Post Study Work Visa Rejected, Advice Please

[tankadahal]

Hi Everyone,

I applied for PSW on 12 January with three months bank statements that showed £800 at all times and an original letter from Swansea University where I studied and am qualified for Masters Degree. My visa expired on 31s January. I got a rejection letter from HO on 12 Feb telling that the letter provided by the university did not mention the start and end date of the course. Then I wrote to the international student advisor at the uni informing him of it. He sent me another letter and another letter on his behalf addressing the HO and telling that it was not my fault but the fault of the university academic registry. I have made a new application and waiting for its result. I am so much stressed because I don't know what I should do if I get another rejection letter. As my visa has already expired, my employers also will seek my legal status and I fear of losing the job. Please advice what I can do if I am rejected again.

tanka

[RippedOff]

Hi Everyone,

I applied for PSW on 12 January with three months bank statements that showed £800 at all times and an original letter from Swansea University where I studied and am qualified for Masters Degree. My visa expired on 31s January. I got a rejection letter from HO on 12 Feb telling that the letter provided by the university did not mention the start and end date of the course. Then I wrote to the international student advisor at the uni informing him of it. He sent me another letter and another letter on his behalf addressing the HO and telling that it was not my fault but the fault of the university academic registry. I have made a new application and waiting for its result. I am so much stressed because I don't know what I should do if I get another rejection letter. As my visa has already expired, my employers also will seek my legal status and I fear of losing the job. Please advice what I can do if I am rejected again.

tanka

So you sent the new application after your visa had expired/or when exactly did your visa expire? Did you have the right to appeal the decision?

[tankadahal]

Hi Everyone,

I applied for PSW on 12 January with three months bank statements that showed £800 at all times and an original letter from Swansea University where I studied and am qualified for Masters Degree. My visa expired on 31s January. I got a rejection letter from HO on 12 Feb telling that the letter provided by the university did not mention the start and end date of the course. Then I wrote to the international student advisor at the uni informing him of it. He sent me another letter and another letter on his behalf addressing the HO and telling that it was not my fault but the fault of the university academic registry. I have made a new application and waiting for its result. I am so much stressed because I don't know what I should do if I get another rejection letter. As my visa has already expired, my employers also will seek my legal status and I fear of losing the job. Please advice what I can do if I am rejected again.

tanka

So you sent the new application after your visa had expired/or when exactly did your visa expire? Did you have the right to appeal the decision?

My first application was submitted well in time because my visa would epire on 31 Jan 09, but I made application on 12 Jan, 09. But I got the decision on 12 Feb by then my visa had epired already. I made fresh application on 20th Feb. I think I had the right to appeal, along with the rejection letter they had sent something called 'Notice Of Appeal'. But the international student advisor said, the appeal will surely be unsuccessful because the uni letter did not have the information (start and end date of the course) and we could not prove that HO's decision was faulty.

[RippedOff]

My first application was submitted well in time because my visa would epire on 31 Jan 09, but I made application on 12 Jan, 09. But I got the decision on 12 Feb by then my visa had epired already. I made fresh application on 20th Feb. I think I had the right to appeal, along with the rejection letter they had sent something called 'Notice Of Appeal'. But the international student advisor said, the appeal will surely be unsuccessful because the uni letter did not have the information (start and end date of the course) and we could not prove that HO's decision was faulty.

Well, I too have made an out of time reapplication(was rejected for falling a tiny bit below the £800) because my visa expired at the beginning of January but I got the rejection letter about the same time as you actually. I sent the new application off on the 14th so waiting for the results of that. If your documents are complete, there is really no reason why they should reject you/us. I'll keep you updated. All the best.

[dahokolomoki]

You have to be careful. When your application is still pending, your student visa is automatically "extended" until such time they give a final rejection.

However, what you have done after the initial rejection of your first application is to start a new one, which means that the auto "extension" of your student visa is no longer valid as you are not pursuing and appealing the first application.

I would definitely seek legal advice in this case as if you are working currently, you and your employer might be liable to hiring/working illegally.

Are you sure in their initial rejection they did not offer you the choice of sending in more supporting documents or clarifying the documents?

[tankadahal]

You have to be careful. When your application is still pending, your student visa is automatically "extended" until such time they give a final rejection.

However, what you have done after the initial rejection of your first application is to start a new one, which means that the auto "extension" of your student visa is no longer valid as you are not pursuing and appealing the first application.

I would definitely seek legal advice in this case as if you are working currently, you and your employer might be liable to hiring/working illegally.

Are you sure in their initial rejection they did not offer you the choice of sending in more supporting documents or clarifying the documents?

I am sure they did not offer any choice rather than sending a notice of appeal with refusal letter. I think as it was not my fault, they should have offer such choice instead of refusing straight away. I have been trying to seek legal advice now.

[RippedOff]

You have to be careful. When your application is still pending, your student visa is automatically "extended" until such time they give a final rejection.

However, what you have done after the initial rejection of your first application is to start a new one, which means that the auto "extension" of your student visa is no longer valid as you are not pursuing and appealing the first application.

I would definitely seek legal advice in this case as if you are working currently, you and your employer might be liable to hiring/working illegally.

Are you sure in their initial rejection they did not offer you the choice of sending in more supporting documents or clarifying the documents?

Well from prowling several immigration topics/posts, I found out that the status of an applicant is still the same 28 days after refusal, therefore the applicant can apply again, even if the visa expired. The only danger is that if an applicant gets rejected again, he/she would have then overstayed 28 days and hence is illegal after the refusal and would need to leave the country immediately. Yes it is a calculated risk, but what are you supposed to do when you cannot appeal because of a mistake on your own part? Any new evidence has to be sent in a new application, not in the appeal.

[Diokpa]

First off, nothing on this forum constitutes legal advice and because someone did it and it worked for them doesn't mean you it will work for you as you do not know the history of the person's case. Every refusal comes with right of appeal and if you decide to send a fresh application after your visa expires under a supposed '28 day rule' then be smart and do it through a legal practitioner and not yourself as this rule is not widely publicised.

An appeal is always a time for you to right some wrongs and sometimes even if you have missed out something earlier there is a section of the 2002 immigration act which allows the immigration judge to allow any evidence which shows that as at the day of appeal, you meet the requirement of the visa and this is only for in-country appeals. You can call it collaborative evidence or whatever but it shows that you meet the requirement as at the day your appeal is heard. For those who work under the 28 day rule, you risk a lot of things especially if you don't know first hand about this rule and you are just working with what is posted on forums. Good Luck.

[RippedOff]

First off, nothing on this forum constitutes legal advice and because someone did it and it worked for them doesn't mean you it will work for you as you do not know the history of the person's case. Every refusal comes with right of appeal and if you decide to send a fresh application after your visa expires under a supposed '28 day rule' then be smart and do it through a legal practitioner and not yourself as this rule is not widely publicised.

An appeal is always a time for you to right some wrongs and sometimes even if you have missed out something earlier there is a section of the 2002 immigration act which allows the immigration judge to allow any evidence which shows that as at the day of appeal, you meet the requirement of the visa and this is only for in-country appeals. You can call it collaborative evidence or whatever but it shows that you meet the requirement as at the day your appeal is heard. For those who work under the 28 day rule, you risk a lot of things especially if you don't know first hand about this rule and you are just working with what is posted on forums. Good Luck.

Every refusal comes with right of appeal - Wrong I'm not a lawyer, but if you still have existing leave left after a refusal you have no right of appeal.

Also, just because an immigration judge admits new evidence on the day, doesn't mean your appeal will be allowed. An appeal is made to dispute that the Case worker made a mistake. Now the Home Officr rep probably will argue that the decision was made based on the evidence supplied at the time of applying. Indeed you will be very lucky to get a positive result out of an appeal, unless the case worker made a mistake.

Does anyone really want to drag issues like this into a courtroom, or rather cough up another £400 in the chance that the visa is then granted in a few weeks after application? The applicants choice, but hey I'm no lawyer either.

[Wanderer]

I think the OP has to accept he made the mistake, not the uni advisor, he signed the app form not the uni advisor.

As such the refusal is a correct one, making an appeal would be fruitless.

[Diokpa]

My post was based on the original post which stated that the visa had expired IF you actually took the time to read it, once your visa expires whilst your case is still being decided you do get a right of appeal.

There is nothing like a fruitless appeal wanderer, If I listened to people like you then I wouldn't have even bothered to appeal. I didn't have my final result when I sent in my application and the decision to reject my application was based on that, but I appealled and it was allowed based on section 85(4) of the 2002 immigration act as I had my final result as at the day of the appeal.

The case worker making a mistake is not even the bone of contention here but there is a law which allows evidence to be admitted as at the date of appeal. It is not rocket science and as long as there is no other issue at stake like forgery and misrepresentation, I don't see why the document cannot be admitted. You don't need to be a lawyer to read up laws people!

You want to spend 400 quid under a supposed '28 day rule' instead of appealing? and where is the 28 day rule stated if I may ask? Isn't it just by word of mouth and if you decide to go through that route, why not use a lawyer than just sending it yourself especially when your visa is expired? You'll not only risk having your visa refused but also having a bad strike on your immigration record as an overstayer...Do what pleases you.

[RippedOff]

My post was based on the original post which stated that the visa had expired IF you actually took the time to read it, once your visa expires whilst your case is still being decided you do get a right of appeal.

There is nothing like a fruitless appeal wanderer, If I listened to people like you then I wouldn't have even bothered to appeal. I didn't have my final result when I sent in my application and the decision to reject my application was based on that, but I appealled and it was allowed based on section 85(4) of the 2002 immigration act as I had my final result as at the day of the appeal.

The case worker making a mistake is not even the bone of contention here but there is a law which allows evidence to be admitted as at the date of appeal. It is not rocket science and as long as there is no other issue at stake like forgery and misrepresentation, I don't see why the document cannot be admitted. You don't need to be a lawyer to read up laws people!

You want to spend 400 quid under a supposed '28 day rule' instead of appealing? and where is the 28 day rule stated if I may ask? Isn't it just by word of mouth and if you decide to go through that route, why not use a lawyer than just sending it yourself especially when your visa is expired? You'll not only risk having your visa refused but also having a bad strike on your immigration record as an overstayer...Do what pleases you.

IF you bothered to read the OP's post and mine, you will see that we have already sent our new applications, no crying over spilt milk(yes the £400 was paid again - my prerogative). The OP is concerned about his status under the new application. I am not really going to go through the proof of the 28 day rule, but it's there, and this came from the mouth of two lawyers. All I am going to do is wait, I am only trying to offer the OP some solace that he is not alone in this issue, not telling him what he "should have done."

[Diokpa]

Good Luck, keep us posted.

[koolbone]

I think the OP has to accept he made the mistake, not the uni advisor, he signed the app form not the uni advisor.

As such the refusal is a correct one, making an appeal would be fruitless.

My apologies but you always seem to spout this rubbish about correct refusals and fruitless appeals. You must feel all refusals are justified or fair. If you haven't got advice to give or help to render, keep your opinions to yourself. There are a lot of worried people on this forum seeking help because their futures are on the line. I remember when I got refused over a minor technicality and started checking this forum for help, most of your posts always discouraged me. If I had paid too much attention to your pessimistic posts, I wouldn't have even bothered appealing. I'm happy I chose to appeal and was successful with it.
The OP could've gone ahead with his/her appeal. What do you have to lose? Diokpa is right. Collaborative evidence is allowed during appeals. It was allowed in mine and the judge made her decision in less than 10 minutes.
Now, you've taken the risk and reapplied within 28 days of your refusal. Fair enough. It's worked for a poster on here but I hope there were no shortcomings or incomplete evidence for your application this time around. A second refusal would result in an automatic ban because you would have overstayed.
Either way, all the best and hope you get the visa

[igiosan]

Hi tankadahal,

have you got your passport back from the home office yet?