Tier 2 Application refused

[Arslaan]

I'm living in UK for last 5 years, my current leave as Tier 4 (student) expires on 01/11/2011. I applied for Tier 2 visa and my application is refused. The reason is

You have not met the requirements of paragraph 245HD(g) of Immigration Rules, which states that:

an applicant who was last granted leave as a Student, a Student Re-Sitting an Examination, a Student Nurse, a Student Union Sabbatical Officer, or a Tier 4 Migrant must have completed studying a course of study of at least one academic year in duration during that period of leave.

My last course was 3 year course which required work placement as well. I completed my 2 years in course along with work placement but then lost my job due to recession. I tried almost everywhere to find job/work placement so I can complete my course but didn't succeeded. In the meantime, came across a job related to my previous education, I applied for it and luckily got the job offer.

Need advise, what should I do now, shall I appeal against the refusal or shall I go back to my home country and apply from there as fresh application? Also my passports were retained as well.

Thanks

[geriatrix]

I don't think appealing the refusal will get you anywhere .. because you do not meet the requirements.

[Arslaan]

I don't think appealing the refusal will get you anywhere .. because you do not meet the requirements.

even though my new job offer has nothing to do with my current course??

[geriatrix]

You haven't "completed" your course, so you clearly do not fulfil this requirement.

Whether the job offer you have received is in the same field as your unfinished course or in another unrelated field is immaterial.

[bastagol]

This is soley my opinion and might not work at all, do check if that is possible.

Appeal against the decision so you dont get overstayed. In the mean time apply for Psw. and continue working for the employer once you get psw

[Lucapooka]

Can you describe your course with work placement; was this full or part time? I trying to understand how this fits in with the work restrictions of a Tier 4 visa.

[geriatrix]

Appeal against the decision so you dont get overstayed. In the mean time apply for Psw. and continue working for the employer once you get psw

When an appeal is pending, a new application for leave to remain cannot be made. Also, with the information given (course not completed), on what basis will OP apply for Tier 1 (PSW)?

[Arslaan]

Can you describe your course with work placement; was this full or part time? I trying to understand how this fits in with the work restrictions of a Tier 4 visa.

My course was Dispensing Optician (Part Time) which require work placement along with course for same duration. I completed first 2 years and then lost work placement so couldn't carry on the course.

Thanks for your replies, I've made my mind to go back and apply from outside the UK for work visa cause I still score 75 points under PBS system and my course worker even said, if I do that, there is no reason why I shouldn't get the visa.

[geriatrix]

There is no restriction, as specified in 245HD(g), when applying for entry clearance (245HB), so you have been advised correctly.

That said, how did you manage to get Tier 4 leave for a "part-time" course?

My course was Dispensing Optician (Part Time)

[Arslaan]

just to upadate this thread, i went with appeal and judge took only 5 minutes to reverse the decision and I was granted tier 2 visa till 2014.

[mamuka]

Hi there,
I have an identical situation please advise how you managed to sort it out, 7 days left for appeal, my mail is kandelakim@yahoo.com , t hanks, I really need help