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Appealing a Refusal to Grant a Student Visa

By: Louise Smith, barrister - Updated: 10 Sep 2016 | comments*Discuss
 
Appealing A Refusal To Grant A Student Visa

Different rules apply to student visa applicants depending on the type and duration of their course of study. Students who intend to study on a course that will last less than six months may apply under the visitor visa system completing the part of the application that applies to students. Students who apply under the visitor visa system may subsequently apply to extend their stay in the UK if they wish to continue their studies.

In recent years the requirements for a successful student visa application have become much stricter due to concerns that many foreign nationals applying for student visas were either not genuine students or were due to study courses of limited value.

If an application for a full student visa is refused, the UK Border Agency will write to the applicant setting out in full:

  • the refusal to grant a student visa;
  • the reasons for the refusal to grant a student visa; and,
  • whether or not the applicant has the right to appeal against the decision.
If the unsuccessful applicant for a UK student visa does have a right of appeal, the written notice will also inform them how to appeal the decision.

Reasons Why an Application for a Student Visa May be Refused

There are many reasons why an application for a UK student visa could be refused. These could include some or all of the following:
  • The proposed course of study is not provided by a recognised educational or training organisation as listed on the UK's Department for Innovation, Universities and Skills Register of Education and Training Providers.
  • The applicant has failed to satisfy the UK Border Agency that they will be able to pay for their course and support themselves financially whilst they are in the UK.
  • The UK Border Agency officials who considered the application do not believe that the applicant’s real reason for coming to the UK is to study.

Refusal of an Application to Extend Stay in the UK

If a foreign national is in the UK on a student visitor visa they are only permitted to stay in the UK for up to six months. Student visitors can apply to extend their stay beyond the six month period. An application to extend the stay could be refused because:
  • The six month period had already expired when the student made the application to extend their stay;
  • Immigration officials are not satisfied that the applicant has been attending the course that they say they are in the UK to study.
  • Immigration officials are not satisfied that the applicant has been making sufficient progress on their course – for example by passing the necessary exams.
  • The applicant has not provided sufficient proof that they can continue to support themselves financially if they are allowed to remain in the UK.

Applications to the Asylum and Immigration Tribunal

Appeals against immigration decisions made by UK Border Agency officials are made to the Asylum and Immigration Tribunal. The Tribunal will provide a written explanation of their decision, known as a determination. In some cases an unsuccessful appellant may be able to request a redetermination of the appeal. Appellants may represent themselves at appeals to the Asylum and Immigration Tribunal, and the Home Office, which is ultimately in charge of immigration, will be represented by a lawyer or lawyers.

If an appeal is unsuccessful the only UK legal recourse open to the unsuccessful applicant is likely to be by seeking a judicial review. This is a complicated legal process in which it would have to be shown that the public body reaching the decision breached the laws of natural fairness in the way they that they reached their decision.

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Hi i applied for a tier 4 visa but unfortunately, i got refused because i didn't include the transactions in my bank statement, however i did include a bankstatement with money more than The minimum. But because i didn't get to send my transaction papers they assumed that my parents cannot sustain my schooling and expenses. However, a form was sent together with the letter of refusal so that i can apply for an administrative review. do you think i have a good chance of getting a grant?
Jen - 10-Sep-16 @ 3:15 AM
Concerned - Your Question:
I lived in the UK since 2000 - 2004. My husband at that time was British and I received indefinite stay. We had one daughter at the time. Then our second was born in the UK. she was 7 weeks old when I returned to South Africa and am divorced. Would I be able to return to the UK with my new family to live?

Our Response:
If your ILR has lapsed (you can leave the UK for up to two years) you would have to apply for a new applicable visa again. However, you would not be able to apply on the back of your children being British citizens.
AboutImmigration - 1-Sep-16 @ 10:49 AM
I lived in the UK since 2000 - 2004. My husband at that time was British and I received indefinite stay.We had one daughter at the time.Then our second was born in the UK.she was 7 weeks old when I returned to South Africa and am divorced.Would I be able to return to the UK with my new family to live?
Concerned - 31-Aug-16 @ 2:09 PM
My nephew was born in London in 1980 but at that time his parents were not British. Can he still be entitle to British citizenship?
Phylix - 14-Oct-15 @ 4:28 AM
AboutImmigration@ thanks for the answer, reading the guidance notes it says: c) You must meet the immigration status requirement You must not be in the UK as a visitor, or with leave for 6 months or less (unless you are here as a fiancé or proposed civil partner), or here with temporary admission. So I cant apply to this, thanks anyway x
Fio - 23-Sep-15 @ 1:10 AM
Fio - Your Question:
Hi, my husband and I got married this year on march in my country (south america) (we haven't register our wedding in the uk yet), 4 months ago he came back to England as I'm pregnant and he cant speak spanish and so cant support me in my country and I couldnt carry on working, so he got a job and its going to have six months by the end of november but his salary is only 18,000. I'm now in England with a visitor visa that runs off by the end of november as well and my baby is gonna be 2 months old by then. Can I apply for a visa to remain with my baby here as she is going to be british? there is any chance for us to stay together here or do I have to go back to my country and apply for a spouse visa and so my husband has to get an extra job to get more income? thanks for the answer x

Our Response:
You can find out more via the gov.uk link here. You should find your answer within the guidance notes. I hope this helps.
AboutImmigration - 21-Sep-15 @ 12:38 PM
Hi, my husband and I got married this year on march in my country (south america) (we haven't register our wedding in the uk yet), 4 months ago he came back to England as I'm pregnant and he cant speak spanish and so cant support me in my country and I couldnt carry on working, so he got a job and its going to have six months by the end of november but his salary is only 18,000. I'm now in England with a visitor visa that runs off by the end of november as well and my baby is gonna be 2 months old by then. Can I apply for a visa to remain with my baby here as she is going to be british? there is any chance for us to stay together here or do I have to go back to my country and apply for a spouse visa and so my husband has to get an extra job to get more income? thanks for the answer x
Fio - 20-Sep-15 @ 2:10 PM
Hi, I am confused about the maintenance fund (£630 for 90 days). I will have to apply on dependent visa to join my husband currently in the UK on PBS Tier 1(General) visa. I read the rules which say the £630 funds to support me (dependent) should be in addition to £945 he (the Tier 1 Migrant) has to show to support himself. As he is not applying with me and only me applying so does he still need to prove £945 for 90 days? Or it's only £630 for me we need to show for 90 days. Please Clarify. Thanks
shu - 13-Aug-15 @ 12:47 AM
@Carmen - you can check whether you are eligible to apply via the link here. I hope this helps.
AboutImmigration - 27-Jul-15 @ 12:50 PM
Hi me and my partner live in uk since 9 April 2011 and next year we will have 5 years here in Uk . Since we came here we worked, we were both self employed for like 3 years but now we work full time employed can we apply for british citizenchip? We are both romaniens, Thanks Regards Carmen
Carmen - 24-Jul-15 @ 7:37 PM
@nishu - if your visa has expired you could are considered an overstayer, which is something the UKBA has been clamping down on. Illegal immigrants who are identified by the immigration authorities may be banished from the UK for periods of one to ten years. However, visa overstayers may avoid these banishment penalties if they leave the UK within 28 days of their visa expiring. I have included a gov.uk link: 'applications from overstayers (non family routes)', here, which will give you more information along with our partner article, Visa Over-stayers: Are They a Problem? link here.
AboutImmigration - 24-Jun-15 @ 10:45 AM
Im staying in uk since last 5yrs but visa has been expired so how can I apply for citizenship of uk if I want permanent in uk wht is the solution.thank you ,regargs nisha
nishu - 21-Jun-15 @ 3:38 PM
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