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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.King_Khan wrote: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.
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 wrote: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.
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 wrote: 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.
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 wrote: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 wrote: 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.
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.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 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 AKing_Khan wrote:Policy guidance states: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.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
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.