Refusal based on Genuineness for Entry Clearance Applications - Student Visa
Refusal based on Genuineness for Entry Clearance Applications – Student Visa

Genuineness is vital in every aspect of life. The same principle applies to the Entry Clearance procedure for international students planning to come to the UK. Unfortunately, the burden of proving genuineness lies on the applicant. So, caseworkers can refuse applications based on mere doubts of genuineness. Some of the best immigration solicitors in London says that even the smallest of mistakes, omissions or inaccuracies could lead to refusal based on genuineness. Here’s what any student applicant needs to be careful about while applying.

Immigration Solicitors in London explains the term “Genuine Student”?

A genuine student is someone who satisfies the Genuine Student Rule and passes the genuine student test beyond the balance of probabilities. In simple terms, the applicant should be able to prove that he/she honestly plans to come to the UK for studies.

In usual circumstances, the assessment is completed only after conducting an interview of the applicant by the caseworker. However, the application can be refused without an interview in the following two situations:

  • the application has been refused previously on genuine student grounds, there have been no changes to the material circumstances,
  • there have been a significant number of identical or very similar non-genuine applications,

“The Genuine Student Rule” by Immigration Solicitors in East London

The genuineness of international student applicants are assessed using the following non-exhaustive list of factors affecting credibility:

Immigration History

This comprises all information relating to the applicant’s immigration history and any dependant in the UK and other countries. Purposes of previous visits, types of visas, its compliance, reasons for refusals, if any, etc., will be scrutinied.

Education History

The demonstration of an academic progression coupled with commitment, the reasons for any gaps, reasonable research and idea relating to the new course are necessary.

Other matters include comprehending the expected benefits of the course when viewed in conjunction with the significant costs involved, the motivation to choose the particular university in the UK, how it is distinct from other possible Universities in the UK and elsewhere and so on.

In addition to the above, it is advised to do a little research as to the living arrangements in the UK during the course, the effect of dependants on one’s ability to study, the post-study plans and visa compliance, etc. It is also vital to know the location of one’s prospective educational institution, the geography of the town, even relevant bus routes.

Vagueness in any of the above factors can easily result in refusal due to non-genuineness.

Personal & Financial Circumstances, including Dependant’s

The key factors are the economic circumstances of the applicant and any dependant in the home country, source of funding, its credibility, the expected average monthly expenditure in the UK.  Consequently, it will be checked whether it’s enough to meet the living costs for the applicant and any dependents during the course in the UK, with limited or no ability to work, and whether any other personal financial circumstances may hinder the applicant from completing the course. Additionally, immigration rules mandate a ‘28-day period’ for which maintenance funds must be held in order to establish that the funds are in effect under the applicant’s control and available for use.

Keep in mind; clearly, the authorities expect a considerable investment to gain a qualification from the UK. So, it is quite possible that the applicant may be declared disingenuous based on the above Personal Finances factor. Therefore, it’s better to provide further evidence in addition to the “specified evidence” relating to the ‘maintenance’ requirement to defend one’s financial soundness and credibility. This would also award 10 extra points. Further, it would enable a better reason during the administrative review in case of refusal.

Qualification, Course Provide and Agents

This is applicable mostly in cases where the Home Office has concerns with the institution or agents of the applicant. Concerns regarding quality, immigration compliance, genuineness, etc. are significant hurdles. All international students are recommended to stick with recognized Universities, colleges, agents, etc.

English Language Ability

Applicants can avoid any complications with this factor if they have the required English Language Test scores, from reputed organizations, like the IELTS. During the interview, the caseworker may casually cross-check the ability.

Role of Dependents

It is better to provide more than just one document to prove beyond doubt the relationship status (relationship should be subsisting) between the dependent and the student applicant. Caseworkers will consider incidental factors to analyse if the dependent actually intends to live with the sponsor throughout their stay in the UK and that he/she does not intend to stay in the UK beyond any period of leave granted to the sponsor.

They will enquire whether the applicant is a genuine student where a main reason for the application is the employment, education, or health care benefits for any accompanying dependants.

Pull Factors

Pull factors are known to influence students’ choice of the UK as a study destination. They can give an indication of an applicant’s motivation for coming to the UK and whether the applicant is a genuine student.

How the Best Immigration Solicitors in East London approach Refusals?

In all cases, the caseworker must refuse the application if they are not satisfied, on the balance of probability, the applicant is a genuine student. So while applying for entry clearance, immigration solicitors in East London advise providing as much evidence as possible covering each and every factor above to prove one’s genuineness beyond doubt. However, any refusals based on irrational reasonings or factors other than the ones established in the immigration rules (as explained above) could be rectified via the administrative review. The caseworker is supposed to take into consideration every relevant evidence (both included in the application as well as stated during the interview) pointing at any of the above aspects and is not empowered to require any additional evidence relating to factors not mentioned above.

The key is to approach Legend Solicitors and leave no stone unturned. Feel free to walk into our office in East Ham, London, drop an email or call us to clear up all your matters.

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