malik5805 wrote:Guys i read the whole case but how this case will help us who applied Psw on the basis of fundamental level..
You are missing a point over here . This point of degree was not in IMMIGRARTION RULES as it was in the POLICY GUIDANCE . Now the approach UKBA will take to tackle outstanding cases will be as if they were present before when the applicant applied because they have incorporated those policy requirements into the Immigration rules but they cant do this thing with PSW policy guidance because it has already closed so UKBA in their guidance to caseworkers has clearly said to evaluate the application
on the balnce of probabilities and evidence provided and make a judgement AS THEY CAN NOT USE THEY POLICY GUIDANCE REQUIREMENTS AS BASIS OF THIER REFUSALS .
Please see the UKBA statement of change and look specifically for PSW Guidance on the left hand side
For Tier 1 (Post-study work) applications you must only consider applications against the requirements set out in the rules. Applicants must demonstrate they meet the requirements of the rules. The applicant may demonstrate this by providing evidence other than that
specified in the guidance. You must consider any evidence provided with the application and grant leave if the evidence demonstrates that, on the balance of probabilities, the requirements of the rules are met.
Considering Tier 1 (Post-study work) applications
Policy Guidance Req
Where an applicant has not provided evidence, as specified in the published policy guidance, you must review the evidence provided to identify whether there is sufficient information to qualify for a grant of leave under the route.
The evidence must demonstrate:
That they have been awarded, either:
o a UK recognised bachelors degree, masters degree or PhD
o a UK postgraduate certificate in education, or a professional graduate diploma of education, or
o a Higher National Diploma (HND) from a Scottish institution.
They either:
o studied for the eligible award at a UK institution that is a UK recognised or listed
body, or holds a sponsor licence under Tier 4 of the points-based system, or,
o are claiming points for having been awarded an HND at a Scottish publicly funded
institution of further or higher education, or at a Scottish bona fide private education
institution which maintains satisfactory records of enrolment and attendance.
Their period of UK study and/or research towards their eligible award were undertaken
while they had entry clearance, leave to enter or remain in the UK that was not subject
to a restriction preventing them from undertaking a course of study and/or research.
The date they were awarded the eligible qualification and demonstrate the application
for leave to remain as a Tier 1 (Post-study work) migrant was made within 12 months
of obtaining the eligible award or within 12 months of completing a UK foundation
programme office affiliated foundation programme as a postgraduate doctor or dentist.
If, on the balance of probabilities, you are satisfied sufficient evidence has been provided to show the applicant has met one of the above criteria, you must award the applicant 75 points under Appendix A and 10 points under Appendix B of the Immigration Rules.
If you have any concerns about whether any evidence provided should be accepted, you must discuss the application with your senior caseworker or line manager
Now these are the requirements which they cant incorporate into the Immigration Rules as it is closed so they have given the caseworkers authority to decide the cases on BALANCE OF PROBABILITIES