Dear Sir,

I am in UK as a student and applied for student visa extension. I came to UK to study Msc in IT at Staffordshire University. I failed in my dissertation and was awarded only a Post Graduate Diploma in IT. Meanwhile I joined for a P G Diploma in Management with a college and applied for the extension of my visa. My application was refused stating that I have breached the immigration rules. I have been given an appeal right. I need your advice as to what should I do now.

Jairaj, Stoke on Trent.

Dear Jairaj,

Without seeing the refusal letter I will not be able to give an accurate view. From my experience I guess that the UKBA has refused your application on the basis that you have joined a course before a CAS letter has been issued for that particular course. We have recently seen a lot of refusal in the student visa in the above way and in one of our cases the UKBA withdraw its decision while in the Immigration Tribunal and granted the student the visa. As per the new Borders Act you cannot start studying for a course while you are in the CAS of another sponsor and had left the sponsor. You have informed me that you completed your P G Diploma with Staffordshire University. Therefore without seeing the details of your new admission dates I cannot make a precise analyse of your case. Normally the UKBA will send a copy of their decision in detail why your application was refused if you appeal the decision. Therefore I recommend you to see a solicitor as early as possible and lodge the appeal with the Asylum and Immigration Tribunal.

Paul John