PSW application-overstayer student, but granted visa after.

[nishmoody]

HELLO,

i have a complex immigration history. firstly i overstayed for 10months BUT then was granted a student Tier4 visa when i applied. i explained that uni faced up my grades and i couldnt get a CAS on time , which took 10 months (BELIEVE IT OR NOT).

My Question now is : Can i apply for PSW visa ? even though i overstayed but ultimately Got a tier4 student visa. but in the attributes it says that i must have permission to remain for the whole of my studies.

Now im confused coz i did overstay , but got a visa. so can i claim points for attributes for the immigration history. coz technically i do have a Tier 4 visa now.

Any help will be appreciated.

[King_Khan]

Since you have valid leave to remain at the time of making application therefore, I assume, it will be safe for you to go for it. your overstaying should have created problem only when you went for the student visa in the first place.

[nishmoody]

Since you have valid leave to remain at the time of making application therefore, I assume, it will be safe for you to go for it. your overstaying should have created problem only when you went for the student visa in the first place.

Thanks for the reply man. i just posted a new topic with a more clear picture of my situation, if u can look at that plz.

Basically in the application form NOW they ask you to score 20 points for having a valid permission to remain for the WHOLE of ur studies. but my previous overstay was in the middle of my studies. so can i still get a PSW by explaining the previous overstay , like will they use any discreation?? coz in the guidence it says very clearly that you need to have a Valid permission to remain throughout ur entire course of study. OR worst case will they refuse it straightaway coz i didnt score the 20points ??

[King_Khan]

Still in my opinion you should go for it. It is better to clear your previous overstay because even if you don't they are going to check your record any way so its better to clear your previous situation to them again. It is quite likely that they will understand your circumstances otherwise they wouldn't have granted you extension in the first place. . Refusing your application won't cancel your current leave to remain so i think it is worth going for it.

[Greenie]

Still in my opinion you should go for it. It is better to clear your previous overstay because even if you don't they are going to check your record any way so its better to clear your previous situation to them again. It is quite likely that they will understand your circumstances otherwise they wouldn't have granted you extension in the first place. . Refusing your application won't cancel your current leave to remain so i think it is worth going for it.

you have misunderstood the rules, and the OP's query. PSW requires that the applicant had valid leave to remain permitting study for the duration of the course. It's not that he risks refusal due to overstaying per se, rather, that he risks refusal because he doesn't score the points for PSW because of the overstay.

[King_Khan]

you have misunderstood the rules, and the OP's query. PSW requires that the applicant had valid leave to remain permitting study for the duration of the course. It's not that he risks refusal due to overstaying per se, rather, that he risks refusal because he doesn't score the points for PSW because of the overstay.

Yes you are right, but the reason of his overstay makes sense. It was his college/uni which caused him to overstay and he (might have) explained it in his tier4 application that probably is why his extension was granted and it also implies that UKBA are ok with that. If someone overstays by 10months it means that person is living here illegally and illegal immigrants cannot apply for visa, if they do and their application is accepted then it should override their past history for future applications.

[Greenie]

you have misunderstood the rules, and the OP's query. PSW requires that the applicant had valid leave to remain permitting study for the duration of the course. It's not that he risks refusal due to overstaying per se, rather, that he risks refusal because he doesn't score the points for PSW because of the overstay.

Yes you are right, but the reason of his overstay makes sense. It was his college/uni which caused him to overstay and he (might have) explained it in his tier4 application that probably is why his extension was granted and it also implies that UKBA are ok with that. If someone overstays by 10months it means that person is living here illegally and illegal immigrants cannot apply for visa, if they do and their application is accepted then it should override their past history for future applications.

you are still missing the point. the reason for the overstay is not relevent. the fact that he was granted further leave as a student is because the tier 4 rules allow it. it doesn't change the fact that the PSW rules require leave permitting study for the duration of the course.

[King_Khan]

Policy guidance states:

The applicant’s periods of UK study and/or research towards his eligible award were undertaken whilst he had entry clearance, leave to enter or leave to remain in the UK that was not subject to a restriction preventing him from undertaking a course of study and/or research

He had valid student visa both on commencement and at the end of his study course which, of course, was not subject to a restriction preventing him from undertaking a course of study. During his studies his extension was delayed only because of his institution but still he remained a student and continued his studies until after his CAS letter was issued by his institution.

His overstay was not preventing him from carrying on his course of study, if it was then his education establishment is also liable for breaching the law.

[Greenie]

Policy guidance states:

The applicant’s periods of UK study and/or research towards his eligible award were undertaken whilst he had entry clearance, leave to enter or leave to remain in the UK that was not subject to a restriction preventing him from undertaking a course of study and/or research

He had valid student visa both on commencement and at the end of his study course which, of course, was not subject to a restriction preventing him from undertaking a course of study. During his studies his extension was delayed only because of his institution but still he remained a student and continued his studies until after his CAS letter was issued by his institution.

His overstay was not preventing him from carrying on his course of study, if it was then his education establishment is also liable for breaching the law.

he did not have valid leave to remain for the duration of the course, and therefore UKBA may say he does not score the points required in the 3rd row of table 10 of Appendix A