PSW REJECTED!

[Pardoe]

Hi,

My psw application has been rejected because i sent my degree in July instead of with my application at the beginning of april when I got it. Surely the border agency had time to look at it if they reject my application now at this time!! Any help??

[Lucapooka]

If you graduated or were confirmed as being awarded your degree after the date of submitting your application, the award can't be considered and it's a shame you were not aware of this when you applied as you seem to have been hanging around for a refusal that was inevitable. If you now want to stay in the UK you will have to look at other immigration categories. You have 28 days to make an application to switch, otherwise you will be obliged to apply outside the UK.

[Pardoe]

I did obtain legal advice, many lawyers were saying that as long as they have my degree certificate before the day of their decision making, then i am good to apply. Loads of people did apply because they got told the same things..

[privatepg]

Hi,

My psw application has been rejected because i sent my degree in July instead of with my application at the beginning of april when I got it. Surely the border agency had time to look at it if they reject my application now at this time!! Any help??

I have a same situation. Applied with provisional result, requested to hold my application till my final result, submit my final transcription in july before biometric. got my biometric in august and got refusal in end of September.

Refusal:

Therefore you do not satisfy the requirements of the Immigration Rules for this category and it has been decided to refused your application for Leave to Remain as a Tier 1(Post Study Work) Migrant under paragraph 245FD of the Immigration Rules as you do not meet the requirement at paragraph 245FD(c) and 245FD(d).

Your are not entitle to appeal this decision. Section 82 of the Nationality Immigration and Asylum Act 2002 does not provided a right of appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here.

You still have eave to remain where your current conditions continue to apply untill 31 December 2012.

You are not required to leave the United Kingdom as a result of this decision.

[TB9]

Hi Privatepg and Pardoe,

I am exactly on the same page, with same legal advice.

Lets have a hope atleast.

[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

[Lucapooka]

College degree-awarding policy has never been operationally synchronous with the ebb and flow of UK immigration rules. If your particular college did not award your degree before a certain UKBA deadline, that is a matter of regret (for you) but not something that can be considered unfair or unreasonable on the part of the college.

[Tobacco26]

unfair n the sens that they gave result t some of classfellows and didnt gve many like me, even we all were in same session and were given this in written that ur result would be announced before end of March 2012 and den they could not give result excpt some lucky fellows!!!
thnx for reply dear.

[Lucapooka]

How is this the fault of the UKBA? If the college gave out some awards earlier or later than others, that is a matter entirely for the college. You would only appeal a decision for refusal if it were the fault of the UKBA. You are barking up the wrong tree.

Dear? Are you Hinge or Brackett?

[Tobacco26]

the point s that why shud i face mismanagement of college when i fulilled all their reqirements to get result beforer April 2012??
even college admits it that we could nt give u result on time and feel sorry fr that but hey idiots are not giving any apology in writing which i cn show to court and dis could also be considered a strong point that it was all institute's fault who cudnt deliver result on time

[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.

[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

[Tobacco26]

ALLAH-O-AKBAR
THNXX ALLAH....
Really a big relirf!!
Thnx Khan fr shrng sch cheerng news...ALLAH Bless U
JZAKALLAH

[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????

[a2yousaf]

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