PSW / Tier-4 to Tier-1

Hi,

Below is my details
2009- 2011 Doing Masters (Tier4 - student visa)
2011July - 2013 July (PSW)

2013 July I applied for Tier 4 (Level 7 Course). I got Rejection, I appealed and 2014 Jan I won the appeal. I still dint get my passport yet.
My college was suspended 3 months ago, they are on appeal as well but my course already finished on 2014 Aug.

Am I still on PSW until I get my passport?
I have recently started a beauty business since 2014 Aug, and it is going well. How can I get a business visa? Which is the best available option to extend my visa as I really want to continue my business.

Can I use 50K to switch from PSW to Tier 1? Is it still available? One lawyer said this is not available anymore.
Please advise ASAP as I am expecting my passport anytime and this is going to be Tier4.

Different solicitors saying different information, I am confused. Please help...

Thanks in advance
Vineet

Hi

I applied for Tier4 in 2013. Visa was rejected and I won appeal in January 2014. I couldn't finish my course and college was suspended and my course was until Aug 2014. College closed down in Feb 2015. I still dint get my passport and BRP back. Now I would like to do a course in University. University can't issue CAS letter.

1) Should I go back to my home country and do fresh application to University ? Will this get rejected ?
2) Should I take admission in College (They can issue CAS). If this college closedown will I get chance to apply to University? Or after finishing course, will I be able to go home country and apply to University ?

PLEASE ADVISE.

Regards
Vineeta

1. Since the refusal (which was later overturned in January 2014 on appeal), have you changed your address? If so, did you inform Home Office about it?
2. Did you ask Home Office to return your passport and BRP, when you didn't receive it within 2-3 months of winning the appeal?
3. Do you realize that you may have been an overstayer for almost a year if not more, and without a passport?

Hi
Thanks for your reply.

1. I moved to a new place, but I still have my sister live in my previous address.
2. Yes, I continuously chased (call) them after I won the appeal, but they asked me to wait
3. My college gave me wrong information about re-opening, and I was waiting because I couldn't afford to get admission in some other institution.

Is there any way I can stay back ? Or to get University admission ?

PLEASE HELP.
Thanks in advance

Vineeta

I am surprised that you haven't made more efforts than just calls in the 18 months to get your passport back!

You didn't finish the course you were supposed to, your college licence was revoked, you haven't been able to force UKV&I to return your passport (what if UKV&I has lost it??), according to another post of yours on the forum you are working full-time probably without any legal right to work full-time ... and probably an overstayer since quite long.

And you are expecting a University to issue you a CAS!


IMHO, you need (good) professional legal help ASAP.

Hi,

Thanks for your reply.

Yes! I admit that was careless action I have been doing. When I called few solicitors they all said about 60 days curtained letter and said as along as I don't have passport and visa, am not overstaying. Last year I received someone else documents from UKVI, I called UKVI and they asked me to return that. I have returned it. I am not blaming any one, but this information dint make me worry too much. I thought I am staying legally. I started a business based on the information my employer gave that is I am on PSW visa until I get new visa stamped on my passport. But I closed down that and staying with my cousin family since few months now. They are bearing my expenses and I am using my savings as well. Now my Uncle offered me money to do University course which I am very much interested and was planning since so long.

Now I contacted my Solicitor who did my appeal, he asked me to write letter to UKVI to return passport. I have two more doubts.

1. When I write a letter to UKVI, should I say I couldn't finish my course and dint receive 60 days curtained letter and now I would like to do an admission with University which I find more safer than college and genuinely I am very much interested in the course ? (My solicitor said this might get record in their files and high chances of visa get rejected if I had to go back home and when I apply to University from my home country.) At the same time University told me UKVI might give you time to do admission or go home.

2. If they return my passport back to go home, Will I get any time period ? Or will that be leave UK ASAP?

Now after reading your reply, am very much worried, Will they put my passport in deporting list?
FYI: I genuinely want to do this course in University. I am not applying for the sake of staying back.

Please let me know what you think about it.

Kind Regards
Vineeta

There are a lot of unknowns in your case, so it is very difficult to say what was right one way or the other.
It is rare that Home Office withholds someone's passport for so long, and very unusual if the passport holder doesn't have a poor immigration history (e.g. - illegal entrants, failed asylum seekers etc. etc.).

So, it is imperative that you seek professional legal help from some worthwhile so that he/she can help you get out the mess you've yourself into and that too quickly.

To start with, complain to UKV&I.
Get your MP involved. Request him to enquire from Home Office as to why your passport has not been returned to you.



I hope things work out for you. All the best.

Thanks a million for your help.

One last question, do you have any idea how long they give permission for me to stay if I request a letter to return my passport?

Thanks again.
Regards
Vineeta

I have done my MSc. International Fashion marketing
I was doing level 7 Strategic management in College and it was revoked. Now I got 60 days letter from Home office to take admission in University.

Is that possible for me to do MBA or MRes ?
Will this consider as academic progression? Or I can only apply PhD ?

Vineetha wrote:Is that possible for me to do MBA or MRes ?
Will this consider as academic progression? Or I can only apply PhD ?

These are questions for the institution, who will need to check that the new application would still keep you within the 5-year cap, which appears to have restarted in January 2014. Not having academic progression is fine, they can still sponsor you, but only for a Tier 4 application in your home country, not in the UK.

PhD is not included in the cap, and would be clear academic progression.

Hi

Thanks for your reply.
I was on Tier 4 visa (Msc. Fashion Marketing) from 2009 sep to 2011 Feb (1 year + 5 months)
I came back home country and extended tier 4 visa for doing dissertation (3 months)
Then I was on PSW, and I again applied for Tier 4 (level 7 course) (1 year course). But it was rejected due to bank statement. Went for appeal and won the appeal. I dint get my passport or visa. My college was revoked and closed down.

Now I got 60 days letter from home office to get new CAS.

1. University said Course start date is not within next 28 days, I have to go back home country and apply. Even if I manage to get CAS, home office will reject and ask to go home country and apply. Is this right?
2. I applied for MA Business and management, and University rejected because they said no Academic progression. I am now trying to get MBA which is 1 year course.
3. My solicitor told I am still on PSW as I dint get my passport or visa back and the application is still pending. Is this right?

Do you think will it be easy to get CAS if I apply from home country? Will there any visa rejection complications?

Vineetha wrote:1. University said Course start date is not within next 28 days, I have to go back home country and apply. Even if I manage to get CAS, home office will reject and ask to go home country and apply. Is this right?

Yes.

Vineetha wrote:3. My solicitor told I am still on PSW as I dint get my passport or visa back and the application is still pending. Is this right?

I guess so, in theory, but it doesn't make sense why the Home Office would hold on to them.

Vineetha wrote:Do you think will it be easy to get CAS if I apply from home country? Will there any visa rejection complications?

That is a question for the Tier 4 sponsor.