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Neither student extesion nor post study work - advice plz

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

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saeedusman
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Neither student extesion nor post study work - advice plz

Post by saeedusman » Tue Apr 13, 2010 9:55 pm

Hi,
I am having very difficult situation and would be thankful for all the advices from you all.

I came in UK for masters and got visa for 18 months, which is going to expire on 31st May, 2010 (from October 2008 till 31 May 2010).

I have passed my coursework and then did my dissertation but unfortunately got referred in dissertation (when I get my first result in Feb, 2010).

The next submission date was given 28th April. But in March, my supervisor became ill and I had communication problem. So my project tutor suspended my project untill I get a new supervisor. Project tutor said that this delay might mean that I need to submit again in September.

But I wrote him that my visa is going to expire on 31st May, so then I should get student extension for that. He replied that he is in process of getting a new supervisor for me and might resume my project in a couple of weeks. Then he allocated a new supervisor and new submission date given is 2nd June, 2010 (2 days after my visa expires).

He also said that I will get 5 week extension and then he will try to get my result on emergency basis so that I can apply for post study work permit.

Now when I contacted the information desk at university to inquire that what documents I need to apply student extension (because normally university apply on student behalf), the staff over their said that your course is already finished on 31st Jan, 2010 (this was the actual date when I got my visa from home country, like course start date October 2008 & end date January 2010 and this was on my admission letter).

And they also said that I am not eligible for student extension and I need to do dissertation as an external student and can submit from my home country so I need to leave UK. I argued with them and then that staff called to my faculty to inquire my status. The faculty confirmed that my submission is on 2nd June but also said that I am not eligible for student extension.

My project tutor is on holidays and I am unable to contact with him. The staff said that home office will also not give me student extension (even if I am doing my project) because for student extension, the student should must have atleast 15 hours contact in class, but in project work, the student is free to move and do work and has no classes.


The other part of the story is making more tension for me because I am not eligible for the post study work as well, because I cannot get results till 1st July (Board meeting is on 16th June and official result on 1st July).


That is all………………. Now some of my other friends in same situation thinking to make PSW application even without result. They will try to get some letter (which seems very difficult) from the university that tell their course and expected graduation date (result date). They are thinking that home office will reject their application after 4-5 weeks and in the mean time, they will have got the results and then in appeal, they will get the PSW visas.

So what you all members say about this situation ?

Honestly, I will prefer to take a chance like to apply for PSW instead of going for student extension. Because if homeoffice reject my student visa case, in the meantime, I would have passed my degree and will no longer have a valid appeal for student extension.

But if I take some risk for PSW without results, then in appeal I can try to defend by showing my result and explaining that I got late because of university problem and unavailability of the supervisor and suspension of my project. Plz do advice about this whole situation.

I have listened that in this case, if PSW is refused then DEFINITELY everyone will get the right of appeal but in appeal, we CANNOT add extra documents (like result) but we can ONLY defend the documents which we attached when we made our application.

Please give advice and share your experiences. Hopefully I will solve this problem with the help of this forum.

Thanks
Last edited by saeedusman on Tue Apr 13, 2010 10:17 pm, edited 1 time in total.

arsenal49
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Post by arsenal49 » Tue Apr 13, 2010 10:08 pm

first of all, you might want to edit and break it down in para as its not easy to follow.

tell us your visa start/end dates.

regards

saeedusman
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Posts: 264
Joined: Fri Jan 15, 2010 12:06 am

Post by saeedusman » Tue Apr 13, 2010 10:21 pm

I am looking for some solution to go for PSW without leaving the country. If you wanna ask any other question, plz tell me.

Thanks

arsenal49
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Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Tue Apr 13, 2010 10:25 pm

psw looks like your best bet... so concenterate on it.

clearly you cant have enough documents so you must rely on appeal...

mind you you are walking on a tight rope already so make sure this is your last option and other possibilities are exhausted e.g. applying from home etc etc

You can win your appeal "easily" if you submit whatever they require for psw. the sticking point will be letter from uni (in absence of degree). get uni to issue you a letter. obviously on this letter they will say that you "will be" given degree once meeting take place between board of examiners blah blah.

HO will then reject your appliction saying that you dont have earned "qualification points". but then you will appeal, and by the time of hearing you will have your degree in hand. so you will have psw.

i think people have mentioned on this forum that judge allowed their appeal when they produced actual degree certificate so i think thats what you need to do.

again, only pursue this method as your last hope as there is a risk attached to this approach.

regards

saeedusman
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Joined: Fri Jan 15, 2010 12:06 am

Post by saeedusman » Tue Apr 13, 2010 10:31 pm

thanks arsenal,

I have listened that in appeal (if it is true), we can only defend the documents and proofs which we had when we applied. so judge can say that at that time you did'nt had the degree or have'nt finished the course etc.

so how will I defend then?

I have email record that university suspended my project and I got one month late result. clearly that was not my fault and I should not get punished for that.........

regards,

arsenal49
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Post by arsenal49 » Tue Apr 13, 2010 11:10 pm

uni and HO are two different types of animals.

uni can show compassion, HO can not as they are bound by law.

do you have a valid current visa by the way cuz thats very necessary thing to have.

people here have applied in the absence of degree certificate and "invalid" letter from uni. they got rejected but when they showed degree certificate to judge, who is a human, their appeal was allowed for psw visa.

basically, judge in their right mind cant ignore the degree certificate as it takes the precedence over the letter that uni printed. there is tiny bit of risk involved here as judge could be in a bad mood on that day or something lke that but, you gotta trust someone. beside you dont have any other choice do you.

i would say there is 90% chance that judge will accept your degree certificate in appeal because its not really new evidence as its just hard evidence that you have gained a uk qualification and you have a proof in your hand.

hope it helps. wait for other replies as well

regards

edit: your course has ended on january. thats what it says on uni register, thats what HO thinks happen. no denying that. you cant change that. the thing is, most students expect a degree by the end of their course, you havent got a degree so you need to manipulate system a bit.

unless you manage to convince uni to change end date of your course, i suggest you take the course end date as it is and work on filing psw app.

all the best

vinata
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Post by vinata » Wed Apr 14, 2010 8:45 am

Sorry to say that, but if you apply for psw without a degree certificate your application would definetely be refused with the right of appeal. However, your appeal also wouldn't be allowed either. This is because at the appeal you can only add that additional evedence which existed at the time of your original application. For example, if you had forgotten to add your degree certificate to your application, but it was readily available, you can show this document at the appeal, and it would be allowed.

However, if you don't have the degree certificate and nevertheless apply for psw, you cannot present this certificate later at the appeal, because effectively, it didn't exist at the time of your origanal application and you won't suceed.

There is a case law in place. If you go to the offical AIT website and go to the case law section, you would be able to see the database of all past cases. You may wish to go through the cases and look for similar ones to yours and read the decisions.

I would advice you to leave the UK before 31 May and apply for psw in Aug after your results are released. You would also need to maintain £2800 and prepare all the documents in according to the requirements.

If you apply without a certificate, your application would be refused, and you would be able to stay legally in the UK for the next 2 month or so. However, after the unsuccessful appeal, you would still have to go back home and reapply from there. But in this case you would spoil your immigration history forever. This refusal will stay in your records indefinetly. But the choice is yours. Good luck.

saeedusman
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Post by saeedusman » Wed Apr 14, 2010 8:20 pm

@Arsenal.

Honestly speaking, I did not understand what you have written in your “editâ€

PaperPusher
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Location: London

Post by PaperPusher » Wed Apr 14, 2010 9:58 pm

saeedusman you do not need the certificate, but you do need to have been awarded the degree.

look at this case:

NO (Post-Study Work – award needed by date of application) Nigeria [2009] UKAIT 00054
This determination supplements the determination of the Tribunal in KAN (Post-Study Work – degree award required) India [2009] UKAIT 00022. The requirement of paragraph 245Z and paragraphs 51 to 55 of Appendix A of HC 395 as amended is that in order to be entitled to points the applicant must have been awarded the requisite qualification in respect of which points are claimed by the date of the application.
and this case:

KAN (Post-Study Work – degree award required) India [2009] UKAIT 00022
The requirement of paragraph 245Z and paragraphs 51 to 55 of Appendix A of HC 395 as amended is that in order to be entitled to points the applicant must have been awarded the requisite qualification in respect of which points are claimed. It is not sufficient to show that the qualification will be awarded. The language used in the Tier 1 (Post-Study Work) of the Points Based System – Policy Guidance in indicating what documents are required as evidence of the award, supports this view.
arsenal49, you are incorrect about this:
aresenal49 wrote:You can win your appeal "easily" if you submit whatever they require for psw. the sticking point will be letter from uni (in absence of degree). get uni to issue you a letter. obviously on this letter they will say that you "will be" given degree once meeting take place between board of examiners blah blah.
Have you spoken to the international student advisor saeedusman?

amit_mahay
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Post by amit_mahay » Thu Apr 15, 2010 2:48 am

As far as i see it.....its not your fault that the university has deffered ur submission dats by two months or wotever.....its commpletely their fault....so what you have got to do is blame it all on the university. i did the same thing and got an extension on a student visa......then completed my dissertation...passed it and then i applied for PSW and got it within 4 weeks. what i would suggest you is write a writen letter to your dean explaining everything to him.i did the same thing and my dean gave me a second chance to finish my dissertation. so write him a letter and deliver it personally to him and explain everything to him personally. you dont have to waste your time with your course leader or even your supervisor. all you got to do is to convince your dean that its not your fault that your submission date has beem deffered by 3-4 months but its because your supervisor was ill as its by no means your fault anyway. i personally think that you will be better off applying for a student visa extension and then finishing your degree and after that apply for your PSW....because if you apply for a PSW without your degree....there is absolutely no chance that the HO will give you a PSw visa.....and "you never know what is gona happen once you are rejected". but the choice is obviously yours.

regards

vinata
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Post by vinata » Thu Apr 15, 2010 10:21 am

Having read all your posts, I believe your only option is to speed up the dissertation approval process. As also advised by one of the Board members, go to your course leader, speak to him, explain your situation and ask to speed up the process.

If you submit your dissertation by the 1st May, there would be enough time for the examination board to assess it. If the result is released before 31 May, you can get a letter from your Uni confirming this and apply for psw. In this case your application would be successful.

However, since some universities operate strict policies and all results are only approved by an attested Committee that only gathers together twice a year, this option may not be feasible. When I was studying at my Uni (London Met), this was not possible at all. All course works and dissertations were submitted through a computerised system and nobody could move any of the deadline dates. However, your Uni could be different. At least it is worth trying.

As regards your student extension, I really doubt you can do it. This is because you will need to re-enrol again and need to complete the examinations in the end of the course in order to qualify for it. Since you have already passed all your examinations, there is no way you can extend your visa as a student writing a thesis. This option was removed from 1 Apr 2009. So, persuading your Uni to release your results early is the only option for you really.

P.S. Why didn’t you submit your dissertation on time before your course completion date back in Jan 2010? I remember my course was running till 18 Sep 09, but all of us had to submit our dissertations before 5th Sep, unless there were mitigating circumstances. But even in that case, you could only postpone submission by 2 weeks as the latest.

saeedusman
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Post by saeedusman » Thu Apr 15, 2010 7:30 pm

@PaperPusher

That looks much more authentic what you have posted. Actually today I had meeting with my supervisor (first meeting with new supervisor). Before that, I went to the main information and help desk and asked them any update about my case. They said the same that I am not eligible because I am having no contact hours and no valid reason that I need to be here during this project. He said that I should have atleast 15 hours per week to spend in the university.

I said that I am already doing 25 hours per week in lab and that should be enough. He said then you need something written proof from your supervisor for this. I got this proof from the supervisor that I am doing 25 hours in lab for the project but when I went back there, they made a new story that I am not eligible anyway………

They said that I should have finished my course in Feb, 2010 (in 14 months), because that is the limit from home office. So now as I am referred and getting late, so university cannot update the records (mean cannot update that records that I will finish on 2nd June, which is actually new submission date). So in this case, the university cannot apply my CAS number and I cannot apply for student extension. My project tutor who suspended my project and said that I will get 5 week extension (keep in mind that because of this suspension of my project due to supervisor unavailability, my submission date also changed from 28th April to 2nd June and this is clearly university fault that they did not had suitable committed supervisor).

I also emailed my project tutor this situation (he is on holiday) that they are saying that I am not eligible and cannot get extension. My tutor emailed me back and said that it is very sad to listen this. He said that they should understand the case and should have no problem for your extension. My tutor said that he will have a look on this and will clarify the faculty about my situation and will say that they update my records and put the end date as 2nd June (or some time later to make 5 week extension).

Now my supervisor and project tutor, both are in my favor. But faculty is saying they cannot update the records because it is against the immigration laws and if the university do this then home office will say that university has committed a fraud.

I am totally confused because it looks impossible that I can get results before 31st May. Because boards’ meeting is on 16th June and then hopefully at the end of June, we will get our results.

Now my supervisor has said that he will follow my case and will talk with the faculty. My supervisor also took my recent communication with my project tutor because that is in my favor and he said that he will contact international office and faculty and will sort out the things.

But I am worry, because the information office said that even if I apply for student extension, the home office will turn down my application anyway. If it happens then it is no good because I can never ever win appeal in this case (Although there can be slight chances in PSW case).

I have tried to see international student advisor but she is on holidays, so I will go later on to see her.

@amit_mahay

I agree with you but in any case, I need CAS letter from university to apply which they are not applying for me and I am unable to get that. This is only because in my records, it is showing that I have finished on 31st Jan……….

So until the faculty updates the records, I can do nothing.

@Vinata

I agree with you that I should speed up, but even if I submit on 1st of May, I cannot get the results before 16th June. That is the date when boards will sit and decide what to do.

I submitted my dissertation first in Jan, but as I told you earlier that I got referred and needed to submit again. If I have passed then, then no tensions and no worry today. That is the main problem you now.

@Arsenal

Why you are silent man?? keep on saying what have in your mind.

arsenal49
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Post by arsenal49 » Sat Apr 17, 2010 1:00 am

@paperpusher
arsenal49, you are incorrect about this:

aresenal49 wrote:
You can win your appeal "easily" if you submit whatever they require for psw. the sticking point will be letter from uni (in absence of degree). get uni to issue you a letter. obviously on this letter they will say that you "will be" given degree once meeting take place between board of examiners blah blah.

ofcourse i am incorrect in a sense that he will not get his psw based on that. what i was trying to say was that he can win the appeal in his favour by showing ACTUAL degree certificate, come the day of hearing and surely that will give him his qualification points. ofcourse its not ideal situation but its a work around. other people on this forum who were rejected based on invalid uni letter in absence of degree, won the appeal when they produced degree certificate so i was going with that logic.

@saeed

I could think of another solution although i dont have exact dates in hand so you will need to work the finer details yourself.

Your main concern should be how to STAY in england legally at all times and do not overstay for even a single day. for that you need a visa.

Uni is not budging at the moment regarding CAS stuation so why not submit an application to extend a student visa on the penultimate date your current visa expire(via royal mail and not courier service- keep that in mind thats very important but i digress). once you have an application under process at UKBA then your stay is automatically extended until its decided. tier 4 visa requires biometric details etc so i would presume you can expect delay of around 4-6 weeks before they will get back to you with the rejection (because you dont have CAS number etc. so its "invalid" app). (Ideally, infact at all cost,you would want to submit psw app BEFORE you hear rejection from them.) hopefully by now you will have your degree in hand. Submit your psw application on the same day you receive your degree and then start the process of withdrawing your student extension application. it takes upto 10 days to withdrw the application.

There are loads of ifs involved here and you will need to be lucky to be able to execute this plan. but on paper, you can legally say that you never overstayed and i think thats something.

obviously this is my take on your problem and dont be surprised if some senior members absolutely murder my post as wrong and ineffective advice but i hope you see why i am suggesting this path. i.e to make sure your stay here remains legal at all time which is of paramount importance.

amit mahey's advice seems very good as well and do pursue that avenue as well. remember that uni do no want to do what you are asking them to do because it will look bad in their books but if you can manage to convince your dean that you are not liable to your supervisor's illness then im sure he will do something for you.

As a side note, send a mailshot to vice chancellor, and also local MP , asking for their support. MP,especially, can help you a lot as he can talk to people at HO directly. its one of his ministerial duty to help with his constituent's immigration problem/worries.

all the best

PS. tried to find the link that allows you to find local mp but it appears due to general election, you cant find them on website. you will need to do bit of digging yourself to get his/her details. im sure he/she maintains his/her website so you should be able to BING or GOOGLE it.

saeedusman
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Post by saeedusman » Sat Apr 17, 2010 6:14 am

@Arsenal

This option seems better if I can do like this. I mean if I can withdraw my previous application and can make a new application on different category, then it will be a luck for me.

Yesterday, I had a small chat with a lawyer over the phone (I will email her later on this day with details and get her reply what she say). I explained a little bit and she said almost the same things what helpful guidelines I am getting from here this forum.

One thing she added…………… If I am unable to get CAS number by university administration, while on the other hand I have my supervisor and project tutor in my support, so I already have record of emails with project tutor that he suspended project, resumed again and agreed that due to this problem and waste of time they have pushed my submission date ahead and university will give me 5 weeks extension of visa.

She said that on this written record basis, I can apply for student extension on form FLO, even without having CAS number. This form does’nt require CAS. But even in this case, if I got rejected, then later on I cannot win appeal anyway because till that time, my course will already have finished and I have got the results and judge will say that I do not need to stay here any more.

I discussed with her the post study work option, and she agreed with what you suggested in your first 2-3 posts that I can apply without degree then in appeal I can win that. This thing I again want to discuss with her as well that I will DEFINITELY win or I CAN win…………….

I will be further looking for this option and in the meantime, I will make a full story and will email to the dean, international student advisor, VC and MP today. I hope so it will give some benefit.

1) But Arsenal, are you sure that I can definitely apply the other category while my previous application is in process and withdraw first appliation???

2) In worst case scenario, if I get rejection first and then my final degree (I mean final degree get late, but I am sure that will never be late till 5-6 July) is received, so then can I go first for the appeal against reject and in the meantime before the new decision on appeal, I forward the new application and withdraw that………. So in this case I will be on lagal or illegal stay to put new application???

I am hoping for the comments of all other member on this new suggested solution by Arsenal.

Thanks

arsenal49
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Post by arsenal49 » Sat Apr 17, 2010 11:17 am

saeedusman wrote:@Arsenal


1) But Arsenal, are you sure that I can definitely apply the other category while my previous application is in process and withdraw first appliation???

in my opinion you can apply for psw as long as you have not received a rejection of student extention. in the app form, you will write the date your visa expired, then will mention that your visa is extended y virtue of certain para, but now you want to withdraw that app, and apply for psw. ofcourse you wont make a request to withdraw student app until you have subitted your psw app.

2) In worst case scenario, if I get rejection first and then my final degree (I mean final degree get late, but I am sure that will never be late till 5-6 July) is received, so then can I go first for the appeal against reject and in the meantime before the new decision on appeal, I forward the new application and withdraw that………. So in this case I will be on lagal or illegal stay to put new application???

if you get rejection on studet, then im afraid to say, you will be expected to leave country as you cant make new application when you dont have current leave to remain.

Thanks

saeedusman
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Post by saeedusman » Sat Apr 17, 2010 11:01 pm

Hi all,

I have send another email to project tutor and waiting for his reply.

After that, the things will be much more clear.

Will update status soon.

Thankyou all

fshhddn
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Post by fshhddn » Sun Apr 18, 2010 5:27 pm

Thanks for your posting. First, you should be aware that you got your visa on Oct 2008, this means the immigration old rule applies to you. See below:
http://www.ukba.homeoffice.gov.uk/study ... -31-March/
I tried to find out what the old rule is for you but now there’s nothing available on the internet. I believe some of the rules in the new Tier4 will not apply to you if you apply for an extension as a student because you did not come in under the point base system in the first place. E.g. the requirement to extend a student visa to write a dissertation is possible and you don’t have to attend classes (continued participation). It was not in the old rules. The CAS may not be necessary. You must highlight this matter to your uni.
http://www.ukba.homeoffice.gov.uk/emplo ... d-retakes/
I believe it is possible for you to extend your visa under the old rule before your student visa expired. i.e you send in your application before it expires. The extension period should reflect the duration of time you need to write and until you can receive the result. However, you MUST double check if what I am saying here is correct. Try to check with your uni. International student affair officer. Hopefully they are helpful. Or else try a good legal adviser or ring the UKBA to find out i.e which form you should use to extend your visa as you are in the old rule (the form was FLR(S))
Communicate with all university personnel by e-mail. Whatever response you receive from your uni., you must have them all in writing. Also tell them that you are thinking to make a complaint. See their response. Then you will be able to indentify your next step.
http://www.ukcisa.org.uk/student/complaints.php
I'm sorry that you are under pressure at this moment, but you still have time to clarify the matter with the university first. Put the PSW aside for now and deal with the student visa first. Hope this helps. Thanks.

arsenal49
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Post by arsenal49 » Sun Apr 18, 2010 8:20 pm

i think he cant make an application under old rules because thats not how it works. Ofcourse old rules apply on him until his leave expires but if he wants to apply for extension, he must satisfy the current rules in force.

i know a friend who applied for a student visa under old rules but now in the process of renewing the visa and have been advised by university imigration advisors that he must make a "TIER 4" application and satisfy the rules of TIER 4 program.

Im 99% sure thats how it works. Might be worth checking with your uni officials though, saeed usman

regards

saeedusman
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Post by saeedusman » Sun Apr 18, 2010 9:03 pm

fshhddn wrote:E.g. the requirement to extend a student visa to write a dissertation is possible and you don’t have to attend classes (continued participation). It was not in the old rules. The CAS may not be necessary. You must highlight this matter to your uni.
http://www.ukba.homeoffice.gov.uk/emplo ... d-retakes/
I believe it is possible for you to extend your visa under the old rule before your student visa expired. i.e you send in your application before it expires.
Thanks for your detailed search for my case.

I am trying to have maximum records of conversation in my inbox so that I can use them, if there is some need in the future.

If you see here :
http://www.ukba.homeoffice.gov.uk/emplo ... rant-stay/

The maximum duration in my degree case which I can have is 18 months and I am supposed to finish everything in this period (If I am right to understand this law, might be I am wrong). And you know, I have already availed 18 months in my first attempt. That is the point which was also said by the admin staff.

Definitely I will call homeoffice tomorrow and discuss all these matters. In the meantime, hopefully I will get reply from project tutor. I have also emailed to the international advisor and waiting for her reply now.

The suggestion given by Arsenal looks attractive in a sense that without having any refusal/rejection, I can put new application while having all the requirements fulfilled for PSW.

Can you please comment on this option that if now I forward my student extension application on 31st May (if I do not find any other way and university is not giving any CAS number or if the old rules are not applicable etc) and send with the slowest recorded mail service (so that it reaches as late as possible), and then attach/use the slowest payment method. I hope then it will take upto 6-7 or even more days to reach there and then clear the payment. Definitely if I am applying without CAS number or without supporting documents, they will refuse my application but it might take 4-5 weeks easily............ In the meantime, I would have got my final result and forward a new application for PSW and withdraw first application immidiately. Is it possible ????????

But I should bear in mind that for PSW, I should be on student status and from one of your reply on some other post, you said that according to 3c/3d, I will be on students status when my application is in progress although my visa has expired. Is it right what I am saying ???????

One other thing....... Sometime it happens that when they are deducting the fee after getting the application, they check the form and main important documents. like some times they say that photographs invalid or wrong/old version form is used, so they send application back straight away because it is invalid and ask to make new application as soon as possible.............. so can it be in mine case as well that they push back my application might be in one or two weeks ???????

Above three paragraphs and three QUESTIONS which need comments.

Thanks for all the members for their valuable suggestions. This is really a good encouragement for me and I am sure that I will find some way to get through this situation.

Thanks

Regards.

saeedusman
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Post by saeedusman » Sun Apr 18, 2010 9:15 pm

arsenal49 wrote:i think he cant make an application under old rules because thats not how it works. Ofcourse old rules apply on him until his leave expires but if he wants to apply for extension, he must satisfy the current rules in force.

i know a friend who applied for a student visa under old rules but now in the process of renewing the visa and have been advised by university imigration advisors that he must make a "TIER 4" application and satisfy the rules of TIER 4 program.

Im 99% sure thats how it works. Might be worth checking with your uni officials though, saeed usman

regards
I will go and discuss with the university staff but if you honestly I did not fully understand your this reply........ Do you mean that I can go for extension without having CAS or I must need to fulfill the current rules ?

Dear! find some way that even if university does not give me anything, even then I can have stay here for atleast 23-24 days and once the boards meeting on 16th June, I will get some letter from university or my supervisor and apply for PSW (even if the official results will be announced in first week of July).

Arsenal!

You please also comment my THREE question in last reply and explain a little bit.

Someone told me that if someone's visa has expired, he/she can make application within next 28 days and his/her status will be considered as the previous status which he/she had during stay here. What do you say ???????

Thanks

Regards,

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Sun Apr 18, 2010 10:41 pm

saeedusman wrote:
arsenal49 wrote:i think he cant make an application under old rules because thats not how it works. Ofcourse old rules apply on him until his leave expires but if he wants to apply for extension, he must satisfy the current rules in force.

i know a friend who applied for a student visa under old rules but now in the process of renewing the visa and have been advised by university imigration advisors that he must make a "TIER 4" application and satisfy the rules of TIER 4 program.

Im 99% sure thats how it works. Might be worth checking with your uni officials though, saeed usman

regards

Code: Select all

I will go and discuss with the university staff but if you honestly I did not fully understand your this reply........ Do you mean that I can go for extension without having CAS or I must need to fulfill the current rules ?

i was just saying to the other poster that you cant make an application on an old form(the same form you made app form when you were granted visa originally) because thats not how it works. the poster was suggesting cuz old rules apply to you, you can make a new application based on the form that was available at the time of your oriinal application--- which isnt true in my opinion.

cheers

arsenal49
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Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Sun Apr 18, 2010 11:07 pm

here is a link i was able to find, which deals with out-of-time applications.

“Applications received within 28 days of the expiry of leave will be considered in the normal way ... those within 6 months in exceptional circumstances, but those outside that period, refusedâ€

saeedusman
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Posts: 264
Joined: Fri Jan 15, 2010 12:06 am

Post by saeedusman » Mon Apr 19, 2010 8:32 pm

Hi All.

I rang homeoffice today, the lady said that:

1) If I make student extension (does not matter with the CAS number or without the CAS) and in the meantime, before having the decision of this application, I cannot apply for PSW. This is because my leave to remain has already finished and my legal status during that application (till I get the results for that application) only means not illegal, but I cannot make application for any other category. I can withdraw application voluntarily and leave the country but no option to make another application.

2) I asked about application made in 28 days overstay period. She said that this is nowhere written in UKBA website and is not allowed in any case. I told her the reference of the website given by arsenal, but she said that they only follow what is on the UKBA website and that is the definite version.

I have not got yet the project tutor reply and will be going tomorrow in the university to see him and other faculty.

Thanks all.

If anyone have any comments against the above mentioned two points, then please do post.

Regards,

saeedusman
Member of Standing
Posts: 264
Joined: Fri Jan 15, 2010 12:06 am

Post by saeedusman » Tue Apr 20, 2010 6:47 pm

fshhddn wrote:http://www.ukba.homeoffice.gov.uk/emplo ... d-retakes/
Communicate with all university personnel by e-mail. Whatever response you receive from your uni., you must have them all in writing. Also tell them that you are thinking to make a complaint. See their response. Then you will be able to indentify your next step.
http://www.ukcisa.org.uk/student/complaints.php
I'm sorry that you are under pressure at this moment, but you still have time to clarify the matter with the university first. Put the PSW aside for now and deal with the student visa first. Hope this helps. Thanks.
GOOD NEWS.

Today I pressurised my international student advisor and I said that I am going to solicitor because I am not getting help from your side. She emailed me back (exchange of about 7-8 emails today with her). Everytime she replied me, she send a copy to the person who actually update the records.

In the meantime, I got email from the lady who update the records. The email is below:
Dear Saeed

I have now changed your expected end date to 3rd June 2010. I am not able to change your enrolment status as this is governed by the University Academic Regulations, however I am able supply you with a letter stating that in order to complete your studies it will be necessary to attend the University of a minimum of 20 hours in the period to 2nd June 2010, when you are due to submit your referred work and that your attendance will be monitored during this period.

Please let me know if you would like me to do this for you.

Kind regards


and before her email, the international student advisor said to me that I can apply for CAS number from the help desk.

I am just wondering, What will be written on the CAS number. And you know it should not be my end date as 3rd June, rather it should be submission date and then there should be further one date telling my expected result date. Am I right?

And what about the enrolment status? because at the minute it will be CUEX (current external), so will it be on my CAS letter as well? OR the letter which I will get, as mentioned in her email will be enough to cover this??

I hope so I am near to the solution of this problem with the help of all of you.

This link given fshhddn worked like a magic for me. Because when I first emailed my international advisor, she just replied that according to homeoffice new rules, there is no provision for the students writing up dissertation.

I replied that I need the exact link/reference for this what she has said in her mail and also sent her counter reference which is mentioned above. I think many other students can benefit from the mentioned link.

So what you all suggest me now ?

I have already maintained £2000 for more than 3 months (because I was expecting for PSW £800+£533+£533), but now for student extension, I need to show £2800 for 28 days. I had put money since 17th April and now need to wait till 17th May. After that I will get my statement and will go to international student advisor so that she can apply on my behalf.

One more question please.

Is it must that I should apply for my new born baby as well, although we are not having any plan in near future to go to home country?
Will it be OK if I do not apply for baby now and apply later on with PSW?

Also comment that if I apply now with CUEX enrolment status but with that letter, will it be OK?

Regards,

saeedusman
Member of Standing
Posts: 264
Joined: Fri Jan 15, 2010 12:06 am

Post by saeedusman » Wed Apr 21, 2010 10:31 pm

Hi all.

I am just wondering that no reply since last 2-3 days :?

I checked with the admin staff and asked for the CAS letter. They said that my end date is now 3rd of June but enrolment status is still CUEX (continuous/current external). So in this status they cannot apply for CAS letter. I have again emailed that lady who changes the records and she said that it is not under her control and it is according to the rules of academic regulation etc.

I have again said that she should discuss with the higher management because I am getting late because of university problem and she promised she will update me tomorrow.

As you all have seen in my last post, she is ready to give me that letter. So what you guys think, if I get that letter and write some covering letter (explaining everything and showing all the email records where they suspended my project and agreed that I will get 5 weeks extension) while using FLR (O) form for extension will be allright ?

Thanks in advance.

Regards.

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