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Post Study Work Visa (complicated issue)

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

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fembiz
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Post Study Work Visa (complicated issue)

Post by fembiz » Wed Jun 09, 2010 8:33 pm

I came to the United Kingdom on a student visa (my visa was issued in December 2005 and expires December 2010) in January 2006 to begin my studies at Richmond American University. I studied there from the winter semester of 2006 until the autumn semester of 2007. I enrolled as a fulltime student for the autumn 2007 semester. I registered for my classes and paid my tuition in full. I attended the first week of classes during that semester. After the first week (early september 2007), I was informed that I was being dismissed from the university due to an altercation that I had with a member of staff during a school party. I was accused of being rude and verbally abusive to the member of staff and was dismissed due to this. I was simply dismissed with no warning nor was I even given an opportunity to defend myself or explain what happened. As soon as I found out I had been dismissed, I began applying to other universities with the hopes of just simply transferring and conitnuing my studies that same semester. Unfortunately, it was too late for me to be admitted for the autumn 2007 semester. I applied to London Metropolitan University and a few other schools who were still taking applications. While I was waiting for decisions on my applications for admission, I decided to appeal the dismissal decision from Richmond American University because the dismissal was not justified. I met with the Vice President of the university and he informed me that my appeal was rejected but that they would consider re-admitting me to the university for the next semester (Winter 2008) if I completed an anger management course. He told me that they would consider it because I had exceptionally good grades however, I was not guaranteed re-admission because the decision would still be up to the committee that took the decision to expel me in the first place. I agreed to this and immediately registered with the British Association for Anger Management and paid fees for the course. From October 2007 to December 2007 I was taking the anger management course which was for 3 hours a week for ten weeks. A few weeks after I started the anger management course, I received a letter from London Metropolitan University (one of the universities I applied to) offering me admission for the winter 2008 semester. Since I was not guaranteed re-admission to my original university I accepted the offer. I completed the anger management course in December 2007 and informed the Vice President of Richmond American University (my original university) and he told me that unfortunately, the committee decided not to re-admit me. Luckily for me, I had already accepted the offer of admission from London Metropolitan University and they agreed to transfer most of my modules over therefore I would simply continue from where I stopped as opposed to starting my course from the beginning. I began attending London Metropolitan University in the winter 2008 semester. I have now completed my degree at London Metropolitan University. I completed my degree at the end of the autumn 2009 semester.

Now my question is this:

Will the fact that I was not in school during the autumn 2007 semester count against me? Can this be something they can use to refuse my Post Study Work Visa application? Please I need advise urgently because I am really worried about this.

vinata
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Post by vinata » Thu Jun 10, 2010 11:12 am

Your psw visa in under threat for two reasons:

1. You didn't inform the HO that you had changed the University. And this could a valid reason for refusal due to your not complying with your visa conditions.

2. You didn't do min of 15 hours per week between Oct 07 and Dec 07. From your post it is evident that you attended an anger management course for 3 hours per week, but this was not enough.

I would advise you to find a GOOD solicitor who can write a cover letter to the HO expalining what happened by relying on certain points in law. At least you'll know that you have done all you only could, but there is no guarantee for the outcome. This is because you can argue that '2' was not your fault as you were expelled without any warning. But '1' was entirely within your control and you should have notified the HO about your change of a place of study prior to its commencement.

fembiz
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Post by fembiz » Thu Jun 10, 2010 1:12 pm

Thank you for reply to my post. Ok, I understand all this. Overall though, what do you think my chances are? I have spoken to a lawyer and he told me that my failure to notify the home office of my change of instituition is hardly an immigration crime and that it would be very harsh for them to penalize me for that given that I have never violated any other immigration rules or any other terms of my visa.

potterbond007
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Post by potterbond007 » Thu Jun 10, 2010 1:35 pm

fembiz wrote: that it would be very harsh for them to penalize me for that given that I have never violated any other immigration rules or any other terms of my visa.
The Home Office has penalized applicants for far simpler issues than the one you claim. U could try for your PSW since I cant say for sure that you will be refused since the decision rests with the EC Officer.

vinata
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Post by vinata » Thu Jun 10, 2010 1:59 pm

fembiz wrote:Thank you for reply to my post. Ok, I understand all this. Overall though, what do you think my chances are? I have spoken to a lawyer and he told me that my failure to notify the home office of my change of instituition is hardly an immigration crime and that it would be very harsh for them to penalize me for that given that I have never violated any other immigration rules or any other terms of my visa.
Not notifying the HO about the change of a place of study is not an immigration crime, it is a breach of conditions attached to your visa. If you read article 320 of immigration rules, you will see that visa officer can refuse an application for simply not complying with immigration conditions and also ban you for 10 years. Like i said in my previous post, it all depends on your luck. And if your case is prepared well by a GOOD solicitor, you may very well be through. Good luck

fembiz
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Post by fembiz » Thu Jun 10, 2010 2:03 pm

Ok, to be honest, I cannot afford the fees that most lawyers are charging for this. Therefore I have decided that I will file the application myself. I have written a cover letter explaining to them the entire circumstances surrounding my dismissal from Richmond American University. I have also included all the documents regarding the dismissal. I have also written a letter to the home office informing them of a change of institution. In the letter, I apologized to them for not informing them earlier and I explained to them that I was unware of this and only found out recently that I was supposed to have written the letter prior to beginning my course at the new institution. What do you think? Please just let me know if you think I have a good chance of being granted the Post Study Work Visa given these circumstances.

potterbond007
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Post by potterbond007 » Thu Jun 10, 2010 3:38 pm

fembiz wrote:What do you think?
I just wanna say best of luck..

fembiz
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Post by fembiz » Thu Jun 10, 2010 3:41 pm

Thanks very much guys for all your input. I really appreciate it. I emailed the international student office at my university and this is the reply they gave me:

Dear Raheem,

If you still have the same visa that was issued in 2006 then there is no
requirement that you inform the UKBA that you have changed course. This
is a serious issue for students with a Tier 4 visa (those who applied
after 30th March 2009), but not for those who applied for their visas
before this point. Students could choose to write to the UKBA if they
wanted to, but as stated previously, this isn't a requirement for
students with old type visas.

If you have the same visa that was issued in 2006 this will not affect
future applications. If you have further questions feel free to contact
us again.

Regards,

__________
Advice Information and Funding Service
Student Services
London Metropolitan University

Phone
City. 0207 320 2370
North. 0207 133 2094

My visa was issued in December 2005 and expires December 2010. According to them, I am fine and have not breached the terms of my visa. Can you guys comment on this please?

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