Got stuck in a Strange Situation ...pls advise guys

[Avinine86]

Hello People,

My Post Study Work visa has expired on 9th February 2013. By Jan30th, I have applied for a dependent visa to my wife's tier 1 entrepreneur visa. Her visa got refused and we have appealed the decision to the court hearing is due on 20th Feb next year. My dependent application got rejected as well and I have appealed along with my wife's application.

Now, My employer is ready to sponsor my visa provided my last granted PSW visa still applies to my current stay. As PSW candidates are exempt from Resident Labour Market Test, my employer says I should provide a valid PSW visa.

Is there any person here who knows whether I would still be considered as PSW ?

Regards

Avinash

[manci]

My employer......

Does your employer employ you at present without knowing whether they are allowed to do so?

[TSAZ]

Hello People,

My Post Study Work visa has expired on 9th February 2013. By Jan30th, I have applied for a dependent visa to my wife's tier 1 entrepreneur visa. Her visa got refused and we have appealed the decision to the court hearing is due on 20th Feb next year. My dependent application got rejected as well and I have appealed along with my wife's application.

Now, My employer is ready to sponsor my visa provided my last granted PSW visa still applies to my current stay. As PSW candidates are exempt from Resident Labour Market Test, my employer says I should provide a valid PSW visa.

Is there any person here who knows whether I would still be considered as PSW ?


Regards

Avinash

Hi
Your status will remain same until your appeal is decided under section 3(c) and you can practice with your previous visa conditions.hope it will help

[Avinine86]

My employer......

Does your employer employ you at present without knowing whether they are allowed to do so?

I have been with my employer for 2 years. But they would like me to find out if my PSW conditions are still active as my PSW expired on february.

[Avinine86]

under section 3(c)

Pls can you inform which section 3(c) you have mentioned above? I would like to read that section 3 (c) if you can kindly advise on which policy guidance its available ?

[KickAss]

My employer......

Does your employer employ you at present without knowing whether they are allowed to do so?

Exactly what I wanted to know.
If your current employer wants to sponsor you, how come they are not aware about your situation ?
If they are why they are asking for a valid PSW ?
Hope you have made them aware about your situation.
Irrespective of what ever your situation is... your immigration status is still PSW.

[Avinine86]

My employer......

Does your employer employ you at present without knowing whether they are allowed to do so?

Exactly what I wanted to know.
If your current employer wants to sponsor you, how come they are not aware about your situation ?
If they are why they are asking for a valid PSW ?
Hope you have made them aware about your situation.
Irrespective of what ever your situation is... your immigration status is still PSW.

Sorry guys. I haven't conveyed the message right.

My employers do know that I have been on Post Study work visa and that it had been expired.

But what they want to know is whether I could still considered as per PSW conditions. If they are convinced that I am under PSW conditions, they are ready to do TIER 2 as they dont have to under take resident labour market test.

[Avinine86]

Irrespective of what ever your situation is... your immigration status is still PSW.

If this is right, I would be sponsored immediately. I have to prove my employer by stating some evidence on UKBA guidance documents but couldn't find any.

Also guys, can I apply for Tier 2 General by withdrawing my appeal that I made for tier 1 dependent ? Stupid doubts I know but I am just getting them at the moment. Pls advise !

[KickAss]

Irrespective of what ever your situation is... your immigration status is still PSW.

If this is right, I would be sponsored immediately. I have to prove my employer by stating some evidence on UKBA guidance documents but couldn't find any.

Also guys, can I apply for Tier 2 General by withdrawing my appeal that I made for tier 1 dependent ? Stupid doubts I know but I am just getting them at the moment. Pls advise !

Take the print out from ukba website to your employer and tem then about your exact situation.

A big NO to withdraw appeal coz you will lose your psw status if your withdraw and have to have this country in few days. I read this on this forum posted by some one.

Best approach, convince your employer get all document work sorted and in the end when every thing is ready you can think of withdrawing your application.

Wait! All i am saying might be crap... Your passport is still with UKBA right? Only possible way to get it is to withdraw it wait till next year....
Now how can you apply without your passport?
Please provide your passport status first....

[Avinine86]

Irrespective of what ever your situation is... your immigration status is still PSW.

If this is right, I would be sponsored immediately. I have to prove my employer by stating some evidence on UKBA guidance documents but couldn't find any.

Also guys, can I apply for Tier 2 General by withdrawing my appeal that I made for tier 1 dependent ? Stupid doubts I know but I am just getting them at the moment. Pls advise !

Take the print out from ukba website to your employer and tem then about your exact situation.

A big NO to withdraw appeal coz you will lose your psw status if your withdraw and have to have this country in few days. I read this on this forum posted by some one.

Best approach, convince your employer get all document work sorted and in the end when every thing is ready you can think of withdrawing your application.

Wait! All i am saying might be crap... Your passport is still with UKBA right? Only possible way to get it is to withdraw it wait till next year....
Now how can you apply without your passport?
Please provide your passport status first....

Thats the problem right.
My passport and visa are with UKBA itself. When they rejected my visa, they haven't sent my documents back. They mentioned that I can either apply for another visa route or appeal or leave the country.

I can't apply for a new visa route with out withdrawing my appeal. If my employer gives me a Certificate of sponsorship, I will simply send the C.O.S along with my bank statements stating that all of my visa documents are with UKBA. Is it even possible ?

[rahulsingh1]

As others have said- your status is still PSW till your visa application is in appeal. So dont worry about that. UKBA took 10 months or 1 year- that is their problem. But till the amount of time your visa is in process/appeal. you are considered to be in underyour previous visa and valid, even if the printed validitiy on the visa sticker has expired. So dont worry about that.

But this getting passport and visa back for new application is tricky. But I am sure there is a way to do it.

Best to get a solicitor to do it for you.

Does your company not employ any solicitor firm ?

Irrespective of what ever your situation is... your immigration status is still PSW.

If this is right, I would be sponsored immediately. I have to prove my employer by stating some evidence on UKBA guidance documents but couldn't find any.

Also guys, can I apply for Tier 2 General by withdrawing my appeal that I made for tier 1 dependent ? Stupid doubts I know but I am just getting them at the moment. Pls advise !

Take the print out from ukba website to your employer and tem then about your exact situation.

A big NO to withdraw appeal coz you will lose your psw status if your withdraw and have to have this country in few days. I read this on this forum posted by some one.

Best approach, convince your employer get all document work sorted and in the end when every thing is ready you can think of withdrawing your application.

Wait! All i am saying might be crap... Your passport is still with UKBA right? Only possible way to get it is to withdraw it wait till next year....
Now how can you apply without your passport?
Please provide your passport status first....

Thats the problem right.
My passport and visa are with UKBA itself. When they rejected my visa, they haven't sent my documents back. They mentioned that I can either apply for another visa route or appeal or leave the country.

I can't apply for a new visa route with out withdrawing my appeal. If my employer gives me a Certificate of sponsorship, I will simply send the C.O.S along with my bank statements stating that all of my visa documents are with UKBA. Is it even possible ?

[Avinine86]

I am sure they do. But if they understand that my case is complicated and not straight forward, they might refuse to sponsor the visa.

As others have said- your status is still PSW till your visa application is in appeal. So dont worry about that. UKBA took 10 months or 1 year- that is their problem. But till the amount of time your visa is in process/appeal. you are considered to be in underyour previous visa and valid, even if the printed validitiy on the visa sticker has expired. So dont worry about that.

But this getting passport and visa back for new application is tricky. But I am sure there is a way to do it.

Best to get a solicitor to do it for you.

Does your company not employ any solicitor firm ?

If this is right, I would be sponsored immediately. I have to prove my employer by stating some evidence on UKBA guidance documents but couldn't find any.

Also guys, can I apply for Tier 2 General by withdrawing my appeal that I made for tier 1 dependent ? Stupid doubts I know but I am just getting them at the moment. Pls advise !

Take the print out from ukba website to your employer and tem then about your exact situation.

A big NO to withdraw appeal coz you will lose your psw status if your withdraw and have to have this country in few days. I read this on this forum posted by some one.

Best approach, convince your employer get all document work sorted and in the end when every thing is ready you can think of withdrawing your application.

Wait! All i am saying might be crap... Your passport is still with UKBA right? Only possible way to get it is to withdraw it wait till next year....
Now how can you apply without your passport?
Please provide your passport status first....

Thats the problem right.
My passport and visa are with UKBA itself. When they rejected my visa, they haven't sent my documents back. They mentioned that I can either apply for another visa route or appeal or leave the country.

I can't apply for a new visa route with out withdrawing my appeal. If my employer gives me a Certificate of sponsorship, I will simply send the C.O.S along with my bank statements stating that all of my visa documents are with UKBA. Is it even possible ?

[rehan01]

http://www.ukba.homeoffice.gov.uk/busin ... pport/ecs/ ..... READ THIS


as mention by other user till you get decision on your appeal you immigration status remain same (which is PSW) and you can carry on working if your last leave to remain allow you to do so.

Provide your employer with a HO reference number and your employer can check with HO by using ECO service about your immigration status and that you are legally allowed to work or not.

hope this help


regards

[Avinine86]

http://www.ukba.homeoffice.gov.uk/busin ... pport/ecs/ ..... READ THIS


as mention by other user till you get decision on your appeal you immigration status remain same (which is PSW) and you can carry on working if your last leave to remain allow you to do so.

Provide your employer with a HO reference number and your employer can check with HO by using ECO service about your immigration status and that you are legally allowed to work or not.

hope this help


regards

My doubt now is, whether these PSW conditions will prevail when I withdraw my appeal and apply for Tier 2 Visa ?

[KickAss]

My doubt now is, whether these PSW conditions will prevail when I withdraw my appeal and apply for Tier 2 Visa ?

Yeah ! this is a tricky one !
Its like a deadlock, as soon as you ask for your visa back , you are not on PSW.
Is it a must to be on a PSW for a Tier 2 visa ?

Thr must be a way to way to do this. Sorry my knowledge is limited on this.

[rsrameshsunil]

My doubt now is, whether these PSW conditions will prevail when I withdraw my appeal and apply for Tier 2 Visa ?

Yeah ! this is a tricky one !
Its like a deadlock, as soon as you ask for your visa back , you are not on PSW.
Is it a must to be on a PSW for a Tier 2 visa ?

Thr must be a way to way to do this. Sorry my knowledge is limited on this.

The rule says the applicant has leave or last granted PSW category visa to claim points for Tier 2 General (PSW). Which means according to me, even if you are an overstayer by 1 or 2 days, you can apply for the visa.

Therefore the moment you withdraw your appeal, you will become an overstayer. You will then have to apply straight way for Tier 2 within 28 days after withdrawing.

Please NOTE: Rules relating to overstayer applications may appear clear but there is no gaurantee that HO will not refuse for overstaying. Also you will not have right of appeal if an overstayers application is refused for whatever reasons. You may first try PEO application by obtaining an appointment date and then schedule your appeal withdrawl date accordingly. However since your passport is with HO, you may not be served same day but may take few more days if they are happy with everything else. Please consult solicitors and have their opinion considered as well.

[Olasunkanmi]

Hello People,

My Post Study Work visa has expired on 9th February 2013. By Jan30th, I have applied for a dependent visa to my wife's tier 1 entrepreneur visa. Her visa got refused and we have appealed the decision to the court hearing is due on 20th Feb next year. My dependent application got rejected as well and I have appealed along with my wife's application.

Now, My employer is ready to sponsor my visa provided my last granted PSW visa still applies to my current stay. As PSW candidates are exempt from Resident Labour Market Test, my employer says I should provide a valid PSW visa.

Is there any person here who knows whether I would still be considered as PSW ?

Regards

Avinash

@ Avinine86, you are better off as dependant of Tier 1 entrepreneur if your wife appeal has a good chance of success in Feb 2014. My reason is simply that with Tier 1 entrepreneur, you are rest assure of your ILR after 5years unlike Tier 2 work permit where u will have to take a year cool-off period outside UK, which will automatically break your chance of ILR.

As long as your employer are ready to keep you at your work with ur last visa PSW, why cant you just wait for your appeal in feb 2014 before deciding on the next step of action.

[rehan01]

As per my ne'er standing he minute u withdraw ur appeal it will prevail so seek professional advice on this ......


Or submit 2nd application and wait for acknowledgement letter and than withdraw appeal as doing this u r over lapping ur application so at no time there will be break btw ur applications.

Above is just my thought so seek professional advice on this.

http://www.ukba.homeoffice.gov.uk/busin ... pport/ecs/ ..... READ THIS


as mention by other user till you get decision on your appeal you immigration status remain same (which is PSW) and you can carry on working if your last leave to remain allow you to do so.

Provide your employer with a HO reference number and your employer can check with HO by using ECO service about your immigration status and that you are legally allowed to work or not.

hope this help


regards

My doubt now is, whether these PSW conditions will prevail when I withdraw my appeal and apply for Tier 2 Visa ?

[Avinine86]

Much appreciate your responses fellow immi boarders.

I have already approached two to three solicitors and none of them know what to do.

They say that this is a very complex scenario.

This is going to be very tough it seems.

When we got a Tier 1 entrepreneur rejection, we were given 28 days to apply for new visa but that we will not be given an opportunity to appeal if the visa got rejected this time.

But I am not sure if they would give me the same option if I withdrew the current appeal.