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Visa expired - can I still get a PWS?

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

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xyzed
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Visa expired - can I still get a PWS?

Post by xyzed » Wed Nov 16, 2011 6:11 pm

I had a miscommunication with my university and discovered today that I've overstayed by 2 weeks. My visa expired 31 October when I thought it was expiring in January. I haven't applied for a PWS visa yet.

Questions:

1. If I do send in my application and get my biometrics tomorrow, will my application be rejected on grounds my visa expired 31 Oct?

2. If I'm rejected, will I be refunded the price of the visa?

My university is aware of this problem.

Thank you in advance.

sparta
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Hi

Post by sparta » Wed Nov 16, 2011 6:54 pm

I don't mean to imply anything but how come you don't know when is your visa expiring. It's in your passport. You can submit an out of time PSW application but you will not have right to appeal in case of a refusal for whatever reason, its basically depends n the discretion of the case worker. And for instance you submit your application tomorrow, the biometrics can take up sometime. Some of my friends had their biometrics after 2 weeks of posting their application. In case of refusal your fee will not be refunded.

arsenal49
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Post by arsenal49 » Wed Nov 16, 2011 7:01 pm

you can make application anytime before 28 days of expiry date on your visa.

if the date of application posted via royal mail is before 28 days have elapsed, then they , by law, have to consider your app and you will not be rejected purely because you made out-of-time application

if refused, you will not get any appeal rights.

visa granted or rejected...either way your app fee will be deducted roughly within 5 days of app being received by ukba. could be more if you pay by cheque

xyzed
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Re: Hi

Post by xyzed » Thu Nov 17, 2011 5:00 am

sparta wrote:I don't mean to imply anything but how come you don't know when is your visa expiring. It's in your passport. You can submit an out of time PSW application but you will not have right to appeal in case of a refusal for whatever reason, its basically depends n the discretion of the case worker. And for instance you submit your application tomorrow, the biometrics can take up sometime. Some of my friends had their biometrics after 2 weeks of posting their application. In case of refusal your fee will not be refunded.
When I called my university's international office and asked about what I needed to do after getting my degree, they told me I had up to a year to apply for the PWS. I thought this meant I was allowed to stay in the country up to a year. Some of my friends told me this was wrong and they had to get PWS after 4 months because you have 4 months after finishing your course, but I found out today this only applies for 12 month courses and mine was 11.
you can make application anytime before 28 days of expiry date on your visa.

if the date of application posted via royal mail is before 28 days have elapsed, then they , by law, have to consider your app and you will not be rejected purely because you made out-of-time application
I'm confused, are you saying I can make an application and may be accepted so long as it's before 28 days have passed?

arsenal49
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Post by arsenal49 » Thu Nov 17, 2011 12:59 pm

if you make a VALID application within 28 days of the expiry date of your visa, then yes your application will be treated just like any other application except for the fact that if they refuse your app, then you wont get the right to appeal their decision and must leave country.

This also means that, if you are refused visa, you would have 'overstayed' for more than 28 days. This means that you will attract an automatic 1 year entry clearance ban. So, make sure you get it right first time around.

cheers

hieunguyen
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Post by hieunguyen » Thu Nov 24, 2011 3:51 pm

Hello arsebal49,

I'm in a similar situation as xyzed's, my visa is only valid until 30/11/2011 and due to some paperwork problem at my university, they cannot provide me with a PSW letter until 5/12/2011 despite the fact that I have completed my MSc course and will be graduating this December. So, if I apply for the PSW visa, say, on 6/12/2011, would they still treat my application as "in time"?

Sorry I donn't get what you mean by "within 28 days of the expiry date", do you mean "within 28 days from the expiry date" of the visa? In my case it would be until 28/12/2011?

And where can I find more information on this? I have tried the UKBA's webpage but couldn't find anything useful.

Thank you very much.
Hieu Nguyen

arsenal49
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Post by arsenal49 » Thu Nov 24, 2011 4:01 pm

hieunguyen wrote:Hello arsebal49,

I'm in a similar situation as xyzed's, my visa is only valid until 30/11/2011 and due to some paperwork problem at my university, they cannot provide me with a PSW letter until 5/12/2011 despite the fact that I have completed my MSc course and will be graduating this December. So, if I apply for the PSW visa, say, on 6/12/2011, would they still treat my application as "in time"?
No. You must apply BEFORE 30/11/2011, otherwise you will be termed an overstayer! Will you get your certificate/letter on6/12/2011. Will it say you have passed your course?It must not be a provisional certificate

Sorry I donn't get what you mean by "within 28 days of the expiry date", do you mean "within 28 days from the expiry date" of the visa? In my case it would be until 28/12/2011?
Correct. But you wont get the right to appeal the refusal, if you apply as an "over stayer".

And where can I find more information on this? I have tried the UKBA's webpage but couldn't find anything useful.
Its in the immigration law. don't have a link. search on this forum

Thank you very much.
Hieu Nguyen
My advice:
1.apply on 30 Novemeber via Royal mail,
2.Pay your fees by cheque (it takes 5 days to clear cheque)
3. Submit "Change of Circumstances" Form on 5/12 as soon as your uni issue you one. Submit it via Royal mail special delivery

hieunguyen
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Post by hieunguyen » Thu Nov 24, 2011 4:34 pm

Hi arsenal49,

thank you very much for the quick reply. There is still something that I'm not clear about.

If I sent the application in the evening of 30/11 using 2nd class recorded Royal Mail and let's say they received my application on 3/12, would they immediately reject my application due to lack of documents (the PSW letter from the university) regardless of the visa fee?

And if they send the (rejected) application back on 4/12 using first class recorded and it gets back to me on 6/12 while the "Change of Circumstances" Form is currently on the way (with Special Delivery), will it have any effect on the application any more?

With regards,
Hieu Nguyen

arsenal49
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Post by arsenal49 » Thu Nov 24, 2011 4:43 pm

hieunguyen wrote:Hi arsenal49,

thank you very much for the quick reply. There is still something that I'm not clear about.

If I sent the application in the evening of 30/11 using 2nd class recorded Royal Mail and let's say they received my application on 3/12, would they immediately reject my application due to lack of documents (the PSW letter from the university) regardless of the visa fee?
It will take them at least few days to figure out if your application is VALID or not. I think, first step for UKBA is to take the money out and then figure if you have submitted a valid app or not (in my experience at least, i could be wrong here). So you have already got 5 days to play with, at least!

And if they send the (rejected) application back on 4/12 using first class recorded and it gets back to me on 6/12 while the "Change of Circumstances" Form is currently on the way (with Special Delivery), will it have any effect on the application any more?

If they have sent back application... well your change of circum form will not have much effect and you can consider yourself extremely unlucky. Onus is upon the applicant to provide them with all the docs at the time of submitting original app. Remember you are trying to circumvent a system here to ensure you dont fall foul of the rules.

By the way, the probability of them sending app back, as invalid, so soon, is next to none!


With regards,
Hieu Nguyen

hieunguyen
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Post by hieunguyen » Thu Nov 24, 2011 4:53 pm

Thank you very much arsenal49, I will do it as you have just shown me. I hope everything will be alright. If the university could provide me with the PSW letter just a bit sooner then we wouldn't have to risk it like this :(

But hey, once again many thanks to you. You have helped me a lot and I really appreciate it :)

Bye for now,
Hieu Nguyen

hieunguyen
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Post by hieunguyen » Fri Nov 25, 2011 3:58 pm

Hi again arsenal49,

I have another question. The Change of Circumstances Form will be sent to another address right? So will my application be amended in time with my PSW letter sent to the other office?

Thank you :)

arsenal49
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Post by arsenal49 » Fri Nov 25, 2011 6:48 pm

you need to send the change of circum. form to where it asks you to send it to!

ukba got internal procedures in place to re-route the forms. you need not worry abut that. hang on to all the royal mail receipts

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