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PSW appeal reconsideration

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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SH
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PSW appeal reconsideration

Post by SH » Sun Jul 05, 2009 11:09 am

Hello everyone.

My PSW appeal has be refused on friday. I am preparing for applying for reconsideration right now. I am not really optimistic about that. But I was wondering how long does it take to get the reply for the reconsideration, that way I can estimate how much longer can I stay legally here (excluding the final 28 days).

vinata
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Post by vinata » Sun Jul 05, 2009 3:55 pm

You now have 5 working days to apply for re-appeal, then you shoud get a written confirmation from the court in about 2 weeks with the confirmation of the date for the hearing. After that you will have to wait for another 5-6 weeks for the hearing and then up to 2 weeks to get a determination letter.

In total the process could be extended by approximately 2-3 month. Hope this helps.

SH
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Post by SH » Sun Jul 05, 2009 5:46 pm

Thanx ever so much vinata. That really helps. When you said 're-apeal', thats the 'apply for reconsideration' after the 1st failed appeal hearing, am I right?

vinata
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Post by vinata » Sun Jul 05, 2009 7:44 pm

Yes, that was what I meant.

SH
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Post by SH » Sun Jul 05, 2009 9:20 pm

Thanx vinata. Really appreciate it..

jack199
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Post by jack199 » Mon Jul 06, 2009 12:32 am

But on what grounds the Judge dismissed your appeal?

alexis2000
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Re: PSW appeal reconsideration

Post by alexis2000 » Mon Jul 06, 2009 1:54 am

After sending the reconsideation's application the senior judge sent me a letter dismissing the application after 2 weeks.
With my lawyer we appealed to hight court last week... Again we are awaiting to hear from them and see whether or not the grant me a hearing.
SH wrote:Hello everyone.

My PSW appeal has be refused on friday. I am preparing for applying for reconsideration right now. I am not really optimistic about that. But I was wondering how long does it take to get the reply for the reconsideration, that way I can estimate how much longer can I stay legally here (excluding the final 28 days).

jack199
Member of Standing
Posts: 339
Joined: Mon Mar 02, 2009 7:50 pm

Re: PSW appeal reconsideration

Post by jack199 » Mon Jul 06, 2009 2:48 am

BUT ON WHAT GROUNDS!

alexis2000
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Posts: 45
Joined: Sat Mar 21, 2009 1:12 pm

Re: PSW appeal reconsideration

Post by alexis2000 » Mon Jul 06, 2009 2:41 pm

On the grounds that the 800 pounds should be a guidance and not a rule since the purpose of this is to confirm the applicant can maintain himself (i went down only for 2 days)
The immigration tribunal only see at whether there was an error when you visa application was processed by the HO case worker however the High Court has more discretionary powers hence maybe more chances.
jack199 wrote:BUT ON WHAT GROUNDS!
Last edited by alexis2000 on Mon Jul 06, 2009 2:49 pm, edited 2 times in total.

SH
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Post by SH » Mon Jul 06, 2009 2:45 pm

We didn't have sufficient funding for 3 months prior to the application, which we weren't aware of. The applicant is actually my wife, who's finished her PhD and doing a part-time job with approximately £8K/annum. Me on the other hand was on student dependent visa, finished my PhD at the same time and immediately got a full-time job with £28K/annum (as I was on student dependent visa, I was allowed to do full-time).

SH
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Post by SH » Mon Jul 06, 2009 4:19 pm

Hello all,

Thanx for all the info till now. Just another thing, I still haven't got any lawyer, but intend to hire a lawyer when I take it to high court. Can anyone give me some approximate idea how much I could cost me (excluding that £400 for the court expenses)

Gururaj
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Re: PSW appeal reconsideration

Post by Gururaj » Tue Jul 07, 2009 9:34 pm

alexis2000 wrote:On the grounds that the 800 pounds should be a guidance and not a rule since the purpose of this is to confirm the applicant can maintain himself (i went down only for 2 days)
The immigration tribunal only see at whether there was an error when you visa application was processed by the HO case worker however the High Court has more discretionary powers hence maybe more chances.
jack199 wrote:BUT ON WHAT GROUNDS!
Dear Alexis,
When you appealed for the first time, did you not introduce any new evidence? Like some savings account or other accounts? 2 days seems to be very negligible to be based upon? I am under similar circumstances but I do have savings accounts at the same time and hence my question.
1) Did you introduce new evidence?
2) Have you appealed without new evidence at the first time?

Thanks in advance
Guru

alexis2000
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Joined: Sat Mar 21, 2009 1:12 pm

Re: PSW appeal reconsideration

Post by alexis2000 » Wed Jul 08, 2009 1:48 am

Yes, i introduced new evidence at the hearing date however my savings account coudn't cover the first 2 days of the 3 months period where i had less than £800 in total.
If you have new evidence that covers the full 3 months, show it and you'll appeal should be allowed by the judge.
Gururaj wrote:
alexis2000 wrote:On the grounds that the 800 pounds should be a guidance and not a rule since the purpose of this is to confirm the applicant can maintain himself (i went down only for 2 days)
The immigration tribunal only see at whether there was an error when you visa application was processed by the HO case worker however the High Court has more discretionary powers hence maybe more chances.
jack199 wrote:BUT ON WHAT GROUNDS!
Dear Alexis,
When you appealed for the first time, did you not introduce any new evidence? Like some savings account or other accounts? 2 days seems to be very negligible to be based upon? I am under similar circumstances but I do have savings accounts at the same time and hence my question.
1) Did you introduce new evidence?
2) Have you appealed without new evidence at the first time?

Thanks in advance

Gururaj
Junior Member
Posts: 55
Joined: Wed Jun 10, 2009 7:00 pm

Re: PSW appeal reconsideration

Post by Gururaj » Wed Jul 08, 2009 2:13 am

Thank you Alexis,
I think i have all the statements covering three months and just waiting for the hearing date.. Thanks again for sharing your experience

Cheers
Guru

SH
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Post by SH » Wed Jul 08, 2009 2:08 pm

If you produce new evidence covering the requirements, I think it should be fine, as I know it from somewhere else.

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