PSW on ACCA Fundamental Papers

[PaperPusher]

The appeal has to be based on an error of law, and I don't think "it is not fair" will work. Some people won their cases, and the UKBA didn't appeal that decision. This does not mean you are entitled to PSW.

On a serious note, big rule changes often happen in April. If there is any other route you qualify for now you may want to consider using it before it is changed. UKBA have already said they think there is abuse of Tier 1 Entrepreneur. Routes won't stick around forever with a government who want to cut net migration.

[ssunny1985]

I agree with you hassan. I got similar points in my head.

1st is we all know that people have been granted visa on the basis on acca qualification
After apeal at ftt.And HO did not persue their cases any further but granted them visas rightly or wrongly that is another debate. Now my objection is you can't hang one person for murder and leave another person who has comitted murder in exactly the same kind ofcircumstances. It just NOT FAIR.

2nd is because the HO granted visas to some people with acca qualification this gave an impression to rest of us who applied later that if HO accepted one persons acca then it should accept everybody's acca qualification. I think if it was not an acceptable qualification then the HO should have denied giving decision. They gave us the impression that it is possible then started denying everything.

Guys who ever is afected with the same circumstances plz pm me if all go together to high court as one unit it will cost effective.

Guys we should go to supreme court if supreme court will not give us visa we will go in european court of human rights. We got the equal qualification. Why are they not treating us like other graduate students.

[hassan5805]

The appeal has to be based on an error of law, and I don't think "it is not fair" will work. Some people won their cases, and the UKBA didn't appeal that decision. This does not mean you are entitled to PSW.

On a serious note, big rule changes often happen in April. If there is any other route you qualify for now you may want to consider using it before it is changed. UKBA have already said they think there is abuse of Tier 1 Entrepreneur. Routes won't stick around forever with a government who want to cut net migration.

can we go for student visa now do u knw and wat will b the requirment??

[hassan5805]

I agree with you hassan. I got similar points in my head.

1st is we all know that people have been granted visa on the basis on acca qualification
After apeal at ftt.And HO did not persue their cases any further but granted them visas rightly or wrongly that is another debate. Now my objection is you can't hang one person for murder and leave another person who has comitted murder in exactly the same kind ofcircumstances. It just NOT FAIR.

2nd is because the HO granted visas to some people with acca qualification this gave an impression to rest of us who applied later that if HO accepted one persons acca then it should accept everybody's acca qualification. I think if it was not an acceptable qualification then the HO should have denied giving decision. They gave us the impression that it is possible then started denying everything.

Guys who ever is afected with the same circumstances plz pm me if all go together to high court as one unit it will cost effective.

plz check yr PM .. i m with you guys and one thing my lawyer is very good and i knw he can help us a lot but he cant go to COA coz hes nt barriester.. but this is really good point we all should go togther and it will help a lot

[sfkakbar]

I admit rule may have changed. But the from home office they were not available on website. Still if u visit website there is nothing mentioned of eqvaliency in paragraph 59..further I will debate with all of you when i recieve my judgment in written. But at least he should have hear us. But judge tried to enforce us towards mirza case. What dies it means when my hearing was nit started and he handed me with mirza case? Was that a precedent? And HO is cherry picking by giving psw visa to some students on acca n not yo someothers.. If ACCA didn't qualified for PSW then no one should hv been blessed with psw visa. Isn't it discrimination? Ofcourse it is.. And its a valid ground..UKBA must stop this cherry picking n discrimination. Whatever gonna happen in future I don't know. But I will fight my fight becoz my whole career depend on it. I spend alot of money. I contribute towards UK economy even i was in pakistan by giving fees in £s to ACCA body. As an ACCA I will need to fulfil my practical experience. My ACCA IS ALMOST OVER NOW. All i need is Practical experience now as I am in UK i have right to gain experience here as I am studying towards their qualification, and per is ACCA requirements. So I will fight this fight till end. And to all of you who are at same level as myslef. Don't lose hope. We are at the edge of career. We all have to fight for our right. We togather should do our best. Thats all.

[Greenie]

Duplicate post.

[Greenie]

The immigration rules are always available on the ukba website. In February 2012 the qualifications which scored the necessary points for psw were set out in appendix A. There was no scope for equivalent qualifications as there is for example for tier 1 general. The rules were specifically drafted so that only these qualifications would suffice. It was never the intention that professionalvocational qualifications would score the necessary points as it was clearly the intentions to limit the numbers eligible to apply for an otherwise simple category.

The fact that some were lucky enough to be wrongly granted psw by a misguided caseworker or judge does not entitle you to psw. There was no legitimate expectation to psw for an ACCA student who did not pass the oxford Brookes degree- surely you all knew this hence why the affiliation existed. Paying money for a qualification which you chose to study in the UK does not give you the right to work here and you are wasting your time if you think you are going to convince the supreme court or the echr otherwise (or indeed that you will even get that far)

Mirza is a reported determination and therefore the tribunal would be expected to follow iti

[NAHID]

some people going over board..

as it stated earlier post that case worker or judges made mistake that means respectable Sir/madam's are thick headed and without using proper knowledge they allowed other's case. One Mirza came in lime light does not change the fact that other people who allowed cases either upper tribunal or Ftt did not considered their cases carefully.

I know even UKBA challenge decision to UP but UP allowed again on favor of Appellant. does it seems that honorable Judge were misguided by their lawyer.

it is SO funny... need to change our thought and should respect their action. Mirza was good enough to fight his case but due to lack of expertise he lost his case and how about the panel , they did not adhere the SSHD's instruction in light with Alvi guidance... do you thing it is reasonable decision when they minus a government's instructed policy.

we need to think carefully...before we say something

Guy's hire best barrister to get your remedy.... remember cheap product never give the test of expensive product. good lawyer will always charge high becasue of their expertise and hard work and it also give better remedy. join together and defend your case becasue its irrational in terms of law..... rationality will be one of the points you can try to bite on in HC

[PaperPusher]

some people going over board..

as it stated earlier post that case worker or judges made mistake that means respectable Sir/madam's are thick headed and without using proper knowledge they allowed other's case. One Mirza came in lime light does not change the fact that other people who allowed cases either upper tribunal or Ftt did not considered their cases carefully.

I know even UKBA challenge decision to UP but UP allowed again on favor of Appellant. does it seems that honorable Judge were misguided by their lawyer.

it is SO funny... need to change our thought and should respect their action. Mirza was good enough to fight his case but due to lack of expertise he lost his case and how about the panel , they did not adhere the SSHD's instruction in light with Alvi guidance... do you thing it is reasonable decision when they minus a government's instructed policy.

we need to think carefully...before we say something

Guy's hire best barrister to get your remedy.... remember cheap product never give the test of expensive product. good lawyer will always charge high becasue of their expertise and hard work and it also give better remedy. join together and defend your case becasue its irrational in terms of law..... rationality will be one of the points you can try to bite on in HC

Which bit of the Alvi case helps you, and how?

[Greenie]

The alvi guidance essentially reiterates the immigration rules, which is what the panel in mirza considered when finding that the appellant did not qualify for psw.

[hassan5805]

The alvi guidance essentially reiterates the immigration rules, which is what the panel in mirza considered when finding that the appellant did not qualify for psw.

But they should consider the first Alvi guidence which was published in september but they have changed again Alvi guidence in January 2013 which is not to take considered our cases because case worker did not consider which they should have....

[Greenie]

Can you explain what you mean exactly?

[sfkakbar]

Greene can you post link of the rules for psw on UKBA website? Show me rules on ukba website. Please don't show me what is there in paragraph 53 & 59. The only thing that was available on UKBA website was that thing. Where there was not mentioned that equivalent qualification don't qualify for psw. What he showed us in court room was clearly mentioned that equivalent do not qualify for psw. Now what I am saying this rule was not there on UKBA WEBSITE. At time of application to 31st Mar 2012 was UKBA policy Version 04/12 Page 1 to 27 and an Addendum which I followed according to which paragraph 59 professional qualification don't qualify for psw but ACCA is exempt from this becoz it is equivalent to bachelor degree. So i applied on that base.

I am repeating there os not mentioned any thing like this that equivalent qualification don't qualify. But in court he give us rules where it was clearly mentioned. So my point is that those rules don't apply on my application. Becoz at time i made my application it doesn't apply on my case. Thanks

[PaperPusher]

Greene can you post link of the rules for psw on UKBA website? Show me rules on ukba website. Please don't show me what is there in paragraph 53 & 59. The only thing that was available on UKBA website was that thing. Where there was not mentioned that equivalent qualification don't qualify for psw. What he showed us in court room was clearly mentioned that equivalent do not qualify for psw. Now what I am saying this rule was not there on UKBA WEBSITE. At time of application to 31st Mar 2012 was UKBA policy Version 04/12 Page 1 to 27 and an Addendum which I followed according to which paragraph 59 professional qualification don't qualify for psw but ACCA is exempt from this becoz it is equivalent to bachelor degree. So i applied on that base.

I am repeating there os not mentioned any thing like this that equivalent qualification don't qualify. But in court he give us rules where it was clearly mentioned. So my point is that those rules don't apply on my application. Becoz at time i made my application it doesn't apply on my case. Thanks

Greenie has already posted links to the immigration rules and appendix A in the rules. Plus I have posted a link to ACCA's royal charter, a link to Mirza, a link to guidance about reported cases. There are also links to information about what royal charters mean, the Alvi guidance and so on.

[sfkakbar]

But i couldn't find anything where it is mentioned that Equivalent qualification do not qualify for psw.

[PaperPusher]

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

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.

Where does it say equivalent qualifications are allowed?

[sfkakbar]

But it either d0esn't say that equivalent is not allowed.. I told you before pls dont refer paragraph 53 to me.. You didnt get my point I think.. The word "equivalent" is not mrntioned anywhere. Thats the point.

But in court room he presented rules which clearly mentioned that equivalent qualification is not allowed. And so what I argued that it doesnt apply on my case becoz at time Of my application there is no such thing of equivalent. Which in reality is not there on website even now.

So tell me why HO betrying innocents student like us?? M not gonna debate on this anymore. My point is clear. Don't put me in jargons. My concept is quite clear.

In last above all, forget the rules.. Why UKBA is cherry picking by giving PSW to some students and refusing others? Isn't it discrimination? Why only myself suffering when others enjoyed PSW on ACCA. I applied with in time frame before closing date. So its against law as well to discriminate in cases. All of those who applied on basis of ACCA should hv been treated the same. Thanks

[msk47]

Guys so far i have 5 people who are willing to go to high court with me. If there are any more people out there who are affected by these double standards of visa regime. Please pm me. The more we are the stronger we will be.

[Greenie]

Well that's exactly the point, there is no mention of the word 'equivalent' because only qualifications in the list will do, not qualifications that are equivalent. If you look at the table for tier 1 general for example you will see that equivalent qualifications are allowed.

To put it another way, if i gave you a list of things i wanted from the shop, such as, a 1 litre tub of walls vanilla cream, a 40g packet of walkers cheese and onion crisp and a 50g bag of salted peanuts, and you came back with a tub of frozen yogurt, a packet of own brand cheese and onion crisps and a packet of cashew nuts, then i would say that you didn't get me what i asked for. Now if i had said 'if my product is unavailable please provide me with a substitution of your choice' then you might expect me to be happy with what i have been provided, but i am very particular, and only the items on the list will do.

I would be interested in seeing what they presented you because the rules for psw were not changed to mention the word equivalent, however, as explained above i don't believe this helps you.

[kool99]

hi guys i do feel sorry for you lot. I been to FTT at the end of Nov 2012 and won the appeal. I hv nt heard anything from HO yet.

[muskan ali]

hi guys i do feel sorry for you lot. I been to FTT at the end of Nov 2012 and won the appeal. I hv nt heard anything from HO yet.

i think HO is going to take everyone to High court whether u have won appeal in FTT or no....last monday my decision dismissed in FTT and i know 2 of my friend whose decision has been dismissed

[kool99]

When did you attend your FTT. My solicitor informed me that HO has less than 15 days to appeal against FTT decision.

[PaperPusher]

But it either d0esn't say that equivalent is not allowed.. I told you before pls dont refer paragraph 53 to me.. You didnt get my point I think.. The word "equivalent" is not mrntioned anywhere. Thats the point.

But in court room he presented rules which clearly mentioned that equivalent qualification is not allowed. And so what I argued that it doesnt apply on my case becoz at time Of my application there is no such thing of equivalent. Which in reality is not there on website even now.

So tell me why HO betrying innocents student like us?? M not gonna debate on this anymore. My point is clear. Don't put me in jargons. My concept is quite clear.

In last above all, forget the rules.. Why UKBA is cherry picking by giving PSW to some students and refusing others? Isn't it discrimination? Why only myself suffering when others enjoyed PSW on ACCA. I applied with in time frame before closing date. So its against law as well to discriminate in cases. All of those who applied on basis of ACCA should hv been treated the same. Thanks

Bananas aren't part of the criteria in appendix A, that means if you don't have a degree but do have a bunch of bananas awarded by a suitable college you still don't get PSW.

[muskan ali]

When did you attend your FTT. My solicitor informed me that HO has less than 15 days to appeal against FTT decision.

i received my decision on 28th januaray and from FTT, decision has been dismissed....who is ur solicitor plz

[muskan ali]

But it either d0esn't say that equivalent is not allowed.. I told you before pls dont refer paragraph 53 to me.. You didnt get my point I think.. The word "equivalent" is not mrntioned anywhere. Thats the point.

But in court room he presented rules which clearly mentioned that equivalent qualification is not allowed. And so what I argued that it doesnt apply on my case becoz at time Of my application there is no such thing of equivalent. Which in reality is not there on website even now.

So tell me why HO betrying innocents student like us?? M not gonna debate on this anymore. My point is clear. Don't put me in jargons. My concept is quite clear.

In last above all, forget the rules.. Why UKBA is cherry picking by giving PSW to some students and refusing others? Isn't it discrimination? Why only myself suffering when others enjoyed PSW on ACCA. I applied with in time frame before closing date. So its against law as well to discriminate in cases. All of those who applied on basis of ACCA should hv been treated the same. Thanks

Bananas aren't part of the criteria in appendix A, that means if you don't have a degree but do have a bunch of bananas awarded by a suitable college you still don't get PSW.

if bananas r not part of appendix A criteria then why HO has distributed banans to some acca students????? and do not want to distribute to others