Paragraph 322 (7)

[Supermario11]

Hi ya,

I currently held a student visa. Roughly two years ago I make an student visa extension in UK and my application was not decided until one year later. Back then the home office failed my student visa extension but I appealed against the decision and I won my appeal. My visa only endosed on my passport a few months ago (been one and half year since my initial application).

I have done the self-assessment on PSW and I can satisfy all the points. The 1st question is how do I show that I have done my degree during the requisite period because as stated above, my passport doesn't show my appeal period - missing one and half year student visa stamp (I understand my student visa was virtually extended by some act and if I won my appeal, those period will be counted towards my student visa, am I right? )

The other thing is during my appeal, I promised I will return to my home country once I have finished my degree. Clearly not the case as I am about to apply for PSW. Will this constitute an undertaking to the home office?

Paragraph 322 (7) stated that :
"failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;"

Will I fall foul on this paragraph? Appreciate if someone, expert can help me out here. Many thanks.

[ash786]

Hi ya,

I currently held a student visa. Roughly two years ago I make an student visa extension in UK and my application was not decided until one year later. Back then the home office failed my student visa extension but I appealed against the decision and I won my appeal. My visa only endosed on my passport a few months ago (been one and half year since my initial application).

I have done the self-assessment on PSW and I can satisfy all the points. The 1st question is how do I show that I have done my degree during the requisite period because as stated above, my passport doesn't show my appeal period - missing one and half year student visa stamp (I understand my student visa was virtually extended by some act and if I won my appeal, those period will be counted towards my student visa, am I right? )

The other thing is during my appeal, I promised I will return to my home country once I have finished my degree. Clearly not the case as I am about to apply for PSW. Will this constitute an undertaking to the home office?

Paragraph 322 (7) stated that :
"failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;"

Will I fall foul on this paragraph? Appreciate if someone, expert can help me out here. Many thanks.

1. If u did appeal then under section 3C u leave is extended untill a decision has been reached.
2. U won u appeal so it means that u were not illegal and any work or studies u did during that appeal time was legal.
3. HO will have a record of u appeal and the full details so do not worry about that.
4. U can apply for PSW without any problems as wat u said above is standard for everyboy that wen u studies is completed u will leave UK.
5. After u completed u degree u can apply for PSW as this scheme is for students to stay in the UK for 2 years after u completed u degree.

So do not worry too much and apply and gud luk.

[Supermario11]

Thanks for the prompt reply ash786.

The only thing that I am worry about is whether I will fall foul on paragraph 322(7). As I had said before, I did mention in the court (AIT) that I will be returning to my home country once I have finished my study. Well, does this consitute an undertaking or promise to the home office? In fact in my determination, the judge did write it down what I had said including my intention after my study. So does this consitute an undertaking or written promise? Gosh.. Does anyone heard or seen anyone fall foul on this paragraph before? Any idea or comment on what is my chance that this paragraph will apply to me? (In fact what is undertaking in legal sense and how does the home office apply this paragraph?)

Oh, by the way, do you think I should include my determination along with my PSW application? Well, the thing that I am afraid is what they (caseworkers from the home office) will read from my determination in relation to my intention after my study.... any comment?

I am a lay person so I appreciate any comment on this. Many thanks.

[vinata]

I don't know the details of your case, but the right of psw is given to every student who legally studied in the UK and obtained their degree.

Although it is not necessary, but in order to feel safe, you can attach a cover letter to your application stating that you had an intention to go back to your own country 2 years ago, but now you wish to take an opportunity of the post-study work to improve your career prospects.

If you don't feel comfortable with your application, i would advice you to apply through a solicitor. They can explain your situation by relying on relevant points in law, so it would be very difficult for the HO to refuse your application by relying solely on 322-7.

[ash786]

I don't know the details of your case, but the right of psw is given to every student who legally studied in the UK and obtained their degree.

Although it is not necessary, but in order to feel safe, you can attach a cover letter to your application stating that you had an intention to go back to your own country 2 years ago, but now you wish to take an opportunity of the post-study work to improve your career prospects.

If you don't feel comfortable with your application, i would advice you to apply through a solicitor. They can explain your situation by relying on relevant points in law, so it would be very difficult for the HO to refuse your application by relying solely on 322-7.

1. No u do not need to do anything like that and def. not a cover letter.
2. Its u right u apply for PSW if u have a degree and fulfill other requirements.