APPEALS DISMISSED, APPLIED AGAIN, VISA GRANTED

[tuliprose]

Hello

I would like share my story, as i feel that might help other peoples.

My visa expired on 30th June 2011 and course completed in August 2011.

I applied on 27th June and but visa was refused because of maintenance funds on 14 September 2011. In the meantime i had received my degree.

I appealed against the decision on ground of article 8 as i live here in UK since 2004 with my wife and UK born baby.

First tribunal judge dismissed my appeal.

I requested the judge to reconsider the decision but again he dismissed my request.

In the meantime, i maintained extended funds requirement and kept £25500 into my account for 28 days.

7200 for myself
5400 for my wife
5400 for my baby
7500 first year tuition fees

My previous solicitor told me to pack my stuff and book a return ticket as there was no chance that Upper tribunal will allow my appeal.

On this forum, nobody gave me any hope and suggested to go back.

I appealed to Upper tribunal to buy more time as i can maintain above mentioned funds for 28 days and arrange a new admission.

Finally I got MSc Admission from another UK University (even i had completed MBA). They justified that i had academic progression. Although these both degrees are Level 7 Masters.

Actually i planned withdraw my upper tribunal appeal and send fresh application. but even before i withdrew my appeal, upper tribunal dismissed my appeal.

I became overstay for two days, but i still sent my Tier 4 application on 22nd of December with new CAS and required level of funds.

I appeared for my biometric on 30th Jan 2012 and finally got my visa extension today.

I would to suggest all those, who are refused for any reason and think they have not any chance of winning appeal then try their luck to apply again as fresh application. But to avoid being overstay, you must appeal first and then withdraw on same day as you apply.

Good Luck.

[Deviser]

Story is good.

But its not possible for everyone, who is/will be in same situation, to show £25500 in a bank account for 28 days.

[PSW WORRIES]

Story is good.

But its not possible for everyone, who is/will be in same situation, to show £25500 in a bank account for 28 days.

Thats a lot of money mate, with that sum, i will not be in this freaking country lol.

[Deviser]

Thats a lot of money mate, with that sum, i will not be in this freaking country lol.

Exactly! This is what I did'nt want to say! :p

[tuliprose]

Story is good.

But its not possible for everyone, who is/will be in same situation, to show £25500 in a bank account for 28 days.

Thats a lot of money mate, with that sum, i will not be in this freaking country lol.

Actually it depends on one's situation.
If its only main applicant then you need to show 7200 pounds (for london) plus fees .

In my case i had two dependants.

[PSW WORRIES]

Congrats Tuliprose. I am also in the same situation.

I was denied a tier4 visa extension in Feb., I appealed in March, but now I wish to apply for PSW, because my circumstances have changed. I have all documents ready to go.

How can u advise in this situation.

[asdsa]

hi Tuliprose good to read your post its really giving hope to us
my visa rejected on grounds of academic progress and i appeal waiting for hearing date do you think I can apply fresh application as my visa expire in jan 2012 if yes can i show my statement from home country
congratulations for your success

[bya1983]

congradulation n thanx tuliprose for letting us know.

[tuliprose]

Congrats Tuliprose. I am also in the same situation.

I was denied a tier4 visa extension in Feb., I appealed in March, but now I wish to apply for PSW, because my circumstances have changed. I have all documents ready to go.

How can u advise in this situation.

What was the reason for your refusal ? If you are confident then go ahead with your appeal. But please don't even if you loose your appeal you still have so much time to apply for PSW in between. But please make sure you stay in timeline given by the court.

And most important, you make sure that you meet all other requirements when you apply again.

[PSW WORRIES]

Congrats Tuliprose. I am also in the same situation.

I was denied a tier4 visa extension in Feb., I appealed in March, but now I wish to apply for PSW, because my circumstances have changed. I have all documents ready to go.

How can u advise in this situation.

What was the reason for your refusal ? If you are confident then go ahead with your appeal. But please don't even if you loose your appeal you still have so much time to apply for PSW in between. But please make sure you stay in timeline given by the court.

And most important, you make sure that you meet all other requirements
when you apply again.

Thanks for the reply. The PSW ends nextweek, I was refused the tier 4 visa, due to issues with established presence and maintenance requirements. AT the moment i meet all requirements for PSw. I am having problems filling the forms. dont know if u can help.

[tuliprose]

hi Tuliprose good to read your post its really giving hope to us
my visa rejected on grounds of academic progress and i appeal waiting for hearing date do you think I can apply fresh application as my visa expire in jan 2012 if yes can i show my statement from home country
congratulations for your success

Are you still studying in same institution ?

If you are sure enough that you have a strong case to defend then go ahead with your appeal. But i'll advise you of keep other options open in worse scenario.

i-e Get unconditional offer letter from other institutions as well.

Just in case you loose your appeal then at least you have other admission ready. But again i remind you that you must meet all other requirements, extended level of funds, valid CAS, and the start date of your new course must not be more than a month before you apply again.

Good Luck

[tuliprose]

Congrats Tuliprose. I am also in the same situation.

I was denied a tier4 visa extension in Feb., I appealed in March, but now I wish to apply for PSW, because my circumstances have changed. I have all documents ready to go.

How can u advise in this situation.

What was the reason for your refusal ? If you are confident then go ahead with your appeal. But please don't even if you loose your appeal you still have so much time to apply for PSW in between. But please make sure you stay in timeline given by the court.

And most important, you make sure that you meet all other requirements
when you apply again.

Thanks for the reply. The PSW ends nextweek, I was refused the tier 4 visa, due to issues with established presence and maintenance requirements. AT the moment i meet all requirements for PSw. I am having problems filling the forms. dont know if u can help.

There should not be any problem in filling the form. Just fill as normal but you must send withdrawal letter to court on the same day you apply again.

And write a covering letter, or if you solicitor then you must mention that there is not any pending appeal.

[PSW WORRIES]

These are the questions i am having problems with:
D11: CURRENT IMMIGRATION STATUS??? visa expired in feb

D29: Does applicant currently have an appeal with the asylum and immigration tribunal which is yet to be heard?
YES, i have a tier 4 appeal pending.

D31: Has the date of applicants leave , as stated in his/her passport now passed? Y provide additional grounds to the outstanding appeal.
YES, but it says "applicant is not able to submit fresh application. However they can , if they wish

[tuliprose]

These are the questions i am having problems with:
D11: CURRENT IMMIGRATION STATUS??? visa expired in feb

D29: Does applicant currently have an appeal with the asylum and immigration tribunal which is yet to be heard?
YES, i have a tier 4 appeal pending.

D31: Has the date of applicants leave , as stated in his/her passport now passed? Y provide additional grounds to the outstanding appeal.
YES, but it says "applicant is not able to submit fresh application. However they can , if they wish

As you are still in appeal, then you Tier 4 at the moment.

And as i explained earlier that there should not be any pending appeal. Therefore, you must withdraw your appeal on same day as you apply. So the answer for D29 would be, NO.

And you must show that you have £2800 pounds in your account for 90 days.

[PSW WORRIES]

These are the questions i am having problems with:
D11: CURRENT IMMIGRATION STATUS??? visa expired in feb

D29: Does applicant currently have an appeal with the asylum and immigration tribunal which is yet to be heard?
YES, i have a tier 4 appeal pending.

D31: Has the date of applicants leave , as stated in his/her passport now passed? Y provide additional grounds to the outstanding appeal.
YES, but it says "applicant is not able to submit fresh application. However they can , if they wish

As you are still in appeal, then you Tier 4 at the moment.

And as i explained earlier that there should not be any pending appeal. Therefore, you must withdraw your appeal on same day as you apply. So the answer for D29 would be, NO.

And you must show that you have £2800 pounds in your account for 90 days.

Hi, thanks for the reply, but I am in the UK, so why do i have to show 2,800 for 90 days, i only have 800 for 90 days. Did u also say no in your application?

[tuliprose]

These are the questions i am having problems with:
D11: CURRENT IMMIGRATION STATUS??? visa expired in feb

D29: Does applicant currently have an appeal with the asylum and immigration tribunal which is yet to be heard?
YES, i have a tier 4 appeal pending.

D31: Has the date of applicants leave , as stated in his/her passport now passed? Y provide additional grounds to the outstanding appeal.
YES, but it says "applicant is not able to submit fresh application. However they can , if they wish

As you are still in appeal, then you Tier 4 at the moment.

And as i explained earlier that there should not be any pending appeal. Therefore, you must withdraw your appeal on same day as you apply. So the answer for D29 would be, NO.

And you must show that you have £2800 pounds in your account for 90 days.

Hi, thanks for the reply, but I am in the UK, so why do i have to show 2,800 for 90 days, i only have 800 for 90 days. Did u also say no in your application?

Yes, you need to show £800 for 90 days if you have valid leave to remain in UK. But currently you don't have valid leave to remain so you must need to show £2800 for 90 days. You can also show your back home bank account statement or your parents bank statement.

As you can only apply if you don't have any pending appeal. So when you withdraw your appeal then you must select NO to D29.

One more thing, I am not giving you any kind of guarantee for your case. I just shared my story that i got my visa by doing so.

Good luck

[Greenie]

These are the questions i am having problems with:
D11: CURRENT IMMIGRATION STATUS??? visa expired in feb

D29: Does applicant currently have an appeal with the asylum and immigration tribunal which is yet to be heard?
YES, i have a tier 4 appeal pending.

D31: Has the date of applicants leave , as stated in his/her passport now passed? Y provide additional grounds to the outstanding appeal.
YES, but it says "applicant is not able to submit fresh application. However they can , if they wish

As you are still in appeal, then you Tier 4 at the moment.

And as i explained earlier that there should not be any pending appeal. Therefore, you must withdraw your appeal on same day as you apply. So the answer for D29 would be, NO.

And you must show that you have £2800 pounds in your account for 90 days.

Hi, thanks for the reply, but I am in the UK, so why do i have to show 2,800 for 90 days, i only have 800 for 90 days. Did u also say no in your application?

Yes, you need to show £800 for 90 days if you have valid leave to remain in UK. But currently you don't have valid leave to remain so you must need to show £2800 for 90 days. You can also show your back home bank account statement or your parents bank statement.

As you can only apply if you don't have any pending appeal. So when you withdraw your appeal then you must select NO to D29.

One more thing, I am not giving you any kind of guarantee for your case. I just shared my story that i got my visa by doing so.

Good luck

It is not correct that the OP needs £2800 because he doesn't have current leave. For PSW applications, £800 is need for in country applications (applications for leave to remain) regardless of whether the person has current leave or not, and £2800 is needed applications from outside the UK (applications for entry clearance).

http://www.ukba.homeoffice.gov.uk/polic ... appendixc/

[PSW WORRIES]

Thanks Greenie, just what i wanted to hear. Having a bit of problem filling out my psw forms. I am doing an out of time application and i wish to withdraw my appeal ASAP, but should I answer yes or no to the question asking if i have a pending appeal?

[asdsa]

hi tuliprose
i got my hearing date need to prepair witness statement if u have format plz send to me
thanks

[PSW WORRIES]

Hi Guys,

I did not do the out of time application. I did not have the nerve to take that risk. I decided to follow on my appeal, for reasons best known to me.
Hopefully my progamme would have ended by then.
Does anyone have any recent example of a successful tier 4 appeal that was appeal, though applicant go rejected mainly due to maintenance.

Thanks

[JGS]

I am facing a similar situation like yours; I applied for the renewal of the Tier 4 visa for me and my dependents, after completing my Master I was accepted to continue with my PhD, but my application was refused. I was advised by my legal representative to appeal the decision but the appeal was also dismissed.

I am transferring to a different university which has accepted me into the program and knowing my situation has issued a new CAS number.

Now, after giving you some context, these are the questions that I have for you, did you have your passport (physically) with you by the time you submitted your new application? I am a little bit confused about the overstay issue. I was told that during the time of my appeal I would not be considered an overstayer, but now that the court has dismissed my appeal I wonder if I am now overstaying. Since I received the court's decision about my appeal last Thursday, and in theory I have 28 days to submit my new application, I wonder if I should consider myself an overstayer for the time between the dismissal of my appeal and the time I submit my application?

Many thanks for posting and in advance for your reply.

[Ditima98]

I am very happy for you, these issues are very emotional draining!

I am in a similar situation. I came to the UK in 2006. I have so far done a BA and MSc degrees at two different Universities in London. After my MSc I applied for PSW visa which was granted.

When it recently came to an end, I applied for an MPhil place at one of the Universities in London. I was accepted and CAS granted of which I used to apply for extension under Tier 4. For my spouse and daughter I maintained about £7000 in my account as maintenance funds for 28 days.

However, I recently got a refusal feedback from Home Office(they have also withheld all my documents including passports) on the grounds of:
1. six year degree cap-they told me, MPhil, although its a research programme is at the same level as my MSc taught I obtained previously, so there is no progression unless I was on PHD directly.

2. They also said my £7000 was calculated based on established stay of which I do not qualify since I am coming from Tier 1 PSW Visa. I am supposed to have money like someone coming from outside, i.e multiply by 12 months, which was coming to about £15,000. for me and my dependants plus the outstanding fees from Uni. To be honesty, I was not aware of this rule otherwise I would have managed to keep this money in the account.

I have Appealed-what are chances of success? I have managed to keep the £15,000 in the account while awaiting appeal date. I am 5 months into my MPhil course and the Uni is reluctant to switch me to PHD directly entry. I can not apply to another Uni because my passports are with them. What can I do if I want to re-apply? Any other ways I can re-apply?

Please help!

[Ditima98]

How are you people managing to get on to new courses/CAS after refusal-because by then you do not have passports/visa on which to base your applications to other institutions?

I am looking for an institution which can enrol on phd programme and give me a cas. At the moment, no passport no visa.

Help!