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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13323
Experience:  Solicitor
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My partner is an Egyptian national who is a student in America.

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My partner is an Egyptian national who is a student in America. He plans to transfer to the UK from Boston to continue his postgraduate study. He has a place and he has a scholarship and is due to start on January 24th. He applied for a tier 4 student visa in early December from America. It was refused on 21st December because the bank statement he supplied was not stamped by his bank in Egypt. He resubmitted an application online on December 27th this time applying via Egypt because his student accommodation expired in Boston on December 29th and so he decided to return to Egypt to do the new application. He flew back to Egypt from Boston on 30th December arriving in the UK on 31st to wait for a connecting flight to cairo in the afternoon. We wanted to try to meet while he was in transit in London and so he requested a transit without visa waiver. They said he was qualified until they realised he had recently been refused a visa. He has his appointment for the visa application in Cairo tomorrow morning and is now terrified that this refusal to get the transit visa for 12 hours on 31st will cause problems with his application tomorrow. If this application is refused this ends his studies and loses his scholarship. We wonder if we should write a note explaining this attempt to enter the UK on 31st and put it with the application. Also will this jeopardise his position, if so is there anything we can do?
A second concern is that his CAS is addressed to him in America not to his address in Egypt. Will the entry clearance officer have a problem with this?
Thank you so much for any advice.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
Hi thanks for your question. I am afraid there is not clear answer to this. Technically it should not make any difference as he has not been in breach of the immigration rules simply had applications from outside the uk rejected. I am not surprised that his transit visa was rejected given the prior refusal. You need to bear in mind that there it is now openly acknowledged by the government and the Border Agency that student visas have been widely abused so such applications are regarded with great deal of suspicion at the moment. He needs to make sure he has all the necessary supporting documents correctly produced and a full explanation for the failure of his previous application. I am slightly surprised that the sole reason for refusal was the non certification of his bank statement was that the only reason? If he evidence of means a clear offer of a place and a scholarship from a reputable Uk university he should not have too much problem. Evidence of funds is crucial however he must be able to show he can support himself so they do not think his real purpose is to work.
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