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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Just wanted to ask if a student making a student visa

Customer Question

Hi there
Just wanted to ask if a student making a student visa application outside the uk, will have their visa decision affected, if
previously they had an unsuccesful application under article 8 - staying in the UK based on humanitarian grounds whilst they were in the UK .
They studied in the UK for 5 years before making application under article 8.
They are making the application from Tanzania
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

Thanks for your question.

The fact that you have previously been rejected on an article 8 basis does not mean that you will be automatically rejected.

However, if your previous application contained any elements or statements which the home office considered deceptive then this would be held against your new application and it would be likely to be rejected.
Assuming that there was no deception the home office may be somewhat concerned that this student visa application is effectively to secure leave to remain in the UK for the purpose of staying here permanently. Essentially this means that they may consider that you are an increased risk of an overstay.

So, you would have to reassure them in your statements nad evidence that this is a genuine application for a student visa in order to study the course you are taking. It would also helpful if you were able to show that you have obligations outside of the UK which will compel you to return at the end of the visa.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Hi Tom,
Thank you for your response, I had some follow up questions and wanted to elaborate my situation in details and get some professional advice from yourself as to what steps I should take.I had a Tier 2 General visa that was valid from the 22nd August 2014 till 14th November 2017.
I resigned from my role on the 15th of December 2014 as my employer was not complying with the terms of the employment contract and my working conditions had become extremely difficult, I was informed on my Tier 2 Letter from the Home Office that it was my employers responsibility to inform them of any changes in my circumstances.-However as I had not heard from the Home office by 30th January 2015, I sent them a document informing them of the changes in my circumstances as well as returned my Tier 2 BRP voluntarily, as ai did not want to breach any Home Office rules.On the 10th March 2015 I received a Curtailment letter from the Home Office, that gave me time till the 09th May 2015 to submit another application or leave the country. I also had numerous job offers and prospects but was unable to get a COS from prospective employers due to Tier 2 requirements of the employer providing a RLMT (as I was now on a Tier 2 visa) evidence of which I also provided in my FLR(O) application.I therefore submitted a FLR(O) application on the 07th May 2015 on the basis of my Private life, so that I could still try looking for companies within my field that might be able to provide me with COS or apply for a PhD in which I had a genuine interest, as I know the time and commitment it takes. And I wanted to make an informed decision to further progress my career within Scientific Reserach in the UK.However my FLR(O) application was refused and I was required to leave the UK, this decision was made on the 10th September 2015, I received the decision on the 14th September 2015.Not wanting to break any rules, I elected to depart the UK voluntarily and informed the Home Office of my decision and travel dates, as soon as I received the decision. I was informed by the Home Office advisor that since I had informed them soon as I received the notice I had not overstayyed and if I were to make any future applications from my home country as long as I met all the criteria and complied with the rules, my application will be considered as normal.I received a Voluntary departure letter from the UKBA on 15th October 2015 and I left the UK on the 30th October 2015.I have now applied for a PhD under Tier 4 general student visa as I am keen to persuade my PhD and further my career prospects as the field for which I have applied is an area of particular interest to me, I wanted to find a course that I would enjoy working in and that is why I did not rush into applying for a PhD straight after my Masters, and took some time out until I found a programme that I would enjoy researching on.I do not want to get my application rejected by the UKBA as I have not used any deception and have always been honest about my situation. I have also attached my home office documents for you to assess and I would really appreciate your council and advice on what steps to take?
Expert:  Thomas replied 1 year ago.

Hi,

I cannot review the documents and give you specific advice because this forum is for general answers only. If you want specific legal advice on the home office documents then you would have to instuct a UK based immigration solicitor in the normal way and pay their fees (much more expensive that this sevrice).

However, if you have not used any deception then it's not likely that the application would be held against you and your new tier 4 application will be considered as normal.

Please remember to leave feedback using the stars at the top of the page.
Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi ThomasI wanted more of a specific answer, thanks for the general reply though
Expert:  Thomas replied 1 year ago.

You would have to go to a local solicitor to get specific advice I'm afraid..

Customer: replied 1 year ago.
Thanks , I have rated your service
Customer: replied 1 year ago.
Dont you offer specific advice as you're a lawyer too ?
Expert:  Thomas replied 1 year ago.

Not on this forum I'm afraid and I can't accept private instructions from customers of this site.

I am sorry,