My visa was refused and - PDF document

My visa was refused and I have the right to appeal Your appeal deadline You must appeal within 10 days of receiving the refusal notice. Whilst you have the right to appeal your leave is automatically extended and you are legally in the UK. To be on the safe side, you should lodge your appeal within 10 business days of the date of the refusal letter. However, if this is not possible, you can appeal within 12 days of the date of the refusal notice (as you can add 2 days for posting as any document sent by post from and to a place within the UK is deemed to be served on t he second day after it was sent). If this is not possible to appeal within 10 or 12 days of the date of the refusal notice, because there was a delay in receiving the letter, you can appeal within 10 days of the date according to the recorded delivery date. You should keep the envelope in which your refusal notice was sent so that you can proof when you received it. If the refusal was incorrect , y ou should lodge an appeal. An immigration adv iser may be able to assist you. If the refusal was correct and you want to make a fresh application : You will need a new CAS for a fresh application. Your previous CAS has been used and is no longer valid. You will need to show the higher maintenance amount (£5400) even if you were previously eligible for the lower maintenance amount Option 1: L eave the UK before the appeal deadline is up and before becoming an overstayer . M ake an applic ation in your home country. You will either need the permission of your department to take leave during term - time. If you cannot take leave during term time, you might be required to take leave of absence and defer your studies. Option 2: Leave the UK within 28 days of the date of the refusal notice. Make an application in your home country. Although you will have become an overstayer, you will NOT face an automatic entry clearance refusal in the future if you have left the UK within 28 days of the refusal notice. If you cannot leave the UK within 28 days of the date of t he refusal notice, you can leave the UK within 28 days of your appeal deadline. In this case you should ask your Adviser to write a supporting letter for you. If you leave the UK voluntarily after 28 days of your appeal deadline, any entry clearance applic ation will automatically be refused for 1 year counting from the date you have left the UK. Option 2: If you do not wish to leave the UK and you do not wish to appeal you can make an application i n the UK before overstaying more than 28 days. Important note: This means you will always have to declare that you have overstayed in an y immigration application forms (on the Tier 4 form, question D10 you must tick “yes” and give details in D11) and as an overstayer you will have to show the higher ma intenance amount, even if you previously qualified for the lower maintenance amount. YOUMUST CONTACT THE LOCAL ENFORCEMENT OFFICE BY TELEPHONE 0114 207 2892 WITHIN 10 DAYS OF THE REFUSAL NOTICE AND INFORM THEM THAT YOU WISH TO MAKE A NEW APPLICATION. A: I f you meet the requirements (e.g. you have at least £5400 plus outstanding tuition fees in your bank account for 28 days ) before overstaying for more than 28 days and you can attend an appointment in person before overstaying for more than 28 days: M ake an application in person and attend an appointment before overstaying for more than 28 days. To our knowledge students are seen at the public enquiry office, even if their visa has expired. However, this practice is not consistent and some Universities have reported that their students were turned away if their visa had expired. Unfortunately we are unable to confirm or guarantee that you will be seen, even if you have booked an appointment. If you make an application and it is successful, you can stay in the UK and you will not face any automatic entry clearance refusals in the future. You have still been an overstayer and must declare this on immigration application forms. If you are not su ccessful, you have no right of appeal and you should go home before overstaying for more than 28 days . B: If you cannot make an appointment in person within 28 days of the appeal deadline: Option 1: leave the UK and make an application in your home count ry before overstaying for more than 28 days. Option 2: Submit an appeal, even if the re is no strong case. Whilst the appeal is pending, your visa is automatically extended. You can use the time whilst the appeal is pending to ensure you meet all the Tier 4 requireme nts. Once you have received the decision that the appeal was unsuccessful , you should apply for a visa in person and attend an appointment in person within 28 days of the appeal decision. C: If you submit an application by post rather than att ending an appointment in person or you are attending an appointment in person more than 28 days after the date of the refusal notice / 28 days after the appeal decision: By the time you will have the decision you will have overstayed more than 28 days. Thi s means that if the application is not successful, you will have no right of appeal and will face automatic entry clearance refusals for a time of 12 months from the date you leave the UK. You might be able to apply again in the UK but this is risky as you face removal if you overstay for a lengthy period of time. We w ill only give you a CAS for an application in the UK after a 2 nd refusal if we have the permission from UKBA.