Go to topIt is for the general information that there is huge number of people who apply for UK visa in different categories. Among these student visa is simplest of all which also give you a chance to work in UK (20 hours per week maximum). In other categories the rules are tougher therefore many people apply for student's visa to maximize their chances of departure to UK. Their intentions are not to study but work or to do other business. UK's economics is rich and attracts many (opportunists) people from developing countries. Keeping this factor in mind the interviewer will try to ask several questions to ensure if your intension are genuine or not. This could be problematic for genuine students who do not know the intensions of the visa interviewer. Therefore many students get confused and nervously reply and sometime their statements are incorrect when compared to their written statement. These increase the chances of refusal. Because it is the duty of interviewer to seek honest and unbiased opinion of the candidate. Failing to receive satisfactory statements, the interviewer stamps REFUSED stamp on candidate's application form. However, this is not the end of the world. You have right to appeal and with proper guidance you will get the visa. Many do not bother to appeal and think that they will apply fresh, next time. Point to remember is that all your details are saved in their computer. Next time they will start from the same point but with great suspicion that last time you were unable to make it and perhaps now you got some other ideas do it. It is therefore in your favour to appeal against the decision of visa officer and get it done where you can decide the date to travel abroad.
Sindh2uk offers you friendly advice on this issue. There are two versions of it. It is suggested to read both official and unofficial version before you appeal
Official advice (read every word first) Guidance - Appeals (INF 20)
Visa service from Sindh and Pakistan Information leaflet
What is this
guidance about?
This guidance explains who has the right of appeal if their visa or other
entry clearance for the United Kingdom (UK) has been refused, and how to make
such an appeal.
Family visit - if you are visiting close family members in the UK
Children and dependent relatives - to settle in the UK
Husband, wife, fiancé or fiancée - to settle in the UK
Student - to study for more than six months in the UK
Working holidaymaker - to look for or take work as part of a working holiday in the UK
Au pair - to live and work part-time for pocket money, with a family in the UK
Work permit holder - to work full-time in the UK
Minister of religion - to work full-time in the UK in a religious capacity
If we refuse your visa
application and you want to spend more than six months in the UK, you may also
have the right of appeal. The Entry Clearance Officer (ECO) will tell you if
you have a right of appeal and give you the appeal forms you need.
How do
I make an appeal?
If you have the right of appeal, the ECO will give you three documents.
The written Notice of Refusal (this tells you why the ECO has refused your visa).
The Notice of Appeal form AIT2 (you must fill this in to explain why you think the ECO was wrong to refuse you a visa).
A leaflet explaining how to fill in the Notice of Appeal form.
You can lodge your appeal directly with the Asylum and Immigration Tribunal (AIT) in the UK or you can send your appeal form to the overseas visa section where your visa was refused. The visa section will then forward it to the AIT in the UK. You cannot do both.
You must send a copy
of your Notice of Refusal with your Notice of Appeal form.
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Is there a time limit?
Yes. You must fill in and return the Notice of Appeal to the AIT or the
British mission overseas where your visa was refused no more than 28 days
after you receive the Notice of Refusal. If the refusal notice is posted to
you, it is assumed that you will have received it 28 days later. The 28-day
time limit to send your appeal starts from then. We will only extend the
deadline in exceptional circumstances.
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How much does it cost?
There is no charge for appealing against your visa being refused.
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Who decides the outcome of an appeal?
Appeals are heard in the UK by an Immigration Judge.
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If the ECM does not overturn the decision, an ECO will write a statement to explain in greater detail the reasons for refusing your visa. This will be sent with all your papers (the appeal bundle) to the AIT.
When the visa section
receives the Notice of Receipt, they will prepare and send the appeal papers
to the AIT within 20 working days for non-settlement cases and family visit
cases. For settlement cases, they will prepare and send the papers within 60
working days.
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An Immigration Judge will
hear your appeal in the UK. When considering an appeal, the Immigration Judge
will look at all the evidence sent in by your representative, as well as by
the Home Office. The judge will decide your appeal on the individual details
of your case and in line with the Immigration Rules.
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Asylum and Immigration Tribunal
Arnhem Support Centre
PO Box 6987
Leicester LE1 6ZX
United Kingdom
Tel: (+44) (0)845 600 0877
Fax: (+44) (0)116 249 4130
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The IAS can help you to decide whether or not to make an appeal. It can also represent you at an appeal hearing.
3rd Floor, County House
190 Great Dover Street
London SE1 4YB
Telephone: (+44) (0)20 7967
1200
Duty office (open 24 hours a day): (+44) (0)20 8814 1559
Fax: (+44) (0)20 7403 5875
Email:
advice@iasuk.org
Website: www.iasuk.org
The IAS also has offices in Birmingham, Cardiff, Gatwick Airport, Glasgow, Harmondsworth, Heathrow Airport, Leeds and Manchester.
You may be entitled to have your representative paid for by the Legal Services Commission’s ‘Community Legal Service’ (CLS).
To find out if you qualify for this funding, contact:
Community Legal Service Policy Team
Legal Services Commission
85 Gray’s Inn Road
London WC1X 8TX
Tel: (+44) (0)845 608 1122
Please do not send your
appeal to the Legal Services Commission. You should always send your appeal to
the AIT or the British mission overseas where your visa application was
refused.
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Alternative formats
In the UK we also have versions of our guidance notes in Braille, on audio
tape and in large print. If you would like any guidance notes in one of these
formats, please contact:
UKvisas
London SW1A 2AH
Phone: (+44) (0)20 7008 8308
Email:
www.ukvisas.gov.uk/enquiries
If you have read above official notes then you may not need any further information on 'How to appeal' or 'Where to appeal'. However the following section will provide some useful tips to avoid failures in appeal.
It is observed that there are many solicitors and clever people who advise the candidate to handover their cases to them and they will FIGHT for their right and will get their visa. For this they charge a fee, about Rs: 30,000 to 50,000 (min). Well, honestly, they do not do anything special for you. They ask you all those things that are necessary and get all the documents which are required and go to represent your case. Remember they DO NOT BRIBE OFFICIALS. If you have confidence in yourself then there is no difference if you apply yourself and represent your case instead.
You must read the refusal points very carefully and try to answer all those points very clearly such that there will not remain any doubt at all. To ensure this please consider following tips.
Funds or Finance is the TOP MOST priority. Visa officer has No.1 priority to ensure the necessary funds available for your study, travel, living abroad. They can phone the Bank anytime to confirm the Bank statements or financial document that you have provided.
In appeal provide all the TRUE COPIES of documents (i.e. not photocopied or attested copies).
Provide all the documents which are asked or demanded or you think are necessary to support you statements in appeal.
Don't worry if your statement in appeal is different from the original visa application form. Try to give correct version of statement. Support the change of statement with documentary evidence.
Relationship of Sponsor is not important but Visa officer wants to ensure that after completion of your studies you WILL NOT STAY FURTHER in UK. This is because of the reason that UK is social welfare state where state has responsibility for public wellbeing (i.e. Medical, living, jobs etc). The government provides funds to the public when they need it. Therefore if you plan to over stay then it may create problems for UK government. In this context, if your sponsor is relative to you and lives in UK the there are more chances that after completion of your studies you will try to extend over stay. There is huge problem in UK with this condition where people live there illegally as they know that officially they might be refused if apply. This is why visa officer can refuse your visa if officer was not satisfied with your statement and future intension.
If your sponsor is in UK then it is again suggested that your sponsor should represent your case. This will increase the chances to get 'allowed' stamp on the appeal. Many people prefer to handle this by private solicitors which is good if you or your sponsor has low confidence. Otherwise you can bring someone as a translator (i.e. spouse/relative/friends etc) who may translate English to Sindhi or your language to avoid misunderstanding.
Once you receive the letter send copies of the documents ASAP to the 'representative officer' and to all others who are mentioned in the letter. If your representator or sponsor is not living in Sindh then he/she should send the letter to the court that he/she will represent the case NOT the candidate. This is very important to tell the court that who is going to represent the case. In case of your own country you may need to present at regional office at Karachi or Islamabad.
One last bit. You should appeal as it is your right. There are more chances of success than refusal. The chances however depend on your documentary evidence and their strength. For example if your sponsor is NOT WORKING then you have to provide HOW sponsor got huge sum? What is the nature of job, workplace, registration, ownership, tax payment receipts etc.
If you have mentioned married then must supply the TRANSLATION of the TRUE copy of NIKAH-NAMO or wedding document. same applies to other non-English documents. The translator should be the authorised translator for British Council. In UK there are many community organised solicitors (visit your local Library for more details) They cost you only £10 for this translation where private solicitor may charge more than £60 for the single page. In case of Sindh or Pakistan please obtain a translation from any Public Notary. However, these can or should be officially attested from information councillor. For further information please visit Information Councillor office at Camp Office Karachi, Main Shahrah-e-Faisal, Adjacent to FTC building Karachi, Phone: 021-920498. For all other cities of Pakistan <click here> and India click here
If you need further information or advice on this issue please send an email to sindh2uk describing details, we will try to keep your particulars confidential and provide you with necessary advice to support your entry clearance visa without additional cost.
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