Can I switch back to Tier4 if PSW application is rejected?

[King_Khan]

Hi everyone,

Currently I'm on old student visa (not tier4) and am planning to apply for PSW. My student visa is expiring this month. I was just wondering if i apply for psw visa on the basis of my current qualification and it gets refused even in appeal, will it be possible for me to apply for Tier 4 after unsuccessful appeal without going back to my home country and apply from there?

I am asking this question because someone told me that you can do that provided you have got at least £7200 in your bank statement for 28 days from ur date of application.

All answers are appreciated.

Thanks

[Lucapooka]

What is your current UK degree and what type of course would you intend to study?

[King_Khan]

Thanks for your reply Lucapooka.. I have completed first 10 papers of ACCA, and I've opted in for ACCA+ MBA offered by lsbf. So if my psw application/appeal is refused I would apply on the basis of my remaining studies which is the same, ACCA+MBA.

[Lucapooka]

ACCA is not a recognised UK degree; it's a professional qualification. I don't see how this can be used to apply for PSW. Good luck and do let the forum know of your experience as there are many people hoping to apply for PSW on the same basis.

[King_Khan]

I know several people who have already got psw on that basis, some on application only and some on the basis of appeal. I have personally seen 3-4 allowed appeals. Since PSW is scrapping in april therefore i want to give it a try now since my visa is expiring anyway.

My question still remains unsolved.... Is there any way I can apply for Tier 4 from within the UK after refusal of PSW application/appeal without going back to my home country?

[arsenal49]

you can only have one outstanding application with ukba

if you have overstayed for less than 28 days, then you can submit new in-country application, although you will not be given right to appeal in case of refusal

[King_Khan]

Thanks arsenal49. Yeah that's right but in case my appeal is also refused the HO will give me some time to leave the country, so my stay until that date will be legal.

- Can I apply for Tier 4 within that time frame?
- If yes, how much funds do I need to show in my account, is it £7200 as someone suggested or £1600?

I appreciate your help.

[arsenal49]

Thanks arsenal49. Yeah that's right but in case my appeal is also refused the HO will give me some time to leave the country, so my stay until that date will be legal.
No, you are not 'legal'. your status will be 'overstayer' but with no penalty, for that specified time!

- Can I apply for Tier 4 within that time frame?
depends if you satisfy tier 4 requirements
- If yes, how much funds do I need to show in my account, is it £7200 as someone suggested or £1600?
i dont know - read policy guidance rather than believing 'someone'.

I appreciate your help.

[King_Khan]

Thanks for clearing me on that. I just went through the policy guidance and it doesn't say anything about over stayers so I assume the funds requirements will be £1600 as it is for all applications made from inside the UK.

Now one last question is triggered in my mind which would be great if anyone with some knowledge could help me with. In case of Tier 4, since I will be over stayer after refusal which i hope won't be the case, will my college be able to issue me a CAS number, I mean is it legal for them to do so? Because without that i can't make an application from here.

Thanks everyone with ur helpful replies.

[Greenie]

Thanks for clearing me on that. I just went through the policy guidance and it doesn't say anything about over stayers so I assume the funds requirements will be £1600 as it is for all applications made from inside the UK.

Now one last question is triggered in my mind which would be great if anyone with some knowledge could help me with. In case of Tier 4, since I will be over stayer after refusal which i hope won't be the case, will my college be able to issue me a CAS number, I mean is it legal for them to do so? Because without that i can't make an application from here.

Thanks everyone with ur helpful replies.

If you read the rules, and the guidance you will see that it does clearly say that you can only benefit from the established presence rule if you have current entry clearance, leave to enter or leave to remain as a student, tier 4 migrant or postgraduate doctor or dentist. Therefore if you have overstayed you can't benefit from the established presence rule.

See paragraph 155 tier 4 policy guidance

[King_Khan]

Thanks Greenie for the clarification.

I have submitted my application. Now fingers crossed...!!!