How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

Hello I need your kind advice, I instructed a solicitor to

Customer Question

Hello I need your kind advice, I instructed a solicitor to submit an application to the UKBA for a extension of stay to facilitate my current studies at university however I am of the view that my instruction was not followed by the solicitors as it would appear that they had submit an application for leave to remain under Article 8, and not for an extension of stay to facilitate my studies. now the ukba had refused that application and my studies are not finish and the ukba give me no right of appeal.

my question to you is what action if any I could to take regarding this matter as it relate to the solicitor not fallowing my instructions and the fact that I am now an over stayer can I just resubmit an application with a cover letter staying the fact that the solicitor did not fallow my instructions and also in-regards XXXXX XXXXX current status what could I do to finish my studies which finish at the end of this year..
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

1. If you feel that your instructions were not followed then you would be able to complaint against the particular solicitor, by using the firms internal process. The complaints procedure should be stated in the firms terms of business or you can call the firm and address your complaint to the office manager or complaints officer.

2. The fact that your application was refused due to an incorrect application being submitted by your solicitor would not need enough for you to be issued a visa solely on this basis. You would have an option to complaint against the solicitor but not grounds to be granted permission to remain in the uk on the basis that your solicitor didn't follow your instructions.

3. If you are now an overstayer then you would no longer be seen as a continuing student and are unable to continue studies at your current college or university. If you do submit an application it would be advantageous a new student and you would need to submit maintenance as a if you were applying from the beginning ie having at least 7200 in your account for the required period.

If you submit a covering letter stating that your solicitor made a mistake as mentioned this would not be enough for the home office to issue you with permission to remain in the uk. You would apply as an overstayer to study in the uk asking the home office to exercise their discretion to grant you permission to remain in the uk to study and complete your course. You need to basically point out other factors as well as the fact that your solicitor didn't follow your instructions to persuade the immigration officer to exercise their discretion.

Provided that you meet the maintenance requirements and the home office feel the reasons you have mentioned are enough, they would exercise their discretion allowing you to finish your course. An application as a tier 4 students would be your best option to finish your studies.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards

Related UK Immigration Law Questions