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Post Study Work, Interim Student Visa And Appeal


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#1 nicensimple

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Posted 18 December 2012 - 06:47 PM

Hi,

While waiting for my results from university I applied to extend my student visa

While I was waiting to hear back on the student I submitted a new application for the post study work visa on March because I had now received my results and no longer needed the student visa. On the form there is a section which dealt with previous applications and appeals, stating that I wanted this new application to be considered instead of the old.

PSW application was submitted on March 30th stating I no longer wanted to pursue the student route and was rejected on the grounds that I had and appeal lodged with home office even though I stated that I no longer wanted to pursue this route.

My student Student visa was rejected on April 11th, a few days after PSW category was closed, on the grounds that I was 6 pounds short of the mainenance for a day, even though I had said that I wanted to now apply for the PSW visa. I was given the right of appeal. I was advised by my lawyer that I needed to go through the appeal process, despite saying in the application form that I now wanted to apply for the PSW visa. The appeal was dismissed in September.

Additionally, the PSW application was returned on December 11th the basis that I had an appeal lodged with Home Office considering the student visa.

I really don't know what I can do. Any advice would be helpful.

I have two questions:

1) Given that I qualified for the PSW before the category was closed, do I still qualify?

2) Can I contest the decision by home office on the basis that I wanted to apply for the PSW and had instructed them of this in my form?

3) Should I just leave or are there other options.



#2 sah10406

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Posted 18 December 2012 - 10:23 PM

1) Given that I qualified for the PSW before the category was closed, do I still qualify?

No.

2) Can I contest the decision by home office on the basis that I wanted to apply for the PSW and had instructed them of this in my form?

No.

3) Should I just leave or are there other options.

Given that your appeal was dismissed in September, I don't understand on what basis you are still in the UK more than three months later.

Last September you were planning an ILR application. Why have you been making Tier 4 and Tier 1 Post Study Work applications if you are eligible for ILR?

#3 nicensimple

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Posted 18 December 2012 - 10:56 PM

Hi Andrew,

Thank you for you response. Sorry I am using my friend's account. She thought this site might be helpful as it helped her.

I think I need to explain further. There were two things in process at the same time, a student application and a tier 1 post study work application. The student visa was sent in first and then while that was in a post study work application was sent in to replace it but still home office ignored the psw and continued with the student visa application, rejected it and sent it to appeal. They kept the psw application while continuing to process student application and then after they rejected it, they then rejected the psw months later, as in 4 days ago, citing it was because of the same student visa appeal but by then the student visa and subsequent appeal had long been rejected.

I stayed on because they were still processing the psw application after they dismissed the student visa appeal.

I need to add that Home Office still held on to all my documents pertaining to PSW application, after student visa rejection and subsequent appeals.

#4 sah10406

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Posted 19 December 2012 - 08:39 AM

You say have a lawyer, I advise you speak to them.

It seems clear that your PSW was invalid, because you made it while you had a pending Tier 4 application. You don't appear to have varied that application, just made a new one on top of it. Despite what you say, the application forms are clear that you cannot simple send a new application when you already have one pending.

You have been an overstayer since the end of your Tier 4 appeal. As such, you are not in a position to make an application in the UK, and if your overstay has been more than 90 days, you will have a 1-year time-bar on making any new entry clearance applications for the UK.




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