PSW rejected - Degree awarded few days after 4th april

[TB9]

Hi All,

A Big Thanks to this place for all the support and guidance.As we all have learnt/shared a lot from here, I would also like to put my case and would like to seek some help/advice/suggestion.

My case is very straight with one fall i.e. I was awarded degree after 4th April 2012

I was on a student visa in this country and did MBA from a reputed University.

PSW applied - 4th April 2012

Visa expired - 16th April 2012

Degree awarded - 1st May 2012

Bio metric done - 14th August 2012

Application rejected - 27th September.

Appeal lodged - 1st October

I applied for PSW with all the documents except my degree certificate, thinking that its better to get enrolled before the scheme dissolves. By this, I would atleast have a chance to fight for it by staying legally in this country. My application was rejected stating that I did not the requirement of 95 points through PBS.

My course ended in Jan 2012 but due to a resubmission, my result got delayed and was declared officially on 1st May 2012.Generally they send a query if there is any missing document and it was mentioned in the acknowledgement letter too. But unfortunately they have sent me a rejection.

I have appealed on the ground that UKBA should have atleast checked my degree status through my university before they rejected my application on 27th September.

Is there any chance of winning this life changing case or anything I can do more to get this sorted.

Many thanks in advance and I would be grateful for any kind of help.

Best Regards,

Tab

[geriatrix]

Did you send any documentary evidence(s) of having gained a qualification after the result was declared on 1st May? Or did you just sit and do nothing .. hoping that UKBA will get in touch with your University to enquire whether you had gained a qualification?

[TB9]

Dear sushdmehta,

Thanks for the response.

Unfortunately, I did not send anything to UKBA as I followed what was written on the acknowledgement letter - "Do not send any document until asked".

So as of now, my only chance is to show all the documents in the court at the time of hearing.Does this give me any hope? And also is there any clause that PSW would only be granted to the person who has got degree before or on 4th April 2012?

Many Thanks,

Tab

[geriatrix]

The requirement is that the applicant must meet the specified requirements on the date of the application.

Had you made an effort to send evidence of your qualification as soon as you had such in your possession, things might have been different or you would have had a stronger case to argue at the time of appeal.

[TB9]

No ! Unfortunately I waited for them to send me a query and it turned ironically

So only thing is I am left with is the hope of my solicitor. He is saying that UKBA will get more than 2000 cases like me and they have to sort this out in a lenient way.

I think there is nothing more I can do as of now.

Tribunal has deducted the fee from my account.I am just waiting for them to announce my hearing date and my solicitor will prepare the bundle of the documents to support.

As per him, the ground of my appeal is - UKBA has to check my qualification/or for many missing document before they make a decision.

[bobobo]

Sorry to be the bearer of bad news, your solicitor sounds like an idiot. When the HO have put all the rules/qualifying criteria's in black and white I am not sure how assumptions can be made in regard to that. HO are NOT bound to contact you to ask for updated qualifications, thats why the rules said that the qualification should have been "awarded" even if the physical degree hasnt been. Simple as that, dont see how people cant understand this or get this wrong.

The truth is people took a shot and a gamble and thought maybe HO would blindly ignore the fact and grant the Visa's, now we are seeing this backfiring. Clearly the rules were not adhered too.

No ! Unfortunately I waited for them to send me a query and it turned ironically

So only thing is I am left with is the hope of my solicitor. He is saying that UKBA will get more than 2000 cases like me and they have to sort this out in a lenient way.

I think there is nothing more I can do as of now.

Tribunal has deducted the fee from my account.I am just waiting for them to announce my hearing date and my solicitor will prepare the bundle of the documents to support.

As per him, the ground of my appeal is - UKBA has to check my qualification/or for many missing document before they make a decision.

[TB9]

Dear bobobo,

Thanks! Yeah what I can say except 'Shit happens,it happens'. Certainly, I am a glass half filled person, so would not give up till the time I have my baggage in the flight

But thanks for the clear vision.It has taught me a lesson of not depending on so called 'solicitors'.

[Tobacco26]

Hi all..M also on the same boat that sent my result aftr 5th April 2012.

But my case is different in a way that I submitted my dissertation in Jan 2012 and my college gave me a course Cmpletion Letter where it was stated that your result would be announced before the end of March 2012...but unfortunately me and some of my other classfellows were not given result till 5 April....some of classfellows luckily got their result and at the end got PSW as well.....
Dont u think it is totally unfair that we were all in same class and same session and submitted dissertation bfore dedline.....nd sme gt result and psw but we got nothing excet result ???
Just unfair...isnt it???
Can anybdy help regarding that??
M going to appeal against this decision anyway

[TB9]

Hi All !

I have got an update and hope this might answer to some extent.

Subject:
My PSW application was rejected as my final result was declared after 5th April 2012.

I applied to first tier tribunal and decision was partially allowed. That was, they put a stay on my removal under the act and Judge asked me to apply to Upper tribunal. In her written decision she added a line quoting EMPHASIS ADDED for UKBA to consider my application again.

So she directed me to apply to Upper tribunal for further course of action.

My strong ground was - even after receiving the final degree, I did not submit it to UKBA. Reason being, they have stated in my acknowledgement letter to not to send anything until and unless asked.

So I just simply followed the rule.

Being eligible for PSW is a later thing, but UKBA should have atleast asked for my document, in case if its missing. They just rejected me directly.
So, I took it as a strong ground and with the directions of First Tier Judge, applied in Upper tribunal.
Taking this issue as a debatable argument my permission to appeal was granted in 12 working days.

After that, I was just waiting for a date from tribunal but all of a sudden after a couple of days, I realised that Upper Tribunal has refunded my Appeal Fees (£140)

So, my concern now is this is a Good sign??

It was natural for me to search all over Internet and what I have got so far is, Tribunal only refunds in 2 situations. If either of the parties withdrawn the case or any other financial issues. In my case, I am sure I have not withdrawn, so I hope it should be of some good news to me.
fingercrossed

What makes me anxious is, amount was refunded last Friday and I have not received any letter from UKBA or Tribunal defining the current stage.

Anyways, I hope this information would be of some help to all in the same boat.

Will keep you all updated.

Till then Keep calm and carry on. Have faith in your doings.

Take care.

[Tobacco26]

@TB9...Did u tlk to sm experts or wt ur solictr says abt that??
Is court in the mood to give any relief to pepl like us whoevr submited degree aftr 6 aprl??

[Greenie]

Hi All !

I have got an update and hope this might answer to some extent.

Subject:
My PSW application was rejected as my final result was declared after 5th April 2012.

I applied to first tier tribunal and decision was partially allowed. That was, they put a stay on my removal under the act and Judge asked me to apply to Upper tribunal. In her written decision she added a line quoting EMPHASIS ADDED for UKBA to consider my application again.

So she directed me to apply to Upper tribunal for further course of action.

Take care.

I find this unusual. What exactly did the judge say in the determination?

[TB9]

Hi All !

I have got an update and hope this might answer to some extent.

Subject:
My PSW application was rejected as my final result was declared after 5th April 2012.

I applied to first tier tribunal and decision was partially allowed. That was, they put a stay on my removal under the act and Judge asked me to apply to Upper tribunal. In her written decision she added a line quoting EMPHASIS ADDED for UKBA to consider my application again.

So she directed me to apply to Upper tribunal for further course of action.

Take care.

I find this unusual. What exactly did the judge say in the determination?

First Tier Tribunal Judge dismissed my appeal saying that UKBA act according to the regulations by rejecting my application as they did not have my degree that time.

But she also added that this is an arguable statement that why did not they asked me to submit the document.Its the duty of the caseworker to atleast contact the applicant in case of missing documents. So in the decision para, she asked me to appeal to Upper Tribunal and asked UKBA to lay emphasis on my appeal this time.

Following the direction,I appealed in the First tribunal to appeal in the Upper tribunal and fortunately they granted me the permission.

I got the acknowledgement letter from Upper tribunal saying that case has been enrolled and a determination date will be Issued in coming 28 days.

So,I was waiting for the date and all of a sudden last week they refunded my whole court fee.

So now I am waiting for any formal letter from them describing my real situation.And I guess court only refunds an amount if either of the parties withdraw the case or Court has done the determination without hearing.

Rest will be my fate.

I hope this would clear the air, Greenie !

[TB9]

@TB9...Did u tlk to sm experts or wt ur solictr says abt that??
Is court in the mood to give any relief to pepl like us whoevr submited degree aftr 6 aprl??

Hi Tobacco26,

Yes I have a Solicitor and a Barrister through him. As I am still waiting for my decision,I can't be so confident in saying what UKBA wants but I am damn sure they can't afford to put a full stop. There is always a way or other to keep the flow.

Anyways, I would recommend you to have a good solicitor and discuss your case further. Its all about how you make your case strong and then present it in fine technical jargons.

Good Luck.

[freebeee]

Any News on PSW APpeals at upper tribunal?

[TB9]

Not yet. Still waiting.

Fingerscrossed.

Any News on PSW APpeals at upper tribunal?

[Khan389]

Salam to u all
The students who were awarded degree after 4th of april but their degree
Was infront of case worker before decision making have won the case in upper tribunal so relax and offer prayers to ALLAH
There is link of case


http://www.ait.gov.uk/Public/Upload/j25 ... _nepal.doc

[madees_83]

Hello
My case is similar like you guys but my appeal was in first tribunal. On 15th of Jan 2013, First tribunal postponed all hearing and dictated me that there is a similar kind of case is in higher tribunal. When higher tribunal decide something as a decision, we will review that decision and take the action accordingly. Then I heard that all candidates who have been awarded their degrees after 5th April 2012 but by the time of decision degree was in front of case worker, will get the PSW.

Please let me know, now what do I need to do? because I have contacted my solicitor and they are saying you have to pay £300 more for make an application as you are requestion UKBA to grant a VISA...... Anyone have any news or information about it????

[freebeee]

My appeal was withdrwan on 23rd November ,,,i still havent heard anyting from ukba,,,,,
Is anyone else has got PSW after appeal?

[TB9]

Hi Freebeee,

What stage was your appeal at - First or Upper Tribunal? And in what way did they withdraw? Did you get a letter or your court fees just got refunded?

Kindly elaborate so that we can suggest you something.

But bottom line is, I and many people here have their hearing pending in last week of this month and then Upper tribunal will clear the air.

Hope this will help.

Best Wishes,

TB9

My appeal was withdrwan on 23rd November ,,,i still havent heard anyting from ukba,,,,,
Is anyone else has got PSW after appeal?

[freebeee]

My appeal was withdrawn by UKBA. I recieved letter after that by firsst tribunal

Respondant (UKBA) has withdrawn original decision(s) of appeal
& court is satisfy with this withdrawal .

As my solicitor paid feese from his account , i have doubt he might have feese got refund. But they all are money eaters ,, I think they wont tell me about it.

[TB9]

My appeal was withdrawn by UKBA. I recieved letter after that by firsst tribunal

Respondant (UKBA) has withdrawn original decision(s) of appeal
& court is satisfy with this withdrawal .

As my solicitor paid feese from his account , i have doubt he might have feese got refund. But they all are money eaters ,, I think they wont tell me about it.

Thats a good sign.

You have a much stronger side.

Only thing you need to do now is wait for the further direction. Tribunal has started clearing the backlog and hopefully it will be sorted out by first week of march.

In my and many other cases, UKBA didn't withdraw the case and appeal got dismissed, so we went to Upper tribunal.They granted us the permission to appeal and then after a month refunded our fees. And last week they have started giving out hearing dates and we all are very close to each other starting from last week of Feb.

True, Solicitors know how to pick our pockets. They take undue advantage of our wish to leave in this country and have a future. No offence meant to anyone, its just my personal view.

Worst thing is, we don't have any other option and generally we don't like to take any risk in such matters.

You might get lucky as you will not have to pay your solicitor for further hearings and documentation. You might just get a straight letter from Tribunal or UKBA asking your documents again to action PSW. But unfortunately I have paid almost a grand for every time I appealed.

Anyways, this is how it is. So I wish you good luck and hopefully we gonna have a smiling face after the decision.

Best wishes,

TB9

[wasimraza121]

Salam to u all
The students who were awarded degree after 4th of april but their degree
Was infront of case worker before decision making have won the case in upper tribunal so relax and offer prayers to ALLAH
There is link of case


http://www.ait.gov.uk/Public/Upload/j25 ... _nepal.doc

Does anyone know Home Office has appealed in the Court of Appeal against Khatel and others (s85A; effect of continuing application) [2013]?

Has any got any more update??

[laghari_iam]

can any one please advice?

i've submitted my pre action protocol on 7th feb 2013, its been exactly 14 days but haven't heard any thing from them yet. shall i go for JR then? or wait another 1 week?

[ghwadia]

can any one please advice?

i've submitted my pre action protocol on 7th feb 2013, its been exactly 14 days but haven't heard any thing from them yet. shall i go for JR then? or wait another 1 week?

HELLO CAN U PLZ TELL ME WHAT IS PRE ACTION PROTOCOL ? BCS I RECEIVED ONE LETTER FROM UPPER TRIBUNAL CAN U PLZ TELL ME THIS LETTER U RECEIVED


this case involves no further evidence.it is for decision on submissions only,which should easily be completed in writing.

Parties may now wish to submit on how recent authority, in particular KHATEL AND OTHERS (s85A;effect of continuing application) [2013]UKUT 00044 (IAC) bears on this case.

parties have a further 14 days from the date of issue of these directions to serve on the UT and on each other any further written submission concerning the disposal of the appeal.failing a response from the SSHD within the time limited by this direction,the tribunals likely to assume that the appeal is no longer insisted upon,and to issue a determination without a hearing,dismissing the SSHD'S appeal to the UT, and directing that the determination of the fit shall stand.

[vinny]

Pre-Action Protocol for Judicial Review.