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Possible leniency for my immigration situation?

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

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zlk26
Newly Registered
Posts: 1
Joined: Mon Aug 23, 2010 10:59 pm

Possible leniency for my immigration situation?

Post by zlk26 » Mon Aug 23, 2010 11:18 pm

Hi there

I am a non-EU who has been living in the UK legally for nearly 6 consecutive years. I am currently on the Post-study Work Visa which expires in February 2011. During my time here I achieved a Bachelor's and a Master's degree and have been in £16,000 per annum full-time employment since March 2010. I am very settled here but I am not eligible for any visa option after my current one expires. It seems rather harsh that I will have to leave my job in February and depart the country for being just £4,000 a year off the Tier 1 (General) and Tier 2 (General) visas (An annual salary of at least £20,000 for 6 months is required for these visas).
Is it possible that if I launch an appeal to the Home Office through a solicitor that I will be given some leniency? After all, I was job hunting for £20,000 employment during the recession and in Birmingham where the average salary is lower than that in Southern England.

Thanks

wabuthu
Junior Member
Posts: 55
Joined: Sun Jul 04, 2010 12:32 am

Re: Possible leniency for my immigration situation?

Post by wabuthu » Tue Aug 24, 2010 1:13 am

you can find a related topic for people in a similar situation as you here http://www.immigrationboards.com/viewtopic.php?t=58122

in my personal opinion i think there's enough unemployed UK and EU people here without adding on all of us who are foreigners who want the same jobs as the UK/EU applicants.

Do i think it's unfair that they included PSW applicants in the new higher Tier 1 points based system? YES i think it's very unfair considering we forked out loads of £££ to pay our overseas fees.

Do i think anything can be done about it? NO, not unless a miracle happens.

I guess i'm just being realistic about the situation. Everyone is entitled to their own opinion. Personally i've just mentally prepared myself to go home in when my PSW ends.
zlk26 wrote:Hi there

I am a non-EU who has been living in the UK legally for nearly 6 consecutive years. I am currently on the Post-study Work Visa which expires in February 2011. During my time here I achieved a Bachelor's and a Master's degree and have been in £16,000 per annum full-time employment since March 2010. I am very settled here but I am not eligible for any visa option after my current one expires. It seems rather harsh that I will have to leave my job in February and depart the country for being just £4,000 a year off the Tier 1 (General) and Tier 2 (General) visas (An annual salary of at least £20,000 for 6 months is required for these visas).
Is it possible that if I launch an appeal to the Home Office through a solicitor that I will be given some leniency? After all, I was job hunting for £20,000 employment during the recession and in Birmingham where the average salary is lower than that in Southern England.

Thanks
i'm not a professional, i'm just giving responses from personal experiences or from ukba or ukcisa links that appear appropriate to the situation. currently on PSW visa

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Tue Aug 24, 2010 4:08 pm

It is almost inevitable that some people will not be able to score enough points for Tier 2 or 1 to enable them to stay in the UK. Even before the recent changes in scoring for salaries your salary is too low.

Honestly though, most £16k jobs are ones that need GCSEs only, and the PBS already takes into account regional variations in wages, particularly for Tier2.

Are you sure you don't score enough points for Tier2? You get 30 extra points for being on PSW, giving you a leg up over out of country applicants. The job has to be skilled, so what is it you do? The salary also has to meet the minimum (average I think) for that occupation and there are codes of practice that you can check your role against.

At the worst you have had two years to gain work experience in the UK.

askhan
Senior Member
Posts: 554
Joined: Fri Jun 04, 2010 10:00 pm
United Kingdom

Post by askhan » Wed Aug 25, 2010 6:49 pm

I dont think so you need 20K to validate your tier 1. as far as I know there is no points on 20K

have you checked UKba PBS calculator to see how many points you have scored or how many left.

Jonate
Newly Registered
Posts: 10
Joined: Mon Mar 15, 2010 5:09 pm

Post by Jonate » Thu Aug 26, 2010 2:59 am

Options
(1) Look for a better job at master level. use the PBS register of employers, there is still time you might be lucky.

(2) Boost your income through self-employ business provable by your accountant, pay taxes, and generate more income.

(3) Apply to return to Tier 4 Student for additional 4 years, if you are lucky the 10 years long residence is still there, Note: UK immigration is same as the chameleon. changes over night, no long immigration plan.

(4) Get maried if you currently are not, but this should not be sham, real one, with LOVE, do not die in silence, else you will go back in shame with deportation if caught in sham marriage.

(5) Return to your country and look for work there.

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