of apology, also requested a fresh college letter to reprocess my visa. This whole process took four months, following to their request for fresh college letter i contacted my college. College refused to give a fresh letter under the excuse that my session have been passed and i have to pay the full fee again to get admission in a new degree course (entirely a new session) in order to get a letter. I tried to explain them about my situation but they completely let me down. They kept me waiting for four months until September 2010 when they finally refused to give letter. I thought it was unfair, they also said that it was embassy mistake not theirs so they would not take the responsibility of fee that has been previously paid.
Now I am stuck for nearly a year now. I want to file a case against college for their unfair policy and also to the embassy who made mistake in the first place. It cost me one year of time, my all college fee and my Mba degree. Please advise me

[chinagef]

I need to ask your advise on my case.

I was on hsmp dependent visa for two years. i got admission in a college for the degree of MBA, my first semester was due to finish in december, it was the time that my dependent visa was also running out. I went to my coutry of origin just two days before the expiry of my dependent visa
I applied in british consulate for the renewal of my visa from dependent category to student category. Consulate refused my visa on the grounds that i had overstayed in the country. however, i hadn’t , in fact they didnt see the visa copy of for the year 2009 instead they just saw visa copy of 2008 and assumed that i have overstayed in UK for one year as the arrival date in Pakistan on my passport was showing in 2009.
Later on when i called them and appealed for administrative review, they accepted their mistake and send a letter of apology, also requested a fresh college letter to reprocess my visa. This whole process took four months, following to their request for fresh college letter i contacted my college. College refused to give a fresh letter under the excuse that my session have been passed and i have to pay the full fee again to get admission in a new degree course (entirely a new session) in order to get a letter. I tried to explain them about my situation but they completely let me down. They kept me waiting for four months until September 2010 when they finally refused to give letter. I thought it was unfair, they also said that it was embassy mistake not theirs so they would not take the responsibility of fee that has been previously paid.
Now I am stuck for nearly a year now. I want to file a case against college for their unfair policy and also to the embassy who made mistake in the first place. It cost me one year of time, my all college fee and my Mba degree. Please advise me

I don't think that this is a matter of immigration, as you had successfully won the administrative review, and the BHC requested for a new CAS number/statement as the course you initially applied for had already started quite substantially.

It is very much a matter with the college which you are dealing with (which isn't strictly a matter of immigration dispute) as you wish to acquire a refund, or to defer your entry by a year. You may wish to speak to the director/head of school and normally they can be understanding. If they are adamant to not being of assistance, you may wish to consider reporting them to the respective regulatory body and see if they can assist.

[litu1]

I need to ask your advise on my case.

I was on hsmp dependent visa for two years. i got admission in a college for the degree of MBA, my first semester was due to finish in december, it was the time that my dependent visa was also running out. I went to my coutry of origin just two days before the expiry of my dependent visa
I applied in british consulate for the renewal of my visa from dependent category to student category. Consulate refused my visa on the grounds that i had overstayed in the country. however, i hadn’t , in fact they didnt see the visa copy of for the year 2009 instead they just saw visa copy of 2008 and assumed that i have overstayed in UK for one year as the arrival date in Pakistan on my passport was showing in 2009.
Later on when i called them and appealed for administrative review, they accepted their mistake and send a letter of apology, also requested a fresh college letter to reprocess my visa. This whole process took four months, following to their request for fresh college letter i contacted my college. College refused to give a fresh letter under the excuse that my session have been passed and i have to pay the full fee again to get admission in a new degree course (entirely a new session) in order to get a letter. I tried to explain them about my situation but they completely let me down. They kept me waiting for four months until September 2010 when they finally refused to give letter. I thought it was unfair, they also said that it was embassy mistake not theirs so they would not take the responsibility of fee that has been previously paid.
Now I am stuck for nearly a year now. I want to file a case against college for their unfair policy and also to the embassy who made mistake in the first place. It cost me one year of time, my all college fee and my Mba degree. Please advise me

HSMP dependant visa renewal every year ??? how come??? you should get the visa in one stamp for the whole 2 yrs duration. I'm not sure whether I'm right or you r not giving right information..

[MPH80]

I personally think there is an immigration matter here. He might have won the review - but the visa isn't granted because he's got to prove he's on or going to do the course.

Since the college won't issue the letter ... UKBA won't issue the new visa ... and nor should they as circumstances have changed.

But as I said on the other board - I'm confused about the original mistake. You say they missed a visa in your passport, yet you had a 2 year dependant visa from 2007->2009. You then said they only saw the visa from 2008 ... but your visa would have covered the right timeframe.

So something is not adding up for me.

M.

[ghq]

Thanks for your interest, sorry embassy only saw 2007 date, they overlooked dependent visa vignette which stated visa expiry 2009.
Can I claim my college fee back which is £5000, or who do i have to approach to complain about college. They asked me to wait till september 2010 session and promised to give some concession in the full fee for the new session. As they received more application then the seats they had so they decided to back out from their promise just few days before september session, and said I could only get a letter if I pay another £4500 (50% of the total fee) and the rest will be payable once I joined the course. They said they could not do any thing as college is a business for them, each seat cost them, if i could afford it i can buy it otherwise somebody else would pay for it.
appreciate for help.