Help please...desperate!

[sparta]

I need your advise, especially those who encountered the same experience and had the same situation.

After 2 months I was refused on my TIER 4 extension. I was given 10 days to appeal. My new course end date was September 26, 2011 and now it's already October 5. The course is already finish and I already have my award letter.

My question is: Can I apply for an PSW and not to appeal the refusal of TIER 4 extension? (What's the point of appealing the TIER 4 extension when my course already ended last September 26?). Or what is the best thing for me to do?

Thank you so much. I will be waiting for your responses.

[geriatrix]

An out-of-time leave to remain application under PSW should be acceptable under 245FD(f). However, you would not have a right of appeal against a refusal.

[sparta]

Hello, thank you. If I submit a fresh application but on PSW it's an out of time application right? What am I going to do with the TIER 4 refusal?

It keeps me awake all night. Hope you guys can guide me.

[bruteforce]

IMO, if you still have appeal time (10 days), then you should appeal against the refusal even your course has already finished. The benefit will be that your leave will be automatically extended until the outcome of your appeal. In the mean time what you can do is file your PSW application and within the application form, answer the question that related to any existing HO application or pending court decision. For any reason, it will not be an out of time application.

[/u]

[sparta]

Hi bruteforce,
Do you have the same situation as me or do you know someone who had the same problem? Because others told me that if I have an appeal pending I cannot apply for a fresh application, while others said that I should appeal the refusal then submit PSW application then withdraw the appeal. I'm really confused. It would be helpful if you can tell me what you know. Ty

[tuliprose]

Hi bruteforce,
Do you have the same situation as me or do you know someone who had the same problem? Because others told me that if I have an appeal pending I cannot apply for a fresh application, while others said that I should appeal the refusal then submit PSW application then withdraw the appeal. I'm really confused. It would be helpful if you can tell me what you know. Ty

Do not appeal just apply for PSW.

Make sure you do the followings:

Correct form is being used.

Form is completed in full.

Pay by postal order rather than other methods.

Photo is as per requirement.

Maintenance funds must be there for 90 days and last statement must not be 28 days old than the application date.

Write a covering letter and mention your student visa refusal, if possible attach the copy of your refusal.

Make sure everything is in order.

You will get the visa, if you meet all the requirement. If for any reason refused, then you will not get right of appeal and need to go back and apply for PSW from your country.

Good Luck.

[sparta]

Hi, Wow! my head cleared, its like a fresh air. In short I don't need to appeal for my refusal instead apply for a PSW with everything in order. What will I right on the application form asking if I overstayed? Did you had the same situation? Really appreciated it tuliprose..

[sparta]

I mean what will I *write on the application form asking if I overstayed?

[bruteforce]

there is some misunderstanding. You are not getting the point here. If you apply for PSW without first lodging your appeal, you will be considered as overstayer or your application will be treated as out of time. In that case if your PSW application is refused for any reason what so ever, you would not be given right to appeal. BUT if you first appeal against your Tier-4 application refusal, you will not be an over stayer / out of time application.

IMO

[geriatrix]

You can either appeal or submit a new application. You cannot do both! When Section 3C is in force, new / fresh application cannot be made (3.2).

[bruteforce]

cheers for that, I didn't know this.

[sparta]

Ok..i will submit PSW application on Monday. What confuses me is the answer in the application form that asks if overstay or not. what will right on that section then?

[vinny]

Hi guys,
Hope you can advise and help me...it keeps me awake and thinking all night.

Here is the situation:

I applied for TIER 4 extension on August 3, 2011. After 2 months I received the decision from the HO saying:
REFUSAL TO VARY LEAVE
*Therefore you do not satisfy the requirements of the immigration rules for this category and it has been decided to refuse your application for leave to remain as TIER 4 (General) Student migrant*

I was given 10 days to appeal.

What does REFUSAL TO VARY LEAVE means?
Now, I am finished with my course and already received my certificate of award from my university. I have now everything that I need and is ready to apply for PSW.

What should I do?
Do I need to appeal?
Can I submit a fresh application for PSW without appealing?
Some advise me to appeal, then submit a PSW application then withdraw the appeal, it is right?
What is my best option? Help please...

[PSW WORRIES]

Hi guys, followed your threads, but i am having a similar issue here.

AM DOING AN OUT OF TIME APPLICATION AND I AM HAVING PROBLEMS ANSWERING QUESTIONS ABOUT MY IMMIGRATION STATUS.

D11: CURRENT IMMIGRATION STATUS???

D29: Does applicant currently have an appeal with the asylum and immigration tribunal which is yet to be heard? YES, i have a tier 4 appeal pending.

D31: Has the date of applicants leave , as stated in his/her passport now passed? Y provide additional grounds to the outstanding appeal.
YES, but it says "applicant is not able to submit fresh application. However they can , if they wish, provide additional grounds to the outstanding appeal".

Since i have obviously overstayed, i am wondering what Sparta filled in questions D11, D29 AND D30/31?