My Tier- 1 Post Study work was recently refused even though I earned all the points necessary to show that I am eligible for the Visa. I was refused under rule 320 (7b) of the general rules for refusal category stating that I overstayed in the UK. As per administrative review rules, I am allowed to present more evidence if necessary since my Visa was refused under paragraph 320 (7b). So I am presenting my evidence and my arguments as to why I feel that the decision was a mistake.
It is true that my Visa was refused on the 1-06-2009 initially. However, I stayed on since I had an appeal pending in court. Section 3C of the Immigration Act of 1971 (as amended) extends leave to stay while a person has an appeal decision pending in court (
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary ). I had send my appeal statement along with my application, but the immigration officer while making the earlier decision has not considered the fact that I stayed on because of my appeal pending in court.
My appeal was dismissed on 6-08-2009 and I left the UK on 31-08-2009. An exception to paragraph 320 (7b) says that a person cannot be called an over-stayer if he overstayed for 28 days or less (
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/ ). Since my leave to stay finished on 6-08-2009 when my appeal was dismissed, (extended by Immigration Act 1971) and I left within 28 days of my appeal decision,I fail to understand how I overstayed in the UK.
I have been extremely careful to abide by the law and hence I had also confirmed all this by phoning the home office while I was in the UK. The immigration officer had not considered all these facts while making the earlier decision even though I mentioned the same in a covering letter I send with my application. I hope that this misunderstanding is cleared and I am granted my Tier – 1 Post Study Work Visa.