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- Tier 1 (Post-study) category to close on 5th April 2012
Could my application for a post study work visa be rejected?
Waiting to hear back from work permit consultants regarding the outcome of your application for a postgraduate visa? It can be a very worrying time for many people as they wait to hear if they will be granted permission to remain in the UK after finishing a degree or other course.
In line with the new UK Government policy on immigration, those now applying for a post study work visa need to achieve at least 95 points on the new points based system. These points are awarded in correlation to a number of factors such as the individual’s course studied, place of study, immigration status and affluence with the English language. These are only some of the areas work permit consultants will take into account when considering an application though. In this respect, if an individual does not meet the required amount of points, it is unlikely they will have their application for a UK Visa granted.
So can your application for a postgraduate visa be refused and what can you do (if anything) to appeal the decision? If you are refused a visa on the points based system due to your individual circumstances, you do not have the full right to appeal against the decision. In these circumstances you are able to appeal on one or more of the grounds included in Section 84(1) of the Nationality, Immigration and Asylum Act 2002. According to section 84(1)(b) and (c) you are able to appeal a decision if you think it was unlawful or discriminating in regards to Section 19B of the Race Relations Act 1976 or Section 6 of the Human Rights Act.
From time to time, errors may be made when processing an individual’s application for a visa. If you think this may have happened with your application you can request that the decision is reviewed again which is also known as Administrative Review. This process will see work permit consultants look again at your supporting documents and work out how many points you are eligible for as part of the points based system.
Administrative Review is free however applicants requesting their application is reconsidered under this process must do so within 28 days of receiving notice that their visa application has been refused. Please note however that applicants cannot apply for Administrative Review if they are already in the UK.
Although most applicants are honest and hardworking people, some very few groups of people will try to forge documents such as certificates and passports when submitting their application for a visa. If immigration authorities receive any fake or forged documents, the application will be automatically refused with very little chance of the decision to be appealed.
