Art. 8 Appeals and other stuff

[ent7907]

I finally got my PSW visa for 2 years a few months ago (it took 1 year + from the time of my application). I feel I sould share my experience and my interpretation of all the posts on the Tier 1 Board. I posted a few times before so have a look if you need to know more info or if my situation applies to you. I think anyone who feels they should apply JUST to work in UK should consider the following.

1. The appeal process is stressfull, lawyers are expensive and if you are not capale of representing yourself you must be prepared to spend a LOT of money on lawyers and Home office. Please dont assume that your finances overseas count for anything. My overseas finances DID NOT- any immigration officer can find out where the money came from and when it got into your bank account. In fact I have heard this question from a HO rep- ' If you have the intention of living in the UK , why do you keep all your money abroad?'. Get a UK savings account-use it and keep a healthy amount of savings.

2. I assumed that i had the right to live in the UK and work here based on long residence, family relations, UK education and job propects. This was foolish of me- Under article 8 (which is often the last option ) it must be proved that sending you back will severely inhibit you 'living'. Luckily for me I only visited my home country 4 times in 12 years-and i had written evidence from almost everone who i had worked for and befriended since 1996. I thereby proved I have spent more than 95% of my time in the UK.

3. AIT judges are willing to hear well prepared cases, I made the decision that a lawyer could not put my case accross either emotionally or logically. This is why I represented myself. The judge was understanding and even the Home office rep. was helpfull and gave some advice after the hearing. During my hearing i saw 3 people being represented by 1 lawyer in quick succesion. I am sure this was not good for them. How well can this lawyer prepare for 3 cases held over 3 hours?

4. Get all your evidence togethar-no matter how obscure. It shows you are being truthful and not hiding anything. Prepare your case well. Have your friends, employers and partner help you. Its important to show yo are staying in the UK for yourself and others-not just yourself or money.

5. Always play by the rules when you are a student. Trust me its not worth being detained at the airport and being asked about your immigration history every time you come and go into the UK. Especially if you though it was ok to work more than the allowed hours per week.

6.One thing I can say is that PSW DOES NOT COUNT towards permanent residency. Dont apply for something because its easy (anyone can get a UK degree and borrow £800 right???)and end up in the same situation in 2 years-trying to find a reason to stay.

Finally all I can say is that for me the PSW and the appeal process was a big struggle. Staying in the UK was a very big thing for me and very important to me. All I can say is that staying after that will also be a challenge. Think very carefully about what you want and why you want to stay in the UK before you apply-if you have good reason then you have a good chance-if all you have is £799 in your savings and a degree it wont be easy.

[PostMan]

Thats a good insight!, However, PSW counts if you are a student and waiting for the 10 years lawful residence. Students + PSW = 10 solid years will give you ILR under the 10 years residency.

[ent7907]

thanks thats good to know. So does that mean i could have just applied for ILR instead of PSW? I had been here for over 10 years as a student when i applied for PSW. I always thought it was the '14 year rule'-perhaps i was mistaken?

[madeabigmistake]

Thanks for the insight ENT, I totally agree with you on all of what you've said.

My case is still at the high court, and the process has taken a lot out of me and my family and friends, emotionally, physically and financially. I'm now not too worried any longer about whether or not I stay in the UK with all that I've been put through after being an upstanding citizen, and the hoops I've had to jump through to prove it. I just feel that it's been an injustice all around considering my circumstances with a child.

It's too bad the UK is making it hard for law abiding, tax paying (no benefits taking), society contributing people to stay in the country. Especially over ONLY something as ridiculous as the maintenance rule. The maintenance rule that changed in the middle of our residence here.

The two AIT judges who looked at my case completely got information wrong, almost as if they'd never read the case paperwork. Therefore, I nor the hundreds of people who are supporting me here, have any kind of hope in the 'Courts of Justice' (the irony!) who are supposedly now "carefully considering" all the aspects of my case.

So have been planning my departure with some bad taste left in my mouth from this country that I so thought was great...but mostly happiness to leave at this point.

Thank you for your help and advice and good luck to you in future!

[joxiri]

' @ent7907

I have taken on board what you have just said and you do have a valid point I have always been of the opinion a lawyer will not be able to put my points across hence why I have decided to represent myself as well I have a heariing in 2 weeks time

this is my situation
my balance fell below 800 quid to 795 on 2 ocassions within the 3 months due to my bank delaying updating my balance
i know its still my responsibility
but situation is all my family reside in the uk at the moment they are british, and I dnt have any close family tie back in my country, how much does this point count for and I am not just sayng it, my whole close family actually reside in the uk since my dad passed away I had always been on a student visa and just assumed when the time comes it will sort itself out
when i applied i was aware it was gonna be rejected but i wrote a covering letter enclosed my sisters bank statements with a letter saying she could maintain me as she had been by sponsor throughout college and university and the case worker should use some discretion
my visa was running out very soon and i could not go back to my country to apply for it cos my brother was getting married within 3 weeks which wouldnt have been enough time to re-apply

this are the points i want to argue on and they are the honest truth like u ve said one should always be honest which i intend to and I have documentary evidence to prove everything
I know u are not an expert but what do you think my chances are
and finally will i get my decision on the day of the appeal
please any info yu provide will be useful thank you