applying fresh application 4 PSW Tier 1 if my appeal refuses

[Rashid Ali]

Hi
I applid for PSW Tier 1 on 26th March 2009, they refused on maintenance ground and results yet not been confirmed by external examiners though i attached my trasnscripts, i appeal, appeal on 30th June refused, judge accpeted enough funds but didnt accpt my date of award, i re applied for error of law, my appeal accepted but on reconsideration judge dismissed my appeal saying
"the appellant falls foul of the requirement that either the certificate of award or the letter confirming that the certificate of the award would be issued needed to be obtained in the 12 months before the date of his application. he made his application on 26 march 2009 and the letter on which he relied was not dated until 22 june 2009."
I'm given 10 day to appeal on the basis of point of law, my visa expried on 31 March 2009, Can i file fresh application as I'm fedup of all this and dont want to waste any more time. Thanx in advance.

[vinata]

It appears you originally applied for psw before you received your degree, that is why your re-consideration was refused. However, if you now submit a fresh application to the HO, it is very likely you would be treated as an overstayer. To avoid such classification, i would recomend you to apply to the High Court, and while having your application pending another consideration, you can apply to the HO with a fresh application. In this case you cannot be treated as an overstayer, since you would be awaiting for a hearing at the High Court, and the HO should consider your application as normal.

However, you will need to make sure you satisfy the criteria for psw at the time of the new application. I would also recomend you to use a good solicitor who knows how to manage out of time applications.

Good luck.

[Rashid Ali]

Hi
Thnx for your professional advice, you are right, as when i applied with a letter , it stated
“I am pleased to inform you that the internal examiners met on the 19th February 2009, and they agreed that you be awarded 50 in your dissertation module.
This mark cannot be confirmed until the external examiners meeting has taken place on June 19th, 2009, subject to confirmation you will then be awarded the MSc (Eng) Transport Planning and Engineering. You will then be eligible to attend the July degree ceremony and receive your certificate.â€