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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Good morningFollowing on from my query on 01/12/2014, my

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Good morning
Following on from my query on 01/12/2014, my brother applied visa on 08/12/2014 which has now been refused as his spouse's cash wages was not regularly deposited in the bank.
He has not been given right to appeal since his student visa is still valid until 16/02/15.
He is planning to make a fresh application a week before 16/2/15 (date of student visa validity) with recent bank statements. Although the bank statements will not show wages deposits over 6 months but this will show regular deposits since December 2014 i.e. approx. 2 months.
We submitted following documents with the first application
• Payslips months
• 6 months bank statements showing irregular wages deposits
• Letter from employer confirming permanent nature of employment, annual salary and a fact it is paid in cash
• Letter from chartered accountants confirming (a) they process the payroll and prepare accounts employer, (b) The sponsor is on an annual salary of £18,980 and (c) all the staff including the sponsor is paid in cash
• Declaration under Oath by the sponsor confirming the income to be £18,980, payments being made in cash and relationship with my brother
In this instance, I would like to ask the following
a) Is he allowed to make a fresh application on the same basis and will he get an automatic right to appeal if the application is refused.
The refusal will obviously be received after expiry of his student visa and the reason of refusal will be same as first application as all the other documents are in order
b) If the spouse visa is refused; does that mean he has overstayed his visa and will it have any consequences applications visa (either from within the UK or outside)
c) If he has right to appeal and he appeals the decision and this has not been allowed by judge, can this have negative impact on his immigration history and subsequent application
d) Until which date an appeal judge will consider the evidence? The date of UKBA application or date when the appeal is heard
I look forward to your valuable input on this matter.

I would respond to you as follows:

a) yes, he may make a fresh application and he will get appeal rights if his application is refused and if his student visa will have expired by then;

b) no overstay as he will be protected by S. 3C of the Immigration Act which continues his existing student visa until the fresh application is decided;

c) no negative impact by exercising appeal rights;

d)the judge may consider new evidence provided up to the appeal hearing.

Hope this helps and please leave feedback
Customer: replied 3 years ago.

Thank you reply.

Regarding point b on student visa, he is currently not attending college as his existing college licence has been revoked by UKBA.

He is trying to obtain CAS but he only has 3 papers remaining whereas the colleges are requesting at least 4 papers to offer CAS on full time basis.

Will his non attendance to college have any impact as this is not something which is within his control and we have got all the email correspondences with colleges. As mentioned previously, he is applying to switch to spouse visa before expiry of existing student visa.

Your assistance will be appreciated.

Unlesshis student visa has been curtailed, he will not have a problem as he is not to blame college's licence being revoked.

Please ensure you leave feedback so that I am credited answers.
Customer: replied 3 years ago.

His original student visa was valid until 28/02/2015.

The licence was revoked on 03/10/2014. He received UKBA letter on 15/12/2014 curtailing his student visa to 16/02/2015.

He applied visa on 03/12/2014 i.e. after college's licence was revoked but before UKBA informed him of curtailment on student visa.

How does this effect the case?

I will leave a feedback on receipt of your response.

He should re-apply before 16/2/15 in that case to avoid any issues.

All the best
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Apologies late question.

If the appeal has been dismissed by the appeal judge, will he have an opportunity to make a fresh application or he has to leave UK and make an application from overseas.

A new application may be made from within the UK.