Immigrationboards.com

Deepshithole2010 · Member of Standing Joined: 26 May 2010 Posts: 159

Yeah true ...........just an advice to all the people who have applied PSW on the basis of ACCA fundamental and your leave to remain has not expired its almost impossible to overturn your refusal (most likely outcome, however views may differ) as it would mean no right to appeal only a judicial review followed by high court which would cost an applicant a fortune, therefore its best that you plan to further your studies if you intend to stay in UK, however if that's not possible start looking into other categories of immigration.

Deepshithole2010 · Member of Standing Joined: 26 May 2010 Posts: 159

Hi guys I have received unconfirmed news but it looks like there maybe some light at the end of tunnel for people who have applied on the basis of ACCA fundamental level.

In one of the recent upper tribunal hearings (I'll update the case no when i get it) involving ACCA fundamental whereby home office was represented by its senior most lawyer conceded that the original policy of home office not to consider professional qualification as degree's even when legitimate comparison exists (whether ACCA, CIMA or ICAEW & various others) was unfair.

That is to say that the point that was argued was not to justify whether ACCA fundamental should be recognised as degree but the policy itself not to allow professional qualification which is deemed equal to degree was challenged. Not sure if this particular case represented by Marfat.

As a result of this judgement home office are looking to amend those policy, however the problem is since Tier 1 PSW is closed they cannot amend these policy hence they have to take measures to ensure the consequence of allowing these many people and the impact it would have on other categories of immigration. I have been given an estimate of at least another month and half wait before home office finalises its policy and start making decisions. At this stage its still not a guarantee whether home office will allow everybody and chances are application is to be scrutinised very closely before decision are made.

Some of the sources of my information are very reliable for eg I spoke to the manager at UKBA and he confirmed that UKBA is looking at all professional qualification including ACCA under a new light of information and are awaiting further instructions how to proceed with such applications which is why mine is taking so long in spite of making a complaint nearly by my MP 2 months ago.

malik5805 · BANNED Joined: 25 Jun 2011 Posts: 120

ohh that really good news but what do u mean by scrutinised?? Hope we ll get psw straigtway really dont knw whats gonna happen.. please upload the case here aswell coz that case will leave us hope ::

malik5805 · BANNED Joined: 25 Jun 2011 Posts: 120

hello everyone.. anyone got reply from home office yet or nt

msk47 · Newbie Joined: 01 Jun 2012 Posts: 7

malik5805 · BANNED Joined: 25 Jun 2011 Posts: 120

same story everywhere they are taking so long now :: i really stressed out aswell :: i dont knw why they doing this us ::

NAHID · Member Joined: 25 Jun 2012 Posts: 54 Location: UK

Some information for considering pending application was discussed before and now, UKBA already made commitment that they would not change the policy and will make decision according to the rules and that will give advantage to those who will satisfy the rule on the balance of probability. that UKBA has announced and instructed to case worker.

it will also help to those thinking to go for judicial review or already pending for appeal or JR.

It good news for Tier-1 post study work migrant. please see the UKBA Update

please note with firm and honest belief God also gives reward.

Noman83 · Member of Standing Joined: 18 Feb 2012 Posts: 104

Greenie wrote:
I have already responded to your point about the level of your course. The fact that your course is degree level does not make it a degree. The fact that you can be issued a student visa to study a qualification at level 6 or above of the nqf does not make all such qualifications sufficient for psw. The requirement is to be awarded a UK recognised degree not that you have been awarded a qualification equivalent to a degree.

Noman83
This is not a fact as it is the interpertation of the word "equivalency" you are taking into account as there could be several literal meanings of the word this is when things get complicated and these rules are brought in front of court to interpret the law for its intended user

Moreover if you look at the rules "they are not rules they are stated as PSW POLICY GUIDANCE " what does word guidance means ?? it is only thier to
guide you whereas rules are to be adhered at all times ..

After a long time am back on this thread . Greenie i told you these words pasted above about 3 4 months ago , well we were only discussing this at that time but now i can say that i was RIGHT in saying POLICY GUIDANCE are not rules as now there is a judgement passed by HOUSE OF LORDS in ALVI Case where they have briefly described policy guidance as only a guidance which cannot be used for a REFUSAL as these guidance are not incorporated in Immigration Act 1971 and Home Office had to make urgent amendments to rectify problems but now they cant change the policy guidance as it is already closed so they have clearly stated in the new statement of changes published on 7th September to decide PSW CASES ON THE BALANCE OF PROBABILITIES whether the applicant fullfill the criteria or not

I am still interpreting this new judgement and in contact with my lawyer who has said that now my application is a straight forward as it has simplified things for caseworkers because now there is no OBLIGATION to meet policy guidance requirement as they were only requirements and the probabilities are in my favour off course

We cant still say that we will get this thing or not but obviously these things are making a lot of difference .

@Deepshithole Ukba manager i think refered you to this test case as this case challenged their system and now UkBA will have to incorporate policy guidance requirements into immigration Act 1972 before asking candidates to meet them

This is the interpertation which i took from this judgement http://www.supremecourt.gov.uk/docs/UKSC_2011_0182_Judgment.pdf

As it is a long one i didnt read whole of it so please enlighten me if i have missed anything

Statement of changes 7 Sep

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/alvi-judgement/alvi.pdf?view=Binary
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Noman83 · Member of Standing Joined: 18 Feb 2012 Posts: 104

PaperPusher · Guru Joined: 22 Apr 2007 Posts: 1923 Location: London

The Immigration Rules said that people had to have been awarded a degree. I don't see how the Alvi case changes anything. In fact the Immigration Rules are quoted in the caseworker guidance. See pages eight and nine.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/alvi-judgement/alvi.pdf?view=Binary

Noman83 · Member of Standing Joined: 18 Feb 2012 Posts: 104

Noman83 · Member of Standing Joined: 18 Feb 2012 Posts: 104

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/september/10-immigration-rules

PaperPusher · Guru Joined: 22 Apr 2007 Posts: 1923 Location: London

It was paragraph 245FD(c) and (d) of the Immigration Rules that stated that the person needed to have been awarded a degree. Appendix A was also already in the rules. The guidance cannot be incorporated into the rules because the route has closed, but it doesn't matter because ACCA is not a degree.

Look at this unreported decision:

http://www.ait.gov.uk/Public/Unreported/IA264602011.doc

Noman83 · Member of Standing Joined: 18 Feb 2012 Posts: 104

PaperPusher · Guru Joined: 22 Apr 2007 Posts: 1923 Location: London

The rules have changed since you applied for PSW you know.

NAHID · Member Joined: 25 Jun 2012 Posts: 54 Location: UK

Fundamental level is Bachelor degree. Degree has different level and on the balance of probability both ACCA and Fundamental level is acceptable.

the unreported case was decided based on policy so according to new case law that is unlawful decision and if the appellant can take appropriate action , he might get PSW regardless of his refusal by UTT.

PaperPusher · Guru Joined: 22 Apr 2007 Posts: 1923 Location: London

ACCA is not a degree, not a bachelor's degree, nor a master's degree, nor a doctorate. It is at an equivalent level to a bachelor or master's degree.

NAHID · Member Joined: 25 Jun 2012 Posts: 54 Location: UK

Alvi case is the big blow in whole immigration point based system.

because you do not read newspaper or search google. All big lawyers and new paper has made comment on this and UKBA has bound to change the approaches. whatever UKBA make decision Judges will have approach to support Alvi. I know somebody who's application recently refused but its very tricky was refused but his lawyer said it will be OK.

please read 19 July newpapers in Google about Alvi. whatever you feel but its application will have different effect. Case law is there does not mean that every lawyer would be able to make a good use of it.

Alvi is like an artwork made by very experience judges in Supreme Court. and only Good lawyers would know how to use the case law. read thinktanks comments about alivi in Google.

NAHID · Member Joined: 25 Jun 2012 Posts: 54 Location: UK

Paperpusher I dont know your backgrounds but I saw documents and official confirmation to my lawyer that it is UK recognised Degree and that confirmation itself is sufficient to proof the case on the balance on probability. I believe it is right what I told here if somebody dont want to believe then dont. its totally up to you but , evidence is out there to proof. plus ACCA qualification is more respectable than normal graduate from University.
I believe ACCA qualified would agree with me. because we know what we have gone through to achieve it.