- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
well actually they do send one stop warning letters to PBS migrants who have been refused - the warning is usually included in the refusal letter.Lucapooka wrote:You are simultaneously putting the cart before the horse and barking up the wrong tree. The UKBA send such letters in asylum and HR cases and certainly not for PBS migrants who have been refused.
Hi,Lucapooka wrote:Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.
Hi do you have a link regards to 28 days.Lucapooka wrote:Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.
We will send out the one stop warning statement of additional grounds letter regarding to the new reasons why I think I can stay.Greenie wrote:exactly - the 28 day rule only applies to applications made from outside the UK but given that you will overstay more than 28 days to make a new application, you will need to bear this rule in mind.
Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.Lucapooka wrote:Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.
Appendix A wrote:Post-Study Work
78C. In order for the applicant to be awarded points for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must:
(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:
(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,
or
(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.
This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.vinny wrote:Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.Lucapooka wrote:Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.
Appendix A wrote:Post-Study Work
78C. In order for the applicant to be awarded points for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must:
(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:
(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,
or
(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.
Could you please let me know where you found this?Greenie wrote:This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.vinny wrote:Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.Lucapooka wrote:Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.
Appendix A wrote:Post-Study Work
78C. In order for the applicant to be awarded points for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must:
(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:
(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,
or
(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.
Hi,Yen wrote:Could you please let me know where you found this?Greenie wrote:This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.vinny wrote:Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.Lucapooka wrote:Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.
Appendix A wrote:Post-Study Work
78C. In order for the applicant to be awarded points for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must:
(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:
(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,
or
(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.
I phoned the caseworker who rejected my application, she just said either appeal or make another application.
it's in the rules quoted above. you can make another application but that doesn't mean it will suceed.Yen wrote:Could you please let me know where you found this?Greenie wrote:This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.vinny wrote:Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.Lucapooka wrote:Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.
Appendix A wrote:Post-Study Work
78C. In order for the applicant to be awarded points for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must:
(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:
(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,
or
(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.
I phoned the caseworker who rejected my application, she just said either appeal or make another application.
Hi Greenie,Greenie wrote:it's in the rules quoted above. you can make another application but that doesn't mean it will suceed.Yen wrote:Could you please let me know where you found this?Greenie wrote:This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.vinny wrote:
Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.
I phoned the caseworker who rejected my application, she just said either appeal or make another application.
Thanks Greenie.Greenie wrote:I have already answered the question-and the answer is no. Points would have to be claimed in another way-e.g. RLMT or shortage occupation.
Also, my new CoS was issued when I was still under 3C as my appeal was being considered. Do you reckon this will be considered as swithcing from PSW at teh time when CoS was issued?Greenie wrote:I have already answered the question-and the answer is no. Points would have to be claimed in another way-e.g. RLMT or shortage occupation.