ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Switch from Student to PSW

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
Student to PSW switch
Newly Registered
Posts: 5
Joined: Mon Jul 27, 2009 1:01 pm

Switch from Student to PSW

Post by Student to PSW switch » Mon Jul 27, 2009 1:14 pm

Hi there,

I have applied for student extension 4 mths ago and still waiting for the respond. While waiting i have finished my masters and now want to switch the type of my application to PSW.

According to my readings, i can not make a fresh application because my visa has already expired. But, I can make a kind of complementary application to vary the ground. Only difference is that the application would be handled by considering previous and current application together, and any possible refusal or potential appeal would direct to these two applications together, as if they are one application.

The problem is that i phoned HO today to ask what they think. One of the officers said it is impossible to send a new application as my leave to remain has expired.

My questions:
1- Can i send this second application as an application to vary the ground of the existent application although my leave to remain has expired?
2- If I dont do this application, is there any possibility that HO would refuse my student extension request saying that I finished my studies already?
3- I had circled the option saying that I will not continue to stay in the UK and will leave the country at the end of my studies in my student extension application form. Do you guys think that would be a reason for refusal?

PLease advice on the issue.

Thanks,

vinata
Member
Posts: 193
Joined: Wed May 20, 2009 1:27 pm

Post by vinata » Mon Jul 27, 2009 2:16 pm

I believe you should wait for the decision on your student application first. When you receive your student visa extension, you can apply for PSW straight away. The HO should not penalise you for reapplying when you stated in your student application you wanted to go back home. Everyone is entitled to change their mind, so don't worry about it.

Vary of circumstances form only applies if anything in relation to your current application has changed. For example, you changed your address or got married, or even would like to change a place of study etc. But you cannot send a new application form for a totally different visa thinking you submitted a 'vary of circumstances form'. The HO will consider it as a new application and charge a separate fee, but still refuse it as your current student leave expired.

I wouldn't recomend you to take any chances. But speak to a good solicitor and follow his advice.

Student to PSW switch
Newly Registered
Posts: 5
Joined: Mon Jul 27, 2009 1:01 pm

Post by Student to PSW switch » Mon Jul 27, 2009 3:25 pm

Hi,

Thanks for the quick answer. I read the PSW application form and it said exactly this:

"Where the applicant is not permitted
to submit a further fresh application, he/
she should not proceed in completing this
application form. If an applicant in this position
does complete this application form, it will
be returned to him/her without having been
considered."
"If the applicant wishes to vary the grounds
of the existing application he/she must refer
to Chapter 1, section 5 of the Immigration
directorate instructions on our website http://
www.ukba.homeoffice.gov.uk/sitecontent/
documents/policyandlaw/IDIs/idischapter1/
section5/section5.pdf?view=Binary
and contact
the UK Border Agency team processing the
existing application."

When I checked the above link, the following info is found (on pg 3, prg 3.2)

IMMIGRATION DIRECTORATES' INSTRUCTIONS / CHAPTER 1 SECTION 5
SECTIONS 3C AND 3D OF THE IMMIGRATION ACT 1971 (AS AMENDED)

"While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain. So even someone who marries after making an application to remain as a student cannot, while they have leave under section 3C, make a fresh application on the basis of the marriage."

"On the other hand, it is possible to vary the grounds of an application already made,even by introducing something completely new. A student application can be varied so as to include marriage grounds. If an application is varied before a decision is made, the applicant will be required to complete the necessary prescribed form to vary his application. If an application is varied post decision, it would be open to the applicant to submit further grounds to be considered at appeal. As a result, there may be little difference in practice between a fresh application and a request to vary an existing application. The distinction is made to ensure that all a person's grounds for wishing to remain in the UK result in one decision and thus one appeal. This 'one-stop ' principle - one application, one decision, one appeal - is essential to the operation of the appeal process that was introduced in the1999 Act and has been extended by subsequent Acts."

I cant make a fresh application but I can vary the grounds of the existent one. Who can tell me what it means. What is the prescribed form. Is it PSW? Do I need to write a cover letter explaining my situation to Student Case worker team and PSW Case worker team only?

I want to play safe but want to solve this riddle ASAP. I will be happy if anyone can advice on the above paragraphs.

monday
Junior Member
Posts: 60
Joined: Wed Jul 22, 2009 1:13 pm

Post by monday » Mon Jul 27, 2009 5:37 pm

If you have applied for the student extension before your visa expired, then sec 3C will be trigered and it is assumed that you remain in UK legally until your case is decided. However since you have a student extension pending you can not applied for a fresh student visa but you can vary the existing student extension by applying for any other categories which you qualify for inclusive of PSW.
I think if you have complited your Masters degree you can go ahead and apply for the PSW especially if you are doubting the positive outcome of the student extension. but my question is " Was your visa valid when you apply for the student extension?" If it was valid you can always vary your ground.

Student to PSW switch
Newly Registered
Posts: 5
Joined: Mon Jul 27, 2009 1:01 pm

Post by Student to PSW switch » Tue Jul 28, 2009 12:19 am

Hi,

I think I understand you.

According to the Helptext of the Application form (on pg 48 prg D16) my leave to remain is extended by Section 3C f the 71 Immigration Act.

However, because the date on my Visa has already expired I can not submit a fresh application (on pg 48 prg D29) but i can very the ground referring to the Chapter 1, Section 5 and vary the ground.

I had valid Visa before i applied for an extension.

My question is how will I vary the ground? What is the difference between filling the PSW form as a fresh application or to vary the ground of the initial application.

Is it the cover letter that makes the difference? Or is there any other form that i can use to vary the ground.

monday
Junior Member
Posts: 60
Joined: Wed Jul 22, 2009 1:13 pm

Post by monday » Tue Jul 28, 2009 12:52 pm

HI
You have to fill a new application form for PSW for you to vary and adding a covering letter to explain issues to them is also not a bad idea, especially since your passport is still with them. Please make sure provide adequate documentary evidence i.e bank statement, certificate etc so that they will not have any excuses

mutantbhai
Newly Registered
Posts: 8
Joined: Wed Aug 19, 2009 5:09 pm

Post by mutantbhai » Wed Aug 19, 2009 5:17 pm

Hi there,

I am in exactly the same situation as yours. My Visa extension application was made end of Januaray and I had my biometrics in March but am still waiting for an answer. The sad bit is that I applied for some graduate jobs in the meantime after the completion of my Masters and have a very decent job offer.

I wrote a formal letter and also sent a fax to the Home Office requesting them to expedite my application or advise me what to do. I have not heard anything form them and it has been a month.

In total I have been waiting for 6.5 months now and do not know how long the company who have offered me the job will wait till my Visa comes back.

When I called the Home Office (Just one call of the numerous i've made), i was advised to apply for a PSW and fill in the sections informing them of my previous application (Similar to what you are planning to do).

When I called today the advisor says that I cannot have two applications with the Home Office at the same time. Confused.

I have got my degree and am waiting for my last bank statement to apply for the PSW.

Can someone please advise as to what I need to do either to expedite the visa process or if it is a good idea to send a PSW application with a cover letter as suggested?

Also have you applied for a PSW or what the progress on your front?

Regards

Student to PSW switch
Newly Registered
Posts: 5
Joined: Mon Jul 27, 2009 1:01 pm

Varying the ground of the existent application

Post by Student to PSW switch » Wed Aug 19, 2009 11:11 pm

Hi,

Luckily, I have received my Student Visa extension just before i apply. So i didnt have to process an application in that way.

However, i was convinced that it is possible to apply second time BUT never mention -withdrawing the previous application OR -dont name your application as a fresh application. They call it as "Varying the ground of the existent application."

Dont be worried, because as far as i understand only risk you are taking is whether the application will be valid or not. Submitting this application does not mean you will be refused or have to pay twice. Only thing could happen is that they can say, "We will not consider this application and we are not withdrawing money as it is not a valid application."

Explain clearly in your Cover Letter what you are doing: Varying the Ground as advised on the pg 21 and section D29 of application form.

My research took a lot of my time, and i was given contradictory comments by HO as well. But i am positive.

Also, my cousin used this method 2 years ago to switch from a type of Business person visa to Student and it worked.

I recommend you to read and research a lot and come to your own conclusion, so you could back up if any objection takes place. It is all written and explained well in the links i shared on this page.

Good luck,

Keep us updated,

mutantbhai
Newly Registered
Posts: 8
Joined: Wed Aug 19, 2009 5:09 pm

Post by mutantbhai » Thu Aug 20, 2009 1:16 am

Thanks for the prompt reply and great to hear you got your extension. I hope I get mine soon too :( Anyway will wait a bit and research some more as advised.

Cheers

Locked