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Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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hi i applied for my visa extension last march 31,2010 since

Customer Question

hi i applied for my visa extension last march 31,2010 since my visa expires on the 8th of april 2010, last may 18 2010 my visa application was refused on the grounds that my tier4 sponsor did not show on my cas number on how they assesed my english level. I appealed and submitted my english exam result which was taken june 18, 2010. The immigration judge write in my letter "however i would urge the respondent to show leniency to the appellant should she wish to pursue any future application under paragraph 245ZX(c) of the immigration rules. As it is clear that she hs spent a great deal of money on her studies during her stay in the united kingdom, has complied throughout her sty in the united kingdom with the immigration rules and it is only through an oversight that she failed to produce the relevant documentation within the time limit which has resulted in the current breach of the rules" and in the paragraph it says that my appeal was refused. Please help me on what to do... shall i re apply and get new CAS number?. I received the letter july 7 and i don't know if how days am i allowed to do my reapplication if ever. thanks
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Paul Richmond replied 6 years ago.

Thank-you for your question. Tier 4 student applications can be made either during a period of existing leave or after a period of leave has expired. This follows from the requirement in rule 245ZX(b) that "the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain [in one of various categories of which student is one]". Therefore you are entitled to submit a new application. There is no time limit for you to do so. However, one of the substantive requirements for leave to remain as a Tier 4 student is that "The applicant must not be applying for leave to remain for the purpose of studies which would commence more than one month after the applicant's current entry clearance or leave to remain expires" (rule 245ZX(l)). Therefore in order for your application to succeed, your course of study must not commence more than one month after the expiry of your current leave to remain in the UK.

 

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Expert:  Paul Richmond replied 6 years ago.
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