please help regarding psw visa

[Errorcode999]

my visa got expired on 30 march 2009 but i applied for student visa extension before that. After 2 weeks they rejected my application because of my pictures. i reapplied with new form and they said that you are not eligible for the new application as your visa is expired. I appealed several times and it got refused. Today high court again refused my application.its been 2 years now i am in UK and have no status. My lawyer is saying that you are eligible to apply for psw as you have completed your degree.
Just wanted to know whether i can apply for psw or not.
thanks in advance

[arsenal49]

if you apply within 28 days of overstay of current visa for psw, then there is a possibility that your application would be given proper attention.

i have never heard of anyone applying here successfully for psw after overstay of more than 28 days. i am assuming you have overstayed for more than 28 days since you failed to mention that in your original post

[Errorcode999]

the final refusal came 3 days ago which i assume that its been 3 days now that i am overstaying. i dont know much about it thats why need guidance.
thanks for your reply.
My friends are saying that on which grounds are you applying for psw because my visa is expired now.

any thoughts about it ?

[arsenal49]

there is a room in the law where caseworker can exercise his/her discretion to look in your application even though you are over stayer , but the overstay MUST be less than 28 days.

What we want from you is:

date your orig visa expired, date you got refusal, date you appealed.

You are technically classed as overstayer between the time you got refusal and you appealed. since you have been appealing for 2 years or something, these overstay days must not be MORE than 28 days.

get your dates sorted before you expect a reasonable reply here

[Errorcode999]

FORM SUBMIT: 28 MARCH 2009

EXP DATE: 31 MARCH 2009

FORM REJECTED: 12 APRIL 2009

NEW FORM SUBMIT: 27 APRIL 2009

REJECTION: 6 JUNE 2009

APPEAL: 10 JUNE 2009

REJECTION: 3 AUGUST 2009

APPEAL: 9 AUGUST 2009

REJECT: 25 NOV 2009

FINAL APPEAL IN HIGH COURT: 14 DEC 2009

FINAL REJECTION CAME 10 MARCH 2011

[arsenal49]

im not a lawyer and have never studied immigration law so dont take my word as a final-word on the matter.

A quick look at your timeline suggests to me that you have overstayed for atleast 30 days as of March 15th. which is very bad news for you.

Ask your lawyer to point to the para which says that you can submit NEW application even if you have overstayed for
1) more than 28 days
2)less than 28 days

If he is one of those "sincere lawyers" then he would find you para in no time. otherwise he will start coming up with excuses etc. Only use this lawyer if he is willing to give you no-win no fee terms!

wish you good luck.

regards

ps.wait for other replies too as someone might give you better prognosis!

[taha81]

FORM SUBMIT: 28 MARCH 2009

EXP DATE: 31 MARCH 2009

FORM REJECTED: 12 APRIL 2009

NEW FORM SUBMIT: 27 APRIL 2009

REJECTION: 6 JUNE 2009

APPEAL: 10 JUNE 2009

REJECTION: 3 AUGUST 2009

APPEAL: 9 AUGUST 2009

REJECT: 25 NOV 2009

FINAL APPEAL IN HIGH COURT: 14 DEC 2009

FINAL REJECTION CAME 10 MARCH 2011

I am not sure till what date you would be counted as 'Valid Student'.......till 12 April 2009 (when its first rejected by Home Office) OR till 10 March 2011 (when final rejection happens).

Just raising this point bcoz wot i understand is You studied and completed your course within these dates as well.

AND 'You must have to prove that your Immigration status during your Study and/or research in United Kingdom was 'Student' (it is a MUST requirement in PSW visa application).

Hope Senior Members in this Forum also answer this question.

[Errorcode999]

thanks a lot guys , my lawyer is saying that you can apply for psw but i cant trust him because he did nothing in 2 years and still he is saying that dont worry you will get it. i dont know what is happening but yeah thanks a lot all of you who tried to help me. waiting for senior members who can guide me more. tomorrow i am going to see other lawyers. lets see what will happen.
thanks once again