PSW Rejection - Postgrad Dip level 7 proof

[A]

Hello.

I applied for a PSW visa 3 months ago and received a rejection letter last week on the basis that I supposedly did not include evidence that my postgrad dip was level 7. I have read on these forums of other such cases but apart from one case, I do not know what the outcome of the other cases have been.

I am currently going through an appeal process and now have new evidence from my academic institution and from its validating university that my course is indeed a level 7.

I am interested in knowing how other people's appeal processes have gone (in relation to this issue) and whether or not it has gone to an oral hearing or whether the HO re-considered their decision based merely on the handing in of this new evidence with their AIT-1 Appeal Form? I am also interested in finding out on what grounds people have appealed?

Has anyone else noticed too that in fact there is NO mention of the term "level 7" ANYWHERE in the Immigration Rules, nor in the Policy Guidance notes? It just says equivalent to or above bachelor degree, however my rejection letter says I didn't provide evidence that it was level 7 but since there has been no mention of level 7 previously, I feel I can now pull them up on a technicality!

Obviously this is very urgent as I have only a matter of days left so pls anyone with any stories to share pls share!

Thanks and good luck!

A.

[PaperPusher]

Have you got any evidence that is at or above degree level (level 7), or is it an internally awarded qualification from a private college with little or no academic worth. If so you will have to get a letter from the college saying what level it is, which they can then make up of course! There is no regulation surrounding the use of the word "diploma". I could give you a "PG diploma" onthe back of an envelope and it would have the same recognition as some of the PG diplomas that are being offered by some of the colleges.

Your course could also be on the national database of accredited qualifications.

http://www.accreditedqualifications.org.uk/index.aspx

If it is from a uni, a real UK based uni then do not worry too much in my opinion, they have made a mistake.

[A]

Thanks for your response, however I believe most of what you're asking me I answered in my original post!! Yes, my course is a level 7 and I do have proof of this and yes the institution is recognised and is in the UK. I just wanted to know of other people's cases and whether or not they went to hearing and on what grounds exactly (in law) they claimed their appeal on. That's all I'm interested in at this stage as I have the rest sorted.

thx nonetheless,
A.

[PaperPusher]

The institution and the awarding body are two separate issues. As I am sure that you are aware, not all recognised institutions are recognised awarding bodies.

Who awarded the qualification? What is your evidence that it is level 7/at or above degree level?

[A]

Yes. The awarding body is a listed institution. This listed insitution is validated by a recognised body. My proof that the course is level 7 is
- 1 x letter from awarding body
- 1 x letter from recognised body

In both these letters it clearly states the name of my course and the fact that it is level 7. It also mentions the credit points.

I do not know where else I can get the proof from. The Quality Assurance Agency told me only the institution itself can me proof, and not them so I don't feel there is anywhere else I can go to prove this.

Does that answer your question?

Thx,
A.

[PaperPusher]

Then the qualification is the equivalent to PGDiploma written on the back of the envelope. As far as I am aware none of the listed institutions are recognised awarding bodies. The recognised awards will be from the courses awarded by the university that their institution has an agreement with, the university has not validated all of the courses offered at the listed bodies, just that the college is suitable to award and administer the courses awarded by the recognised degree awarding body.

I am curious, does the letter from the letter from recognised body say that the PGDip is level 7? I am surprised that a university would do this for a course that they have not awarded.

[A]

Hi,

I am slightly confused by what you're saying.
I studied a Postgraduate Diploma in Performance (Acting) at Mountview Academy of Theatre Arts which is a listed body. The University of East Anglia is the recognising body which validates all of Mountview's courses. Mountview has awarding powers. So Mountview gave me the PGD and BOTH Mountview AND UEA have both written in their letters that the course is at level 7.

I do not understand what you mean by: "The course is equivalent to PGDiploma written on the back of the envelope."

Either way, I am in the right as my course is a postgrad dip which is at level 7 and I have proof of that.

Furthermore, as I stated in my first post, the HO have written in my rejection letter that "evidence that the course is a level 7 course is required." However, they are wrong because nowhere does it state that you have to give evidence that a course is "level 7". It just states you have to give evidence that it's "equivalent to or above a bachelor degree."

[PaperPusher]

That is good, you have no need to worry because the Home Office has got it wrong. Listed bodies are mentioned as suitable in the PBS calculator anyway even though their qualifications are often not recognised in the National Qualifications Framework (NQF). You said that the awarding body is the college but it isn't on the list.

accredited qualifications

Listed body means "All those institutions or bodies, which for the time being, deliver courses that lead to degrees awarded by Recognised Bodies" and I have not read anything that convinces that your PGDiploma is recognised. Your own college only mentions that an MA and BA are validated by UEA, and one course by Middlesex. it does not state that the college validates all the courses as you claim the university does. The prospectus states that all courses are accredited by the National Council for Drama Training which is also not a recognised awarding body.

listed bodies
It does not need to be recognised for PSW, but you will not get any points for it for Tier 1 highly skilled route.

There are Immigration Rules which is the law, and the Immigration Directorate Instructions that caseworkers use to help them make decisions. Level 7 has been mentioned because that is the level of a (recognised) PGDip in the NQF. If it is not equivalent to a bachelors, or above, then it will not be level 7 either.

I am sure that this loophole will be closed at some point, and I am sure you found the course valuable and if it is a reputable college it will be of use in your future career.

I have seen cases on the AIT website that people have won with the sort of evidence you are going to provide.

It is still as recognised as me writing "PGDip" on the back of an encelope as far as I am concerned.

Regards

[A]

If it helps at all, the course I did was also an MA course which I have achieved. However, I have been told my MA will not be validated the UEA until next Feb which is why I applied for the PGD instead, because I also qualified for that.

I find it a little offensive that you're claiming that my PGD is the equivalent of you writing it on the back on an envelope!! The course was the same as the MA minues one module (which I did but for reasons stated above I could not apply on the MA as I couldn't even get the letter that I had this until next yr!) Furthermore, as I said, the UEA have written a letter in which they list all the courses which they validate at Mountview and the PGD (Acting) is one of the many which they validate.

Anyway, the issue here with regards to my rejection is merely that the HO is claiming I didn't provide evidence that is a level 7 course but now that I am providing that evidence in my appeal I am hoping all will be sorted.

What I was hoping to gain from my original post was to learn on WHAT GROUNDS people have appeal because I am not entirely sure which grounds I should be arguing on....

Anyway, I'm working hard at the appeal form now so hopefully will have it finished soon enough.

A.

[PaperPusher]

Hello

You should appeal because the HO is wrong, your course is above degree level, and your application meets the immigration rules:

The applicant has been awarded:

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

(b) a UK postgraduate certificate or diploma, or

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

you will note the absence of the word "recognised" in the immigration rules at (b), this is where your qualification comes in. Nevertheless, because it is not recognised it is hard to argue that it is a postgraduate level qualification. The 1988 Education Act limited who could award things called degrees. There are no restrictions on the word diploma or postgraduate diploma.

I must say that it is odd to award 2 qualifications at the same level for the same course, I have never heard of it before. Who will be on your MA certificate as the awarding body, UEA or the college? Who will be on the PGDip certificate, UEA or the college?

Your PG course is not recognised according to information I have at the moment.

I do not mean to offend you, but to point out that if the qualification is not from a recognised awarding body, then it has limited utility. You will be fine with an MA in any case.

[A]

Right. I feel somewhat more confused now than I did earlier but anyway, I have a lawyer working on the case.

The MA is irrelevant in this case because I have not mentioned it before and I have no proof that I have it until next year so there is no point clouding the issue and mentioning this, I feel.

When I say I don't know on which grounds exactly to appeal I am refering to the rejection letter I received which claims I have to appeal on one or more of a list of grounds which they give in the letter.

The 2 qualifications thing is not odd I don't think. My chats with OFQUAL and the QAA and also my research into the Framework for Higher Education Qualifications shows that postgraduate diplomas and Masters are both at the same level. Everyone on my course did the same thing, except for those of us who did one extra module which was what qualified us for the MA. This is why I have both. Although, like I said, technically, at the moment I only have the PGDip, but next year I will have the MA too.

My PGD certificate has Mountview's name on it. The MA will have UEA's name on it, as far as I know.

I still don't see what this 'recognised' PGD has to do with anything because I don't see it written anywhere??? All I see is point 75 (of version 06/08 of Policy Guidance) which says it needs to be "equivalent to or above a United Kingdom bachelors degree."

Thanks for all your time and advice though!

[PaperPusher]

It is hard to argue that it is a PGDiploma if it is an unrecognised awarding body - like Mountview. Is it as much a diploma as my writing on the back of an envelope, is it a qualification at level 7 in the NQF? Who knows because it is unrecognised. Is it equivalent to or above a United Kingdom bachelors degree? Who knows, because it is awarded by an unrecognised awarding body.

The rules are what you have to go back as well as policy guidance, your lawyer can help you, it is what you are paying for! There have been discrepancies between the guidance caseworkers use and the rules.

Your college's prosepectus is much, much better quality than most I have seen.

That is my point, your college I have no doubt is very reputable. Not everyone's will be, so the caseworker has to have some way of assessing if you actually have "a UK postgraduate certificate or diploma" rather than an envelope with some writing on.

Good luck with the MA & the appeal.

[A]

Just to update anyone interested or in a similar situation to me, I posted off my appeal to the HO last week and heard back from them virtually straight away with a hearing date which will be early next year.

I'll let you know what the outcome is.

A.

[rahilnaz]

Just to update anyone interested or in a similar situation to me, I posted off my appeal to the HO last week and heard back from them virtually straight away with a hearing date which will be early next year.

I'll let you know what the outcome is.

A.

Where is ur hearng taking place? Mine one is in Glasgow on 8th of Jan
ARe u representing ureself?

[A]

My hearing will be in London in second week Jan. And no, I'm not representing myself. I have a lawyer.
Good luck!

[rahilnaz]

My hearing will be in London in second week Jan. And no, I'm not representing myself. I have a lawyer.
Good luck!

Best of Luck for ur Appeal. Can I ask How much lawyer Charged u?

[Kev-in]

Dear A,

Me and my wife are in a similar situation and we have 10 days to appeal, i would greatly appreciate if you could please reply to me or any knowledge on this situation would be really helpful to me.

We have had our applications refused after a wait of 3 months, as my wife didnt have her diploma cert in hand so we used the letter sent from the Uni as evidence which was refused as evidence by the HO.

Now what i need to know is when you appeal what are the documents we need to send to the HO. Do we need to send it to the AIT office or can we send it to the same address as we had send it earlier to the Durham address. Cuz on the appeal form it says send it to the AIT in Birmingham, which address did you send it to and what needs to be sent?

They have sent us 2 appeal forms for myseld and my wife. Do we just need to send the completed appeal forms or along with new evidence.

Also how much is your solicitor charging you? i cannot afford one right now due to limited funds, but any advice from you with regards to this would be heplful to us as we are in a similar situation like yours.

Also is it better to go for an oral hearing or to do it by post again.

Thanks

[A]

To anyone who has been following my case or in a similar situation, I'd just like to share with you that my court hearing was 2 weeks ago and I was successful in my appeal. I had to wait just over a week to receive the determination from the AIT judge by mail. This is my official proof that my appeal was allowed.

I am now entitled to the PSW visa which is great, but I still do not have the actual visa yet and I do not know how long it will be before I receive it either. I am awaiting instruction from the Home Office as to what to do next in order to get the visa put in my passport.

Does anyone know what the usual procedure is for this following a successful appeal?

Thanks,
A.

[Diokpa]

To anyone who has been following my case or in a similar situation, I'd just like to share with you that my court hearing was 2 weeks ago and I was successful in my appeal. I had to wait just over a week to receive the determination from the AIT judge by mail. This is my official proof that my appeal was allowed.

I am now entitled to the PSW visa which is great, but I still do not have the actual visa yet and I do not know how long it will be before I receive it either. I am awaiting instruction from the Home Office as to what to do next in order to get the visa put in my passport.

Does anyone know what the usual procedure is for this following a successful appeal?

Thanks,
A.

I think they would normally write you a letter and give you instructions on where to send the passport. I wonder if anyone who has had their visa endorsed after an appeal is on here to shed more light. Congrats on getting the decision overturned.

[EliteDuck]

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[pakstar]

Dear fellows,

I had same objection from HO back in Sep 2008,my hearing date was in Oct 2008, I took letter from my college stating that it is level 7 and my college is UK listed body. My appeal was successful in first hearing. It was in last week of October. I sent the decision copy to HO for visa processing but now its over two and half months I am still waiting from homeoffice to contact me.

Anyway good luck to you guys, Actually It is in guidance notes of PSW that you must provide evidance that it is level 7, as it was not provided so psw was refused. Once you take letter from college stating that it is level-7 , everything gona be fine but time taking.

good luck