Immigrationboards.com

Summer Tjan · Junior Member Joined: 30 Sep 2012 Posts: 15

Hi all,

My psw has been rejected on 25 Sept with the ground:
- my UOW result out on 14 May which pass the deadline of application, and
- due to the first section not manage to get 75 points, my english proficiency also being considered fail.

I plan to appeal because my application was actually based on my acca result (fundamental and professional) with Naric letter and ACCA equivalent letter to support. I just supplement my application with my MBA from UOW which still pending result as of 5 April.

Thus my question is it possible to appeal saying that i was being considered on a wrong basis of qualification?

Kindly give me all your kind opinion and suggestion.

Thank you so much.

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6518 Location: Brasil

You would need the MBA to qualify for PSW; the ACCA itself is not sufficient as that is merely a professional qualification and not covered by PSW. You did not have the MBA at the time you applied so have been refused on that basis.

Summer Tjan · Junior Member Joined: 30 Sep 2012 Posts: 15

Thanks for reply Lucapooka ...

I actually using my acca due to my school (lsbf as course provider of uow) did not manage to give me the result on time as promised. Eventhough i have submitted my dissertation on time as requested. Can I use this as ground to appeal? Thanks again Smile

.

entreprenuer11 · - thin ice - Joined: 21 Sep 2012 Posts: 144

Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6518 Location: Brasil

You seem to have said the the MBA was awarded in May so this is well past the PSW deadline. The fact that you have it now is not relevant as it did not exist when you applied. That would be post-decision evidence and not something that can generally (yes, exceptions are not unheard of) be considered on appeal.

malik5805 · BANNED Joined: 25 Jun 2011 Posts: 120

I would suggest you to do appeal on the basis of ACca because if you visit different forums a lot people won their appeal on the basis of acca .. You need to give argument on the basis that acca is Equal to uk bachelor degree as per Letter by Uknaric.. Recently my friend won his appeal and hes only done fundamental level.. you will get but do not mention yr MBA coz you did get MBA after the route has been closed., and visit different forum and you ll knw a lot ppl applied and got psw on basis of acca.. And please Try to get as many as winning cases..

Summer Tjan · Junior Member Joined: 30 Sep 2012 Posts: 15

Thanks you all for all suggestions and comments Smile

.

I have instructed a lawyer to help me, he also suggested to use acca as basis of appeal, just ignore the mba because it is clearly out of psw scope. Finger crossed it works.

@Malik: may I know who is your friend who win the case? Thanks lots Smile

.

malik5805 · BANNED Joined: 25 Jun 2011 Posts: 120

Summer Tjan · Junior Member Joined: 30 Sep 2012 Posts: 15

@malik: my friend recommended me Mr Rana Khan from Noble Law solicitors. So I went there and consulted him. He knows about all these equivalent stuff. So I instructed him straight away.

Do you successful with your appeal?

malik5805 · BANNED Joined: 25 Jun 2011 Posts: 120

TB9 · Posted: Mon Oct 22, 2012 8:48 am Post subject:

Hi Summer,

I think we are on same page. Only difference is you have acca as a basis to appeal.

My result got declared officially on 1st may but I applied for PSW thinking that I will add the degree later. Inspite of sending a query they just sent me a rejection on 27th sept. Bio-metric was done by that time.

I have appealed now on the basis that they should have checked my qualification from my university or should have asked me before they rejected the case.

Waiting for a hearing date.

Finger crossed.

Any advice for me?

Many Thanks !!
_________________
Don't you worry, don't you worry child. Heaven's got a plan for you Smile

Summer Tjan · Junior Member Joined: 30 Sep 2012 Posts: 15

Hi TB9 ...

Lots of my friends are in the same situation without any acca to help. They have been consulted with various lawyers and being told that the chance is very slim unless they can proof there is discrimination on their application. As we both know there are lots of people who got their result above 6 April and still got their psw.

So they approach their local MP to get supports ... I know some MP are very willing to help once you explain the details stories. My suggestion is appeal n approach your local MP, hopefully it helps.

Hope this information helps Smile

. Let you know more when I got more info from my friends. Take care.

TB9 · Posted: Mon Oct 22, 2012 11:34 am Post subject:

Hey Summer Tjan,

Thanks for the Advice.

I have appealed through a solicitor.So only thing I can do is to look for my local MP and have a hope atmost. Tribunal has deducted the appeal fee from my account and I am still waiting for further notification.

I Will let you know about my beings.

Thanks.

We should keep our spirit up Smile

_________________
Don't you worry, don't you worry child. Heaven's got a plan for you Smile

Summer Tjan · Junior Member Joined: 30 Sep 2012 Posts: 15

Hi All ...

A bit of update for those who used Master/bachelor degree with awarded date outside 5 April 2012. Some of people in my school receipt their psw straight away eventhough they have appeal and given hearing date. It is because ukba withdraw the case .. They dont even have to attend the court anymore.

Thus, finger crossed it happens to everyone in the same situation.

Takecare,
Summer

TB9 · Posted: Thu Nov 22, 2012 11:58 pm Post subject:

Hi Summer Tjan,

That's a relief.Thanks for the update.I am in the same boat and had my hearing on 16th November.My solicitor and barrister went to the tribunal to represent my case.I am just waiting for the decision now.Fingers crossed.

Lets see my fate Smile

_________________
Don't you worry, don't you worry child. Heaven's got a plan for you Smile

Summer Tjan · Junior Member Joined: 30 Sep 2012 Posts: 15

Hi all ...

A bit update: Those people who cases being withdrawed n given psw were the ones who supposed to have their hearing in Hatton Court. While other courts hearing seems on schedule n go on .... Don't know why it is like that Sad

.

@TB9: Sorry for being a nosey parker, may I know what arguments presented by ur lawyer against ukba representative? Thanks ..

Kind regards,
Summer

TB9 · Posted: Sat Nov 24, 2012 12:53 am Post subject:

Hi Summer,

My appeal is on Human rights ground backed by references of other immigration cases.Light was also drawn on time taken by university in declaring the result.

My proceeding was in Taylor House and no changes were made by that time.

And also, got some update from UKBA that there has been some minor changes in immigration rules which gonna apply from 13 dec 2012.

As you said and even my solicitor said that some of the applicants have won the case.If this has happened,it should apply to all of us with same conditions and apparently we should have some good news this Christmas.

Best Regards,

TB9
_________________
Don't you worry, don't you worry child. Heaven's got a plan for you Smile

sam1983 · Newbie Joined: 28 Nov 2012 Posts: 9

baraiya_kanaiya · Newbie Joined: 06 Nov 2012 Posts: 6 Location: LONDON

My appeal hearing was on 21 Nov 2012. I got letter from court today. Court dismissed my appeal as given reason. It is invalid application. You had to submit your result at a time of application not after.

sam1983 · Newbie Joined: 28 Nov 2012 Posts: 9