[URGENT]PSW application refusal on grounds of qualification

[alyssang]

Hi there,

I submitted my application on the 17th October and I received all my documents back on the 4th December only. My application was refused on grounds that my qualification is one of professional/vocational and therefore, it is not allowed. However, classmates of mine who did the same course managed to get their visa.

I did the Bar Vocational Course and from what I have gathered from a PSW workshop organised by my university, BVC graduates are allowed to apply. So, I am confused now as to such discrepancies and I have been granted a right to appeal. I managed to get legal aid and a solicitor is looking into my case now.

What I wish to get from readers here who are in the same boat is that why there is such refusals when there is nothing in the guidance notes or in the UKBA website that said to the contrary? HO must have seriously made a mistake.

[alyssang]

I contacted the relevant regulatory board for barristers as I studied the BVC. I was asked to refer back to my university as to whether the BVC is a post graduate diploma or not.

So, at the end of the day, it is really depends on the university in the way they label the courses?

Please advise, Frontier Mole or anyone who could.. Thanks a lot..

[A]

Hi there,

It sounds to me like the HO is querying whether your course is a level 7 course. I got rejected recently in the Qualification Section because apparently I did not prove my course was level 7 (ie above bachelors degree level). My course is and I have evidence of this. I have a hearing early next year.

But if the HO are claiming the issue is not whether your course is above bachelor degree or not, but that your course is professional/vocational then it sounds like a slightly different matter. I take it you have double-checked the Policy Guidance? It states there that you have to have done a Postgraduate Diploma or have a Postgraduate Certificate or an MA or something along those lines. So was your course one of those? That's the first thing to address. If it's not, then it could be tricky.

I tell you something else which is handy to read and that is the FHEQ (Framework for Higher Education Qualifications) - google it and read their booklet. Also, contacting the following may help you:

OFQUAL (Office of the Qualifications and Examinations Regulator)
http://www.ofqual.gov.uk/
and
QAA (Quality Assurance Agency)
http://www.qaa.ac.uk/

The QAA deals with Higher Education courses and OFQUAL deals with all other courses. From the sound of what you're saying OFQUAL is the place to call first for you, in my opinion. I think the issue could be that the HO requires that you've done a level 7 course yet professional/vocational courses do NOT have levels (according to my phone conversation with OFQUAL) - this could be the issue.

However, if you have mates from the SAME course which have achieved 20 points for their Qualification Section, then surely you should be referencing this in your appeal?

Anyway, you have sought out legal aid, etc which sounds like a sensible idea to me so I'm sure you and them together will work out the right grounds to appeal on. I'm no expert but have been doing a lot of reading about qualifications, etc recently due to my own case!!

I understand what you're going through as I'm going through my own appeal process, so I wish you all the best and don't give up!

A.

[alyssang]

Hi A (as well as other readers),

Thanks for the information. It was helpful of you. I had looked through the links you suggested and unfortunately, I couldn't find the course that I did there. Anyway, it was worth checking it up.

In the mean time, I managed to get in touch with my University about the situation and they had agreed to reproduce some documents for me namely that the BVC is a post graduate diploma course and the PSW letter again (this time with some information omitted since it has been incorporated in the other letter). I submitted all these to my solicitor and he was confident that the chances of success would be more than 50%. My appeal was sent out today, a week in advance of the dateline.

I felt relieved in a way. This is my own and also the first legal case that I get to work on. I will keep everyone updated as to the appeal process through the course of time. When is your appeal A? Did you know the date yet and where about are you now in the UK?

[A]

Yes, I heard back from the AIT almost straightaway after sending off my appeal papers. They have given me a date in the second week of Jan. I'm based in London. I understand the feeling of relief just posting those damn papers off!! I'm feeling confident too to be honest because I feel I have the proof there now so hopefully it'll all run smoothly. Also other very similar cases I've read on here seemed to have been successful.

All the best,
A.

[Diokpa]

I wish you all the best and do share the good news when you get this sorted. Good luck!

[alyssang]

AIT have responded and my hearing had been fixed on 16th January 2009. Wish me luck!!! Merry Christmas to all.

[Ky]

Hi Alyssang, could you tell me what was the outcome of the hearing? Does the BVC qualify as post-graduate cert/dip ? Thanks in advance for your kind help

[alyssang]

I managed to get my visa without having to attend the appeal hearing. The HO withdrew the case on their side. The BVC is a post-graduate diploma according to my university. Best to check with your training provider if it is the case as well.