IGS to PSW Refused despite..

[mistiq]

Hello Folks,

I would really appreciate some help. I need it!

I came to UK to study my bachelor's in 2003. After Graduating I got IGS in June 2008 to July 2009. However when transitioning from IGS to PSW this July, I was refused on the ground of maintenance funds. The reason being, I was not aware about the new rule. However after finding about it, I rang Home Office to enquire whether it would affect me. Even the HO staff herself was not sure and after putting me on hold for 15/20 minutes, she came back with response that, it should not affect me as I am a transitional applicant. As a precaution, after finding about the maintenance fund rule in May, I pulled up my account above £800 at all time. I also mentioned that my whole family moved to England in 2006 and we have a family home here and I do not have to pay for rent and food. I also have a full-time employment. Nonetheless visa came rejected. Since then I have appealed. Went to court on 6th October 2009 unrepresentated. The judge was impressed how well I had documented my witness statements etc but adjourned the appeal hearing to allow me more time to find a decent lawyer who could point out some legal waiver. The judge was sympathatic on my case but he mentioned that his hands are tight. He also mentioned that since this Post-Study work visa/ Point-based system being new, he needs legal representative to help him, help me. Now my appeal hearing is on 13th Novermber 2009.

After rigorous search for good lawyer, I have basically given up now. They all said that there is no statute for Post-Study work. The new point based system is so rigid that it does not consider any circumstances. In my case, having whole family and house here it is absurd to prove £800 maintenance fund. If my family knew about maintenance fund rule, they are happy to give me £800 or any other help as they have paid more than £30,000 for my tuition fees here in England. Even the lawyers cannot guarantee me any success. Some even mentioned about re-submitting my application as I now have more than £800 in my account.

Having family, a house, full-time employment and savings here, if UKBA assumes that I am not able to support myself solely because of the April statements, I can only say that the purpose of maintenance fund rule does not determine my actual circumstances. I believe it has been the same for many other cases too. Hence I would like to point out that the purpose of maintenance fund rule has been nothing but a failure. Atleast in my case. I can state that their refusal was not in accordance with the law in the general sense. If they want to have their rules as black and white only, they are certainly discriminating people who falls in the grey catergory. One could say it is more rigid than a criminal justice. I definately fall under the grey category. When I was a student, my parents had to show enough fund to support my education. Now their UK bank accounts can not act as a guarantor, should I ever require any financial help from them. Living in the same house, my accomodation and food costs are minimal, yet these points are not considered for maintenance in point based system. The new system also ignores the IGS applicants who fail to switch from IGS to PSW.

There seems to be constant discrimination against the IGS. Transistional arrangement should have allowed all the IGS applicants to transition to PSW smoothly. Although it is classed as transitional arrangement, we have to apply again with new rules which were not needed previously, when we applied for IGS. I would like to point out why it is discriminating against the IGS applicants.

1. If somehow any IGS applicants fail to switch to PSW, they are not allowed to re-enter UK as you need to be within a yr of degree awarded. (HO will not consider that you had expire a yr limit as IGS)

2. Under the PBS all other rejected applicants can re-submit their application even when their visa has expired APART from IGS.

Perhaps there are more catches.

Is there no way of challenging this discrimination? The reasoning just amazes me.. I am probably destined to fail.

[meats]

It's fairly clear what you need maintenance wise, you didn't know about that rule then that is your fault and no one elses. It's the same for everybody and it's not discrimination. Ignorance is no defence in not knowing the laws.

[vinata]

Sorry to hear about your horrible experience. Yes, you are quite right, the new maintenance rule is just a nonsence. However, there is no point in blaiming the system. You now need to decide on what to do next.

You said you were in the full time employment right now. After your next hearing and new determination, you can choose to come back home and apply from there for a highly skilled Tier 1 general visa (provided you have a master degree). If you haven't got one, then you might be able to apply for a student visa from back home and return to the UK as a student.

I know exactly how you may be feeling as i was in nearly the same situation. However, my appeal was allowed due to the additional evidence i presented to the judge. I know that this maintenance rule is not fair, particularly if there is nothing you can do to correct the situation. But it is also true that this rule is the same for everybody, so it is ultimately the applicant's fault for not preparing the documents correctly.

So, all you can do at the moment, is to keep positive and think of the future plans now. If you decide to apply from back home for another type of visa, I would recomend you to use a good solicitor, as it is very easy to get refusal these days.

[mistiq]

Yes I do understand it. But if I do apply as student again, I am likely to lose my eligibility for ILR. Will it be counted again?

[vinata]

If you apply from back home for any type of visa, your stay will come back to zero and you will loose all of those years you have spent in the UK for ILR purposes.

You can try to apply for a student visa from within the UK while your appeal is pending, however, it is unlikely such application would be deemed valid. And even if it is accepted and you are granted a student visa, your stay will still come back to zero, as effectively, you would be applying for the new visa while your previous one has run out. So, there would be no continuity in your stay any more.

Just try to be positive.

[pakstar]

It's fairly clear what you need maintenance wise, you didn't know about that rule then that is your fault and no one elses. It's the same for everybody and it's not discrimination. Ignorance is no defence in not knowing the laws.

But what you do where Law changes by sunset and sunrise.

Hope HO will work better in order to make long lasting laws.

[mistiq]

Some lawyers and even my Immigration judge said that Point Based system being fairly new, It's confusing even for them. What can ordinary people like us can do?? I guess fall victim to their ever changing rules.

I know exactly what to do in a country where the rules would change every sunset and sunrise that is not be a part of it. I would never know when the rug would be pulled from under my feet. I just hope UK will not be one of those country. But Point Based System is already failling hugely if you look at the publications.. so I guess it is heading that way. I would just suggest people out there be prepared to fight. If HO wants black and white rules..prepare yourself well and in time. Hope people don't fall victim like me. God bless

[Jack_Hammer]

UK population will soon reach 70 millions, for this reason ILRs are no longer welcomed in the UK. Points-based system still in its infancy and the best yet to come! You are not the one who falls victim if this rule, Myself and friends squeezed out of the UK to be lured and apply again from home. They always guarantee that will come back, only to count for another 10 years... so, whether it is fair or not, it is reality now!
________
FAKE WEED

[Rashid Ali]

if u hav any credit cards or overdraft limit u can use that in ur case, as u had that amount in ur possession, im not sure but i think sum 1 won case on these basis, all the best.