Post
by vinata » Wed Dec 16, 2009 10:00 pm
Dear Raja,
Let me tell you something. In order to qualify for psw, you need to score points for institution. Since the establishment of the psw scheme it was a requirement that your institution should be on a sponsor register. Your point that the college you studied at was on the list of listed bodies at the time of your application, is correct, but not valid. If you have a look at the actual guidance for psw (applicable before 31 Mar 09), you will notice that it was a requirement that your institution was on a sponsor register, not on a listed bodies register. And that 1st April 09 was simply a deadline for all tution providers to register with the new scheme, otherwise they would not be able to invite any foreign students in to study. So, if you had applied for a student visa before that date, it would have been likely that your visa would be issued, but it is not the same with the psw applications.
In your particular case, you applied for psw in Mar 09, but because your college was not approved to be a trusted tution provider as of 1st April, the HO delayed your application until after they have reached a conclusion that PGD in Management had never been offered at your college. Therefore, they refused your application, and probably also issued a ban preventing you from re-applying for the next 12 month (not sure if this is the case, but have a look at your refusal letter). However, it is up to the court to decide whether it is true, not the HO.
But since you were not given a right of appeal, you cannot go to the court to clear your name from deception. You cannot also re-apply from the UK for a new psw visa because PGDs do not qualify for this type of visa any more. So, your situation is extremely dare.
However, you can still try to fix your situation by applying for a JR with a good solicitor. All you have to do is to say that the HO didn't give you the right of appeal, but you believe their decision was wrong, and you had no other option but to apply for a JR. You will also need to show the following:
- your attendance record
- your marked course works/assignments
- your personal references from all your tutors
- your student card
- your course notes on various subjects
- and a statement from the college where they say such qualification was indeed taught in there and that your diplome is genuine
If you provide all that, i believe your appeal would be allowed, and the HO will have to issue you a psw visa because the decision of the JR is binding.
If you decide to pursue that option you must be quick because you only have got 28 days ,after your current student visa expires, to leave the country. If you overstay after 28th Jan 2010, you will be treated as an overstayer. And remember, you need a GOOD solicitor, even if it cost a lot of money, because if you don't clear your name from deception, you could be in trouble for the next 10 years. Good luck.
