IGS to PSW - Appeal vs new application

[Reader2009]

I applied for PSW last year Dec from IGS and i was refused in Jan 2009 because of the £800 maintenance funds. I appealed and i was asked if i wanted an oral hearing which i accepted. I am yet to get a reply from the court for a date but 2solicitors have told me i might not win the case.

However i have kept another 3months £800 maint funds with no shortfall at all.

Is it possible to file in another application with the appeal still pending or to withdraw the case and file another application. One solicitor told me to withdraw the case and file another application immediately while the other said withdrawing the case means i would be illegal and the HO may dispute that and not grant me the visa on that grounds.

Please i need advice as i am out of job because my company said they can't risk keeping me at work. I need the visa to go back to work or get another job.

Regards
Reader2009

[ash786]

I applied for PSW last year Dec from IGS and i was refused in Jan 2009 because of the £800 maintenance funds. I appealed and i was asked if i wanted an oral hearing which i accepted. I am yet to get a reply from the court for a date but 2solicitors have told me i might not win the case.

However i have kept another 3months £800 maint funds with no shortfall at all.

Is it possible to file in another application with the appeal still pending or to withdraw the case and file another application. One solicitor told me to withdraw the case and file another application immediately while the other said withdrawing the case means i would be illegal and the HO may dispute that and not grant me the visa on that grounds.

Please i need advice as i am out of job because my company said they can't risk keeping me at work. I need the visa to go back to work or get another job.

Regards
Reader2009

1. U r not allowed to introduce any new evidence after the date of the application
2. U can only introduce new evidence which is related to that period wen u applied for the first time. For example, if u submitted bank statements (01 Apr 09 to 01 July 09) and just say in the month of july u had a shorfall then u can bring new evidence (another account with u name to cover the shortfall) but not outside that period.
3. Under IGS u must have a valid leave to apply and if u withdraw the appeal then u can not really apply again but its different for PSW initial application.
4. If u withdraw the appeal and re-apply then i do not see HO giving u visa
5. U only chance is to go with u appeal.

[Reader2009]

Thanks Ash786

Can i ask what happens if the case is lost like the two solicitors have said, what can one do next?

Regards
reader2009

[ash786]

Thanks Ash786

Can i ask what happens if the case is lost like the two solicitors have said, what can one do next?

Regards
reader2009

U said u were refused for the maintenance. I need to know the follwoing.

1. Wen did u apply
2. Which statements u supplied
3. If there was a shorfall tell me the dates
4. Hav u got another bank account with u name on it (Can be overseas)

[Reader2009]

Hi Ash786

I applied on the 12th of dec 2008
I supplied 3months bank statement and my masters degree certificate
Shortfalls on 27th Nov, 29th-30th Nov and 3rd of Nov to 6th Nov
I dont have another bank account covering this period

I hope this info helps

Regards
Reader2009

[vinata]

Sorry to say that, but your second solicitor was right. It is highly unlikely you could win the case without the evidence covering the periods of the shortfall. If you do the withdrawal of your case from the AIT and apply again, your application would be invalid, because your current student leave has already expired.

Since you already lost your job and have nothing else to loose, you can go back home and re-apply from there. But be aware, you have only 12 month to apply for psw after you graduated. So, it may be wise, to go back, save £2,800 for 3 month and apply again before those 12 month run out. If you stay in the UK and waste your valuable time, it may not do you any good.

Alternatively, you can put on your account £2,800 right now and go through appeal, get dismissed, and then go back home and use your UK bank statements to re-apply (in order not to loose any of your time).

Hope this helps. Good luck.

[promise44]

Just checked your first post. If you are an IGS holder you can't apply for a PSW extension from your home country.

As for options, you may want to think about other categories perhaps Tier 1 general, use the points based calculator to see if you get the, required points.

[ash786]

Sorry to say that, but your second solicitor was right. It is highly unlikely you could win the case without the evidence covering the periods of the shortfall. If you do the withdrawal of your case from the AIT and apply again, your application would be invalid, because your current student leave has already expired.

Since you already lost your job and have nothing else to loose, you can go back home and re-apply from there. But be aware, you have only 12 month to apply for psw after you graduated. So, it may be wise, to go back, save £2,800 for 3 month and apply again before those 12 month run out. If you stay in the UK and waste your valuable time, it may not do you any good.

Alternatively, you can put on your account £2,800 right now and go through appeal, get dismissed, and then go back home and use your UK bank statements to re-apply (in order not to loose any of your time).

Hope this helps. Good luck.

"Vinata" Can u please read the post in full details before giving advise as its an IGS to PSW and he can not apply from back home. Only PSW initial applicants can apply bak home within 12 months and not IGS.

[ash786]

Just checked your first post. If you are an IGS holder you can't apply for a PSW extension from your home country.

As for options, you may want to think about other categories perhaps Tier 1 general, use the points based calculator to see if you get the, required points.

Promise 44: u first reply was good that he can not apply from bak home but u second suggestion is wrong as his leave for IGS has expired and he can not apply for any visa anymore within the UK as he has no valid leave anymore.

[ash786]

Hi Ash786

I applied on the 12th of dec 2008
I supplied 3months bank statement and my masters degree certificate
Shortfalls on 27th Nov, 29th-30th Nov and 3rd of Nov to 6th Nov
I dont have another bank account covering this period

I hope this info helps

Regards
Reader2009

U visa is refused on very solid grounds and it wud be very hard to win u case. Even if u take it further (Appeal then reconsideration) i am sure that it will be refused. If u had another bank account to cover the shortfall then there was a chance but not where u had a shortfall for many days like yours.

[promise44]

When I mentioned your options, I should have clarified. You can only apply for tier 1 gen or any other options that you may qualify for, from your home country since I assume your currentl leave has expired- again ...providing your meet ukba's requirements.
Cheers

[urvee]

Hi,
You must not withdraw your appeal and reapply. if you want to reapply let the AIT refuse your appeal. After which you can take a chance of reapplying, however when you make a fresh application, although you may get 75 points, your application will be considered outside of the immigration rules and UKBA has a discretionary power to refuse this. if they refuse your application, you will have no choice but to go back. once you go back, you will be ban for re-entry for a period of 1 year in the UK as you would have overstayed in the UK for more then 28 days. However UKBA has in past granted visa on fresh applications in few of such cases. it is matter of your taking a chance

[ash786]

Hi,
You must not withdraw your appeal and reapply. if you want to reapply let the AIT refuse your appeal. After which you can take a chance of reapplying, however when you make a fresh application, although you may get 75 points, your application will be considered outside of the immigration rules and UKBA has a discretionary power to refuse this. if they refuse your application, you will have no choice but to go back. once you go back, you will be ban for re-entry for a period of 1 year in the UK as you would have overstayed in the UK for more then 28 days. However UKBA has in past granted visa on fresh applications in few of such cases. it is matter of your taking a chance

1. If u apply after the AIT u can not apply and if u do its a refusal without any doubts and u will be wasting u money.
2. If the applicant leave after the AIT refusal within 28 days then no ban as he left within 28 days.
3. If the applicant does not leave within 28 days then its a ban.

[jagdish_10]

I had a similar prob with my PSw visa and refused. i too appealed ,my hering was 21st of august 2009 and i am awaiting from the judge for the decition.
on friday after my hearing on friday i contacted the home office and explained my situation and asked was it possible and legal for me to apply for a students visa. i was told its possible and legal, thus i applied for a students visa, i already had a offer letter.But due to my outstanding appeal didint know what to do but thought i have nothing to lose. i set my students application on the 26th of sugust. so i am waiting for both decitions to come through.
dont withdraw your appeal and then reapply. you will not be considered over stayer while u have a pending appeal or awaiting your judgement. you need to look at the 1971 immigration act section 5 ...see
"CHAPTER 1 SECTION 5
SECTIONS 3C AND 3D OF THE IMMIGRATION ACT 1971 (AS AMENDED)" in the UK border agency website
it will show u that u wont be considered an over stayer if u r applying when u r in the process of appeal
its better to clarify with the home office rather than hearsay
All the best ...