PSW on ACCA Fundamental Papers

[affiliate]

http://www.ukba.homeoffice.gov.uk/sitec ... t/alvi.pdf

for all sadists to enlighten themselves anything which is recognised by something in the UK should qualify for PSW

Are you just being obtuse? "anything which is recognised by something"

After the Alvi judgement, it is unlawful to refuse an application on the basis of requirements not included in the Immigration Rules

But the requirement for a recognised degree WAS in the immigration rules.

Read the judgement from the High Court again.

Was it there really in the rules, quote me then.. please don't say it was there and
it was here, i had enough of your denial of facts...

In the judgement, honourable judge missed to consider alvi case..if you want to keep a blind eye its up to you..

[PaperPusher]

http://www.ukba.homeoffice.gov.uk/sitec ... t/alvi.pdf

for all sadists to enlighten themselves anything which is recognised by something in the UK should qualify for PSW

Are you just being obtuse? "anything which is recognised by something"

After the Alvi judgement, it is unlawful to refuse an application on the basis of requirements not included in the Immigration Rules

But the requirement for a recognised degree WAS in the immigration rules.

Read the judgement from the High Court again.

Was it there really in the rules, quote me then.. please don't say it was there and
it was here, i had enough of your denial of facts...

In the judgement, honourable judge missed to consider alvi case..if you want to keep a blind eye its up to you..

http://webarchive.nationalarchives.gov. ... roduction/

"

Interpretation

6. In these Rules the following interpretations apply:

...................

"a UK Bachelors degree" means

(a) A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level; or

(b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level.

http://webarchive.nationalarchives.gov. ... es/part6a/

(c) The applicant must have a minimum of 75 points under paragraphs 66 to 72 of Appendix A.

(d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.

(e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.

http://webarchive.nationalarchives.gov. ... appendixa/

Attributes for Tier 1 (Post-Study Work) Migrants
66. An applicant applying for entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant must score 75 points for attributes.

67. Available points are shown in Table 10.

68. Notes to accompany the table appear below the table.

Table 10

Qualifications Points
The applicant has been awarded:

(a) a UK recognised bachelor or postgraduate degree, or

(b) a UK postgraduate certificate in education or Professional Graduate Diploma of Education, or

(c) a Higher National Diploma ('HND') from a Scottish institution.

[PaperPusher]

http://www.bailii.org/uk/cases/UKSC/2012/33.html

The Alvi case you refer to.

[affiliate]

your highness pusher can now show me where it says UK RECOGNISED BACHELORS DEGREE in the rules.

Are you blind?

[hassan5805]

hahahah and see Alvi guidence page 8

[PaperPusher]

your highness pusher can now show me where it says UK RECOGNISED BACHELORS DEGREE in the rules.

Are you blind?

Appendix A, table ten

http://webarchive.nationalarchives.gov. ... appendixa/

The applicant has been awarded:

(a) a UK recognised bachelor or postgraduate degree

[PaperPusher]

hahahah and see Alvi guidence page 8

Alvi guidance page eight

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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.

Alvi guidance page 9

The applicant must score points in all four areas below. Points may be awarded to the applicant as follows:
 They will be awarded 20 points if the evidence demonstrates they were awarded either:
o a UK recognised bachelors degree, masters degree or PhD

[affiliate]

Paper pusher, u r a funny person. So have you applied for it or not?

[quantum1]

Don't be too desperate guys. Everyone to competent legal judges say ACCA is not a degree. Refusing to believe and being in denial will not make ACCA a degree. Lets be honest with each other.

[hassan5805]

Don't be too desperate guys. Everyone to competent legal judges say ACCA is not a degree. Refusing to believe and being in denial will not make ACCA a degree. Lets be honest with each other.

well you ryte but the fact is justice has been denied.. Justice definition is fair treatment with everyone but how more than half of them got visa other half not..

[PaperPusher]

Don't be too desperate guys. Everyone to competent legal judges say ACCA is not a degree. Refusing to believe and being in denial will not make ACCA a degree. Lets be honest with each other.

well you ryte but the fact is justice has been denied.. Justice definition is fair treatment with everyone but how more than half of them got visa other half not..

Imagine you were in a dispute with a neighbour. They wanted to build an extension which would block light from your property. People had won planning appeals for similar light-blocking extensions. People had also lost their appeals. The council refused the application because the plans did not meet the planning rules. Your neighbour goes to court, loses, submits a further appeal, loses again and appeals again to the High Court. The High Court decide to hear the case as a test case because there has been inconsistent application of the law by the lower courts.

The High Court Judges determine that light blocking extensions are not allowed according to the planning rules. The test case is now part of law as case law.

Your neighbour would not be able to get their extension on the basis of other judges making an incorrect decision. Neither would extensions that have been erroneously allowed by the courts be retrospectively demolished. All appeals in the system and future cases would be decided according to the planning rules and case law from the test case.

That is how the legal system, or justice system, in England and Wales operates.

Justice has more than one definition. The definition you have chosen perhaps relates to when the word justice is used in a moral, but not legal sense.

The test case was heard, precisely because some people had won their appeals and some people lost. From now on people will get the same, lawful, decision, which I think is fair treatment. No one can change what has happened in the past.

Judges do not have to carry on making unlawful decisions because of other judges' mistakes.

[affiliate]

Looks like paper pusher is from a city where there are lot of illegal building extensions....what an example!!!!

[affiliate]

No one is saying ACCA is a bachelors degree...

ACCA is post graduate degree level and the immigration rules doesn't define terms precisely, especially after Alvi case when lot of specifications in the form of guidance is taken out.

High court judgement is not the end of the world, we have options to challenge it.

It is common that people appreciate when you win and the same people criticise when you loose.

[PaperPusher]

No one is saying ACCA is a bachelors degree...

ACCA is post graduate degree level and the immigration rules doesn't define terms precisely, especially after Alvi case when lot of specifications in the form of guidance is taken out.

High court judgement is not the end of the world, we have options to challenge it.

It is common that people appreciate when you win and the same people criticise when you loose.

I don't believe this. I have posted the immigration rules where a degree is defined precisely. The immigration rules say a degree is required.

"There are none so blind as those who will not see"

[PaperPusher]

I am having trouble believing that people are still having trouble understanding why ACCA doesn't qualify for PSW.

There is nothing stopping people using every avenue of appeal.

But I think this response is more appropriate

[Greenie]

No one is saying ACCA is a bachelors degree...

ACCA is post graduate degree level and the immigration rules doesn't define terms precisely, especially after Alvi case when lot of specifications in the form of guidance is taken out.

High court judgement is not the end of the world, we have options to challenge it.

It is common that people appreciate when you win and the same people criticise when you loose.

No one? So no one in this thread has argued that ACCA is a bachelors degree over the last 36 pages?

I agree with Paperpusher, I am struggling to believe that supposedly educated intelligent people still cannot understand why ACCA papers are not a UK recognised degree. Either you are timewasters or you are deluded.

Not one of you has been able to articulate a clear, logical argument to support your claim that ACCA qualifies for PSW. Not even the great Zane Malik was able to articulate such an argument. You have asked for evidence that the requirement to have a UK recognised degree was in the rules, you have been provided this on a number of occasions and now can only resort to childish insults in response (Calling Paperpusher 'sad').

Answer us this - when you apply for jobs and in your CV do you claim that you have a bachelors degree/master's degree named 'ACCA'. I bet you don't - you state you have a professional qualification awarded by ACCA. If you are absolutely honest with yourself, forgetting what is at stake, you would not seriously claim that ACCA is a bachelors or postgraduate degree. You know it isn't. It's a professional qualification, everyone knows this. It cannot possibly be a degree as defined in UK law. Do yourselves a favour and move on from this, you are not going to succeed in arguing that ACCA qualifies for PSW. You are wasting your time and you need to explore other avenues if you want to remain in the UK.

[affiliate]

Greenie and paper pusher must be the worst affected by the judgement..that's why you guys check this forum out every day...

That's why you guys want to put counter arguments to get positive words and console yourselves.

That's why paper pusher posted funny answer to my question regarding definition of UK RECOGNISED BACHELOR DEGREE in immigration rules.

Good luck with your next exams guys.

[hassan5805]

Upper Tribunal’s decision in Mirza and recent decision from High Court in AHMED is also flawed. They have wrongly applied the definition of degree and also wrongly considered that the ACCA fundamental level is not UK bachelor degree level. They have failed to note that the ACCA fundamental level qualification is actually Oxford Brooke University’s (OBU) qualification. OBU has asserted that ACCA fundamental level (F1-F9) Qualification meets normal accounting degree requirement and that fundamental level award leading to an additional award of BSc applied accounting Degree (an optional degree and additional award), as the course was design at bachelor degree level. t all three component of Bachelor degree definition has meet by acca studnts and the award comes in the form of Fundamental level. In immigration rule definiont says a degree which leads to award... keep in mind thr

[PaperPusher]

That's why paper pusher posted funny answer to my question regarding definition of UK RECOGNISED BACHELOR DEGREE in immigration rules.

I don't see what was funny about it. You asked for the definition of UK recognised bachelor degree in the immigration rules and I posted the link to the immigration rules and quoted the definition.

I for one don't dispute that an ACCA qualification is degree level, it just isn't an actual bachelor or postgraduate degree.

[hassan5805]

degree definition is qualification which leads to an award..

[PaperPusher]

Upper Tribunal’s decision in Mirza and recent decision from High Court in AHMED is also flawed. They have wrongly applied the definition of degree and also wrongly considered that the ACCA fundamental level is not UK bachelor degree level. They have failed to note that the ACCA fundamental level qualification is actually Oxford Brooke University’s (OBU) qualification. OBU has asserted that ACCA fundamental level (F1-F9) Qualification meets normal accounting degree requirement and that fundamental level award leading to an additional award of BSc applied accounting Degree (an optional degree and additional award), as the course was design at bachelor degree level. t all three component of Bachelor degree definition has meet by acca studnts and the award comes in the form of Fundamental level. In immigration rule definiont says a degree which leads to award... keep in mind thr

Do you mean this?

(b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level.

Section 214(2)(c) says

(2)Subsection (1) above does not apply as respects anything done in relation to any recognised award; and for the purposes of this section a “recognised award” means—

(a)any award granted or to be granted by a university, college or other body which is authorised by Royal Charter or [F1by or under]Act of Parliament to grant degrees;

(b)any award granted or to be granted by any body for the time being permitted by any body falling within paragraph (a) above to act on its behalf in the granting of degrees; or

(c)such other award as the Secretary of State may by order designate as a recognised award for the purposes of this section.

(3)An order under subsection (2)(c) above may designate as a recognised award either—

(a)a specified award granted or to be granted by a person named in the order; or

(b)any award granted or to be granted by such a person.

I don't see how this section of the 1988 Education Reform Act helps. You need to find the order by the Secretary of State for Education that helps you.

The Judge in Syed had this to say about 214(2)(c)

(iii) The Education Reform Act 1988

13. At all times material to this case and prior to the evolution of the relevant Immigration Rules, there has been in force the Education Reform Act 1988. Part IV of that Act makes provision at sections 214 – 216 in relation to "Unrecognised degrees." The effect of those provisions is to create a criminal offence of (simplified and in summary) granting or offering to grant "any award" which is described as a degree or which purports to confer the right to the title of bachelor, master or doctor and may reasonably be taken to be a degree. Section 214(2), however, excepts any "recognised award", and recognised award is then defined as meaning "(a) any award granted or to be granted by a university, college or other body which is authorised by Royal Charter or by or under Act of Parliament to grant degrees; (b) …; or (c) …"

14. Although the provisions employ the phrase "recognised award" rather than "recognised degree", that is because, as is clear from the provisions, an "award" is or may be wider in scope than a "degree". Every degree or purported degree is an award, but not every award is necessarily a degree or purported degree. Although the provisions refer to a "recognised award", the heading to the provisions is "Unrecognised degrees" and in my view the provisions clearly contemplate a "recognised degree", being a category of "recognised award" which is, accordingly, not an "unrecognised degree."

The Education Reform Act also says at section 216

Identification of bodies granting or providing courses for recognised awards.
216
(1)For the purposes of sections 214 and 215 of this Act, any body for the time being designated by order made by the Secretary of State as appearing to him to be a recognised body shall be conclusively presumed to be such a body.

(2)The Secretary of State shall compile, maintain and publish by order a list including the name of every body which appears to him to fall for the time being within subsection (3) below.

[F3(2A)For the purposes of this section, as it extends to Scotland, the references in subsections (1) and (2) above to the Secretary of State are to be read as references to the Scottish Ministers.]

(3)A body falls within this subsection if it is not a recognised body and either—

(a)provides any course which is in preparation for a degree to be granted by a recognised body and is approved by or on behalf of the recognised body; or

(b)is a constituent college, school or hall or other institution of a university which is a recognised body.

(4)In this section “recognised body” means a body falling within section 214(2)(a) or (b) of this Act.

[PaperPusher]

degree definition is qualification which leads to an award..

Quote the bit you mean please and post the link.

[hassan5805]

(a) A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level; or
(b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level. http://www.ukba.homeoffice.gov.uk/polic ... roduction/ here is link and see from UK bachelor degree means..

[hassan5805]

Acca working and collaborate with OBU and therefore acca funademntal level which is leads to an award from OBU is fulfill the degree requirment..

[hassan5805]

in the definition
it didnt say that the degree actually hve been awarded its only require that leads to an award....Hope it will make sense to you..