I am sorry but I am not willing to believe that your friends met the requirements of rule in place at the time of application, and HO decided to consider under new rules. HO does not pick and choose which rules to apply. They apply the rules that were in place when application was submitted. Then there is further problem with the course your friend is attending. I have a feeling that your friend exactly knows why his application was refused and he knows too that he cannot win an appeal, as he will have nothing to argue in appeal. You only win an appeal if it is proved that home office made a mistake. You do not win an appeal just because you have decided to appeal.

Child born in UK will have no impact in their favour whatsoever. There is no point even thinking about trying to argue this.

The best way would be that your friend starts another study course in UK which allows him to get visa. This application must be submitted within 28 days of refusal, othewise the application will automatically fail because of  being out ot time.

If they decide to overstay, then it will only result in hardship and misery for the rest of their stay in UK

regards

Thank you very much for your reply.

I might have been the one who got the reasons for refusal wrong, as I had already written here before I had all the facts. My apologies.

My brother in law said that the refusal was based on him having £13,200 (excluding his school fees which if added to his account would come up to £18,000)on his statement, and 10 points was deducted from his points. I'm afraid I don't know how the point based situation is calculated, but his argument was that he was suppose to have £15,000. He argued that they disregarded his school fees which was suppose to be part of it. Now I don't know if that is the case, I'm going by what he told me. That is the first reason.

The second reason for refusal according to him was that when he entered this country to get his maters and then when he wanted to do another course unrelated to what he studied was told he had the option of working his way up, so he started from the beginning as a student working his way up to this level (again I don't know what this means) but the refused saying that he had already reached this level, he is saying that they gave him this option in the first place, meaning that he can forgo his first masters as it doesn't count to the type of visa.

He has been given 10days to appeal instead of 28days so, all these is a bit complicated and he believes and insists that he met every requirements. so has a case for appeal?

10 days are given to appeal. 28 days is the maximum one can stay without a visa without having adverse effects on immigration history.

If your friend thinks he is right, then he must file appeal immediately. If he cannot handle it himself, he should get help from an immigration solicitor. He should file appeal within time, and he can then look for a solicitor if he wants to.

regards

Thank you Mr Lookforward,

I have relayed your advice to him and it is truly appreciated. Thank you once again.

I'm really sorry if I anyone has asked this question before, My sister is married to a point based migrant on tier 4, which I gathered is a student visa.

She came to the UK to be with her husband on 2009 and they had a baby son on 2010, now her husband has been refused visa on the course he was doing...usually he has been granted visas for most of the courses he was doing and for some reason this time around he was denied visa, their reason being that he had insufficient funds and also the fact that he should be doing a phd course rather than a what he is doing now...Now he made this application sept 2012 and the refusal came just 2days ago.. according to him when he made the application he had the right funds that was required but it seems that they made their decision based on the new rules.

My sister is distraught as she is a medical doctor back home in Nigeria and was hoping to have her passport to be able to take her exams so she can start practising as a doctor. she is my younger sister and her worry is my worry :(

What are their options? and  does the fact that she had a child born here make any difference?  Would really appreciate all your help. Thanks