PWS visa REJECTED - any advice greatfully received

[dickostar86]

Hi all

I am currently on a study visa which expired end of June 2010.

My course ended in February 2010, but due to various delays with my Business School, they told me that the date of award was not expected to be until July 2010.

As I knew that this would be too late for applying for my PWS, and as per the guidelines for applying, I obtained a letter from my Business School stating that i had completed my course, and that my degree certificate was expected to be delivered on July 2010.

I applied on 3 June 2010 so that I could be within the deadline of expiry of my current visa.

I was rejected on 8 July 2010 on the basis that I did not provide the required proof of the award of my Masters prior to the expiry of my visa (which I guess is fair enough, because I didn't (and couldn't!) definitely state that i would be awarded my Masters before the end of June 2010.)

However, on 10 July 2010, I was told by the Business School that they had printed our Masters certificates, and to my surprise, it was dated 24 June 2010.

Can I now appeal against my rejection? On the basis that I was awarded my Masters before the end of June 2010? If so - which grounds for appeal should I use?

I do not want to submit a new application, as this would mean going back to my home country and making a fresh application from there, after 3 months - because, as I am aware, you can only make a fresh application if you are still within the date of your existing Visa? Which i am not.

Also - if I do decide to appeal, I hear that my old student visa is presumed to be extended until I receive the response of the appeal? Does this mean that I can travel out of the UK and come back in again? I don't have to send my passport with the appeal - but I am worried that at UK border control they won't let me back in! (Im planning on going to Paris in a few weeks time just for a long weekend ...)

Also - should I send my degree certificate in with my appeal? If so - should this be an original or a copy? I obviously don't want them to not return it ...


I know this is a long post. Any help at all would be GREATLY appreciated! The deadline for my appeal is 22 July 2010 .. I am not eligible for legal aid (I have a good job here in the City) and I literally have nowhere else to turn

Thanks guys!

[geriatrix]

as per the guidelines for applying, I obtained a letter from my Business School stating that i had completed my course, and that my degree certificate was expected to be delivered on July 2010.

Read para 62(ii) and para 79 carefully and let us know if the letter issued to you met the specified requirements.

If not, don't see on what grounds you can appeal.


regards

[dickostar86]

Many thanks for your email.

Either you or I have outdated Immigration Rules.

Under this link:

http://www.ukba.homeoffice.gov.uk/polic ... les/part3/

para 62(ii) no longer exists, and para 79 is not applicable.

Do I have the wrong set of Rules?

[geriatrix]

The guidelines for applying (as you say you followed and got a letter) are given in the relevant policy guidance. Immigration rules do not tell you how to apply or what evidence to submit.

So, have a look at the PSW policy guidance and read the paragraphs mentioned.


regards

[dickostar86]

thank you

I understand the reason for rejection now.

I no longer have leave to remain in the UK.

Can I make a Fresh application for PSW now that I have satisfied the requirements? Can I do this from the UK? Or do I have to go back home to do it?

I see at immigration rule 245Z(f)(iii), if I have "last been granted" leave as a Student, I am eligible to apply from the UK?

[geriatrix]

If you don't have current leave to remain in UK, return to home country and apply there.


regards

[dickostar86]

i cant apply for PSW from the UK if I no longer have leave to remain in the UK?

[geriatrix]

Doesn't my response above answer this question (already)?

as I am aware, you can only make a fresh application if you are still within the date of your existing Visa? Which i am not.

True!

Leave the country ASAP (and definitely within 4 weeks of 8th-July), else any EC application in future might be influenced of your overstay.


regards

[dickostar86]

I just spoke to the Home Office. She told me that I can make a fresh application if I place a cover letter over the top, giving my reasons why it was late, and that they will take this into consideration.

Considering I had actually fulfilled the requirements of the PBS before the expiry of my visa, I just did not have access to the correct documents - I am hoping that this will be in my favour.

[potterbond007]

dont spend your money on a new application is what i would suggest... your case is strong enough to win the appeal..

[geriatrix]

I just spoke to the Home Office. She told me that I can make a fresh application if I place a cover letter over the top, giving my reasons why it was late, and that they will take this into consideration.

Considering I had actually fulfilled the requirements of the PBS before the expiry of my visa, I just did not have access to the correct documents - I am hoping that this will be in my favour.

1. Whether your application is processed in such case, will be dependent on caseworker discretion.
2. Also, please note that if you take this route and the caseworker refuses your application for any reason (out-of-time application, missing evidences etc.), then you will definitely become an overstayer in the UK for all practical purposes, which in turn will affect any future EC applications you make.

The options are in front of you. The risk is yours and so should be the decision.


regards

[vinata]

The HO representative told you the truth. You can potentially submit an out of time application with a new certificate and updated bank statements (enclose the one for June as well) and send it off.

If the HO approves your application, you would be safe and could stay in the country and work. However, if they refuse you for any reason (let's say because your degree certificate does not safisfy their criteria), then you won't have the right of appeal and would have to leave the country immediatety. So, by submitting out of time application, you put yourself at risk, but if this application is approved, then such risk would be well justified.

In order for your new application to be approved, you have to submit it within 10 days (7 working days) from the recept of your refusal letter. If it is longer than that, chances are that your application would be refused.

Also, do not undertake any risks yourself. Find a good solicitor who can take responsibility for your case and who has suceeded in such applications before. This is because if you make even a smallest mistake, the HO will have the right to refuse you without the right of appeal and you would have to leave and apply from back home again. So, don't take any chances. Find a good solicitor.

As regards your appeal rights with the current refusal, it won't suceed in court. This is because your additional evidence didn't exist at the time of application which you submitted on 3 June (your certificate is dated 24th June). So, even if you present it in the court, the judge would refuse you again simply because you cannot present any additonal evidence dated after the date of your application.

Therefore your only options are:
1. submit out of time application with a good solicitor within 10 days of the receipt of your refusal and keep fingers crossed

2. go back home asap and reaplly from there with at least £2800 on your account. I have heard that such applications are now decided within a week or so.

It is up to you to decide which option is best for you. Good luck.

[geriatrix]

My two cents:

In order for your new application to be approved, you have to submit it within 10 days (7 working days) from the recept of your refusal letter. If it is longer than that, chances are that your application would be refused.

Out of time applications are subject to UKBA discretion and are not entertained as a habit, as the immigration rules do not allow it. It is only in certain circumstances that out of time applications are accepted by UKBA and require approval of Senior Case Officer / Manager. The 10 days rule that you are referring to is not for out-of-time (new) applications but for appeals when the right is given.

As regards your appeal rights with the current refusal, it won't suceed in court. This is because your additional evidence didn't exist at the time of application which you submitted on 3 June (your certificate is dated 24th June). So, even if you present it in the court, the judge would refuse you again simply because you cannot present any additonal evidence dated after the date of your application.

Spot on!

regards

[psychic]

I just went through the appeal process under similar circumstances, you can take a look http://www.immigrationboards.com/viewtopic.php?t=52942

With regards to the problem at hand, you have 3 options:

1. Go back to home country and apply fresh from there(no risk since you have all the documents).
2. Out of time application(700 pounds for the special service) which if fails has the risk of losing money and then being forced to follow option 1.
3. Make in country appeal like me which takes a minimum of 3 months to get visa if everthing goes smoothly or more if other complications arise.
I have taken this from my thread with regards to rules that apply to the university letter:

UKBA website mentions that original letter from university containing following information will be sufficient.

1. your name;
2. the title of the qualification;
3. the start and end dates of your period(s) of study and/or research for this qualification at the United Kingdom institution; and
the date of award (no more than 12 months before the date of your application).
UKBA website mentions that original letter from university containing following information will be sufficient.
If you are unable to provide a certificate of award (for example, when the application is made before your graduation), this letter must also include:
4. details of the body awarding the qualification; and
5. confirmation that the certificate of the award will be issued.

From your post I dont know which of the above has been clearly stated in you university letter. Assuming only point 5 is the problem in your case, if the letter has stated "will be" awarded and not "might be" awarded(i.e. confirmation) you can win the appeal.
Just check if July 2010 without a specific date is acceptable with the solicitor. My solicitors were the immigration advisory service. You have only 1 ground of appeal - something along the lines of discretion of the case worker.

@vinata and sushdmehta the degree evidence is not exactly additional evidence if the university letter clearly states that the degree certificate will be awarded.