Refusal Of Student Visa For Thai Citizen To Study In Uk

[camerata]

A colleague applied to do an English course in the UK (includes working) and was turned down without an interview. Main reasons given were they were doubtful her sponsor really had the money to pay, they didn't see why it was necessary to go overseas to learn English, they didn't believe she'd come back to Thailand, and her stated reason for doing the course didn't correspond with her university study course. An obvious point I noticed was an agency filled in the application form for her and made a terrible job of it. Also, the documents returned to her excluded the financial sponsor letter and bank evidence, which is odd. Plus I guess it seems strange that someone would give up their job in the middle of a global recession.

Anyone know if an appeal has much chance of success, if it's a lengthy process and if it involves an interview?

[wasabi]

A colleague applied to do an English course in the UK (includes working) and was turned down without an interview. Main reasons given were they were doubtful her sponsor really had the money to pay, they didn't see why it was necessary to go overseas to learn English, they didn't believe she'd come back to Thailand, and her stated reason for doing the course didn't correspond with her university study course. An obvious point I noticed was an agency filled in the application form for her and made a terrible job of it. Also, the documents returned to her excluded the financial sponsor letter and bank evidence, which is odd. Plus I guess it seems strange that someone would give up their job in the middle of a global recession.

Anyone know if an appeal has much chance of success, if it's a lengthy process and if it involves an interview?

Unfortunately with a response like that the bar has been raised higher for your colleague to apply again. They need to overpower them with compelling evidence contrary to their suspicions. I think this is a task for a good lawyer.

[Electra]

She hasn't got any appeal rights. She can ask for an administrative review but since this will be conducted by the entry clearance manager either here or at another post it is unlikely to succeed for obvious reasons. The review isn't statutory and will inevitably reflect the interests of the UKBA and not of your acquaintance.

[spongeman]

She hasn't got any appeal rights. She can ask for an administrative review but since this will be conducted by the entry clearance manager either here or at another post it is unlikely to succeed for obvious reasons. The review isn't statutory and will inevitably reflect the interests of the UKBA and not of your acquaintance.

At the moment over in this part of the world they are refusing student visas/ work permits / green cards, due to the recession. I know people who have applied for all three and have given everything except their kidneys, and still were refused. Two years ago they would have got them no problem.

Edited April 17, 2009 by spongeman

[martyboy]

The problem I am afraid, is historical and your friend is suffering the consequencies. Successive governments over the decades have allowed mass and unchecked immigration into the UK and we are starting to see the unfortunate consequencies. I remember in 1975, over 30 years ago when I was training in law I was often asked to process illegal immigrant/visa overstayers applications for naturalization. I once asked a woman at the Home Office Immigration Department at Lunar House (Lunatic House) how many illegal immigrants did she estimate were in the country. "We haven't got a clue" was her answer. How many more have there been in the intervening thirty years?

The Government can now see how this indifference has resulted in arguably Europe's highest number of illegal immigrants; spurious asylum seekers; drug traffikers; Russian and eastern European prostitution racketeers; and fugitives from foreign justice etc. etc.

[grahamhc]

>>>>>>>>

and fugitives from foreign justice etc. etc.

Thaksin is not in the UK any more. His visa was revoked !

[martyboy]

>>>>>>>>

and fugitives from foreign justice etc. etc.

Thaksin is not in the UK any more. His visa was revoked !

And Pinocet! (excuse the spelling) and others who are now living here in exile. Their names escape me but they have been mentioned in the news recently.

[camerata]

She hasn't got any appeal rights. She can ask for an administrative review but since this will be conducted by the entry clearance manager either here or at another post it is unlikely to succeed for obvious reasons. The review isn't statutory and will inevitably reflect the interests of the UKBA and not of your acquaintance.

The form calls it an "appeal," and says she has the right to appeal within 28 days from the date of the refusal. As Wasabi mentioned, the requirement is for some pretty strong evidence as to why the refusal might have been wrong, and I doubt she can come up with it. In particular, how do you prove you intend to return to Thailand?

[martyboy]

Quote - "how do you prove you intend to return to Thailand"?

If our governments over the decades had emphasised these few words we wouldn't have the problems we have now.

I find it amusing that a Thai's intention to return to Thailand should be questioned. Why in Heaven's name would she want to stay here?

Edited April 19, 2009 by martyboy

[Electra]

She hasn't got any appeal rights. She can ask for an administrative review but since this will be conducted by the entry clearance manager either here or at another post it is unlikely to succeed for obvious reasons. The review isn't statutory and will inevitably reflect the interests of the UKBA and not of your acquaintance.

The form calls it an "appeal," and says she has the right to appeal within 28 days from the date of the refusal. As Wasabi mentioned, the requirement is for some pretty strong evidence as to why the refusal might have been wrong, and I doubt she can come up with it. In particular, how do you prove you intend to return to Thailand?

Was the application submitted before 31/3/09? Student applications made after that date will be considered on the points based system and do not attract a statutory appeal right.

The UKBA has to be satisfied that on the balance of probability the applicant meets the requirements of the rules. Translating that with reference to her likelihood of leaving the UK at the conclusion of any studies means that she would have to demonstrate evidence of a commitment to a life in her own country balanced against that which she may pursue in the UK. Does she have a career path already established in Thailand? Do the proposed studies complement this and are they of a nature that cannot be reasonably found in her own country? Is the expenditure commensurate with her own economic background which may afford her a standard of living broadly equivalent to that available in the UK? Has she strong family ties in Thailand necessitating her return or has she formed her own bonds?

The list is not exhaustive but most applicants able to demonstrate these incentives to return should be successful. The existence of a UK sponsor/Lothario adds another dimension of course.

Edited April 19, 2009 by Electra

[loganberry]

It is an extremely common occurence. The UK has recently revamped their immigration policies and they have something called a Tier 4 Point-Based application system whereas your application is approved or rejected based the the "points" you receive in your application and quality of supporting documents. My wife owns an educational consulting firm in Bangkok along Asok Road that is good at getting those applications considered to the fullest and without mistakes that could be interpretted wrong by the UK Clearance Officers. The company is called Nonpareil Education and their website is www.nonpareileducation.com. Send your friend down there or have him/her call them and see how they can help. The service is completely free to students. No service charges or fees paid by students whatsoever. They should be able to get your friends visa cleared.

[Electra]

It's a charity then?

How is it funded?

[snuggzzz]

Further to previous posts....... the educational sponsorship organisation must be approved by UKBA. As from 1st April 2009 the system that has been operating in the UK for the last 45 years has been radically overhauled.

[camerata]

Was the application submitted before 31/3/09? Student applications made after that date will be considered on the points based system and do not attract a statutory appeal right.

Yes, it was before that date. However, with typical Thai optimism she's decided to apply again immediately rather than appeal, because an appeal would be slower. Apparently, the course she previously applied for was 20% study and 80% work, so she's going to switch to one with a 50/50 ratio. I don't think she has much chance, though, particularly as she doesn't want to use an agency this time.

[bkk_mike]

One other thing that might help. Check if the school is on the British Council list.

i.e. there are a lot of language only schools where because they're not on the list, although a student is accepted for entry, they can't get a visa for it as immigration, fairly or not, treat it as simply a scheme to work in the UK rather than study.

[camerata]

It's definitely on the BC list.

[7by7]

I think the main reason for this refusal can be seen in

an agency filled in the application form for her and made a terrible job of it.

Immigration appeals are a lengthy process, at least 6 months probably more. Any appeal should only be undertaken with the help and advice of a suitably qualified lawyer/advisor, such as Davis Khan.

Although she can submit another application while waiting for the appeal (and withdraw one if the other comes through first) such an application is bound to fail unless she satisfactorily answers all the points raised in the original refusal.

Further information on appeals can be found on the AIT website

Edited April 21, 2009 by 7by7

[Eff1n2ret]

Was the application submitted before 31/3/09? Student applications made after that date will be considered on the points based system and do not attract a statutory appeal right.

Yes, it was before that date. However, with typical Thai optimism she's decided to apply again immediately rather than appeal, because an appeal would be slower. Apparently, the course she previously applied for was 20% study and 80% work, so she's going to switch to one with a 50/50 ratio. I don't think she has much chance, though, particularly as she doesn't want to use an agency this time.

I'm not surprised she was refused if she appeared to have the expectation that she could go to the UK as a student and spend 80% of her time working. The requirements are to be enrolled on a "full-time" course which includes a minimum of 15 hours day-time classroom study, and as an incidental there is a permit-free concession for those on student visas to work "part-time", which is defined as no more than 20 hours per week - and the earnings therefrom should not be counted towards the funding of the course or accommodation and support, although once they are in the UK caseworkers don't usually make this distinction when looking at applications for further leave.

It has been a laughably lax system, but ECOs have tended to cast a beady eye over applicants for English courses particularly in places like Bangkok, where there are loads of English courses available.