New PSW application during appeal process

[MattUK]

I applied for PSW visa on 28th October 2011(My visa expiry date was 31st October 2011).I was not meeting the maintenance requirement and my application was rejected.I had the right to appeal and I appealed to the First -Tier tribunal in time, My appeal was accepted on Human Rights grounds.Now UKBA has decided to contest the decision on of First-Tier tribunal and the matter has gone to the Upper tribunal.I had put the 800 pounds funds on 22 December 2011 and I would have had them in my account for 90 days on 21st March 2012.

Could I make a fresh application meeting all the requirements after 21st March 2012 ? Will I be considered an overstayer if the matter is with the Upper Tribunal when I make the fresh application ? If so - the overstay would be from the date of my visa expiry or the date of my fresh application. I understand that my appeal automatically gets withdrawn if I make a fresh application.

Please help me on this.Thanks.

[PSW WORRIES]

@ MattUK, we seem to be in the same shit. Be mindful that by applying for the PSW at this stage, you will be making an out of time application and they do have consequences. If u are refused, you will be required to leave ASAP and you will be classified an overstayer and be banned from the UK for 12 months.

I have read about some members who had the same issues such as ours and the outcome of their out of time applications were successful.

In my own case , i have till friday to appeal and my maintenance money will clock 90 days around same time with yours.

I have finished my masters prog, but i wish to stay back and finish up my last 2 ACCA PAPERS, after which i can gladly leave the UK.

I am as confused as you...are u seeking legal advice?

[MattUK]

@PSW Worries - I hope the outcome of my application will be successful.I am thinking of taking some legal advice, however do keep me posted if you become aware of any rules/trends in this regards.Thanks

[davvo]

@PSW Worries - I hope the outcome of my application will be successful.I am thinking of taking some legal advice, however do keep me posted if you become aware of any rules/trends in this regards.Thanks

I am in a similar situation too, made an application for PSW before my leave tire 4 expired, 020312 it was returned to me invalid, and I was asked to make a new application if I want to, however, my visa has expired while application was in HO, and have automatically overstayed.

I have used the 800 in my account, but the last balance for 800 in my acct is less than a month old, 20 feb 12 can I still apply with this statement?

and what are the chances that this application will be successful given the timeline below.

visa expired - 020312
invalid letter 030312
Package received and signed for 130312
New application ---will be 190312

[Jackson25]

I am in a same situation, refused with right to appeal due to problem with maintanance.

Now I am waiting for a date for my appeal to be heard and also thinking of making another application! - But I heard my appeal will be withdrawn which I dont want that as I already paid the solicitor to help me with my appeal!

I dont know which way is safer - shall I go through with my appeal or shall I re-apply?

[Jackson25]

Could you guys let me know about what you doing?
I will keep you posted as well here about my decisions!

Cheers

[tuliprose]

I am in a same situation, refused with right to appeal due to problem with maintanance.

Now I am waiting for a date for my appeal to be heard and also thinking of making another application! - But I heard my appeal will be withdrawn which I dont want that as I already paid the solicitor to help me with my appeal!

I dont know which way is safer - shall I go through with my appeal or shall I re-apply?

You may apply again but you must withdraw your appeal. You can't apply with pending appeal. It clearly says in the application form.

You can withdraw on same day as you apply, this way you will not be considered as overstay.

[tuliprose]

@PSW Worries - I hope the outcome of my application will be successful.I am thinking of taking some legal advice, however do keep me posted if you become aware of any rules/trends in this regards.Thanks

I am in a similar situation too, made an application for PSW before my leave tire 4 expired, 020312 it was returned to me invalid, and I was asked to make a new application if I want to, however, my visa has expired while application was in HO, and have automatically overstayed.

I have used the 800 in my account, but the last balance for 800 in my acct is less than a month old, 20 feb 12 can I still apply with this statement?

and what are the chances that this application will be successful given the timeline below.

visa expired - 020312
invalid letter 030312
Package received and signed for 130312
New application ---will be 190312

What was the reason for invalid application?

[PSW WORRIES]

Hey Guys, I have since appealed against the tier 4 refusal, but payment was not made, waiting for instructions on making the payment for the appeal.
I am thinking of stopping the appeal process and making a tier 1 PSW application, since i meet the following requirements:

Msc awarded Feb 2012
Bank statement - 800 pounds for 90 days.
I know this will be out of time. Does anyone have any idea of what to include in the cover letter to HO?

[Jackson25]

I am in a same situation, refused with right to appeal due to problem with maintanance.

Now I am waiting for a date for my appeal to be heard and also thinking of making another application! - But I heard my appeal will be withdrawn which I dont want that as I already paid the solicitor to help me with my appeal!

I dont know which way is safer - shall I go through with my appeal or shall I re-apply?

You may apply again but you must withdraw your appeal. You can't apply with pending appeal. It clearly says in the application form.

You can withdraw on same day as you apply, this way you will not be considered as overstay.

Thanks for your reply, the only thing I am worried now is my visa which was initialy expired on 27/11/2011. Also I dont have any valid reason to represent to HomeOffice to answer the question why am I applying again after nearly 4 months of my visa expiry! That's why I am still not sure to stick to my appeal or to make an out of time application!