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dreamfriend
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Joined: 15 Apr 2012
Posts: 87
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 Posted: Tue Oct 02, 2012 12:25 am Post subject: Refused PSW Application .... 10 years ILR eligibility |
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My Tier 1 PSW application was refused under Paragraph 245FD of the Immigration Rules as I didn't meet the requirement at paragraph 245FD(f). UKBA gave me RIGHT OF APPEAL.
I have been awarded 95 points total.
My student visa was refused September 2011 and 10 November 2011 my appeal was granted Discretionary Leave to Remain. I successfully completed my course on March 2012 (six month course), and then applied for PSW 12 March 2012, as I graduated from another University July 2011.
(December 2012 I'm eligible for ILR application)
I don't know what I will do. I really Appreciate your help n thanks in advance. |
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sushdmehta
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Joined: 17 Mar 2006
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| Posted: Tue Oct 02, 2012 12:28 am Post subject: Re: Refused PSW Application |
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| dreamfriend wrote: | | My Tier 1 PSW application was refused under Paragraph 245FD of the Immigration Rules as I didn't meet the requirement at paragraph 245FD(f). |
There is no such rule(s). Check the letter again.
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dreamfriend
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Joined: 15 Apr 2012
Posts: 87
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| Posted: Tue Oct 02, 2012 12:32 am Post subject: Re: Refused PSW Application |
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| sushdmehta wrote: | | dreamfriend wrote: | | My Tier 1 PSW application was refused under Paragraph 245FD of the Immigration Rules as I didn't meet the requirement at paragraph 245FD(f). |
There is no such rule(s). |
I also did not find any rule 245FD or 245FD(f) !!! (The letter is with me) Thanks |
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sushdmehta
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| Posted: Tue Oct 02, 2012 12:39 am Post subject: |
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Could be that there were, before being removed between sometime after Tier 1 (PSW) scheme closed and now. Let me check.
Anyways, you couldn't have switched from DL to Tier 1 (PSW) and I am certain the refusal is for that reason.
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Last edited by sushdmehta on Tue Oct 02, 2012 12:47 am; edited 1 time in total |
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sushdmehta
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| Posted: Tue Oct 02, 2012 12:44 am Post subject: |
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Exactly that!
Here's the most recent archive of immigration rules where 245FD is listed and explained.
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dreamfriend
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Joined: 15 Apr 2012
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| Posted: Tue Oct 02, 2012 1:26 am Post subject: |
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| sushdmehta wrote: | Exactly that!
Here's the most recent archive of immigration rules where 245FD is listed and explained. |
Thank you very much.
MY BRP card it says TYPE OF PERMIT "Leave to Remain"
If I go for appeal is there any possibility It will be successful ?
During process of appeal Am I eligible to apply for ILR ? |
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Greenie
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Joined: 21 Aug 2008
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| Posted: Tue Oct 02, 2012 7:20 am Post subject: |
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| Your appeal can't succeed under the rules because you can't switch to psw from discretionary leave. It doesn't matter that your BRP only says limited leave. You can't make a further application whilst you have an ongoing appeal. |
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dreamfriend
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| Posted: Tue Oct 02, 2012 11:33 am Post subject: |
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| Greenie wrote: | | Your appeal can't succeed under the rules because you can't switch to psw from discretionary leave. It doesn't matter that your BRP only says limited leave. You can't make a further application whilst you have an ongoing appeal. |
Thank you Greenie.
Judge comments on my Tier 4 appeal on 10 of November 2011.
" The appeal is therefore allowed on human rights grounds. I direct that the Respondent is to grant the Appellant leave to remain until 17th March 2012, subject to the terms and conditions usually imposed on student".
Is it call DL ?
I'm going to appeal but in the mean time if I withdraw my appeal and can I apply for ILR in 1st week of December ? Please give me satiation what I will do.
Thank you very much for your help. |
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z18runway
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Joined: 29 Mar 2010
Posts: 515
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| Posted: Tue Oct 02, 2012 5:42 pm Post subject: |
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| Quote: | | can I apply for ILR in 1st week of December ? |
On what basis you going to apply ILR ? |
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dreamfriend
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Posts: 87
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| Posted: Tue Oct 02, 2012 7:52 pm Post subject: |
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| z18runway wrote: | | Quote: | | can I apply for ILR in 1st week of December ? |
On what basis you going to apply ILR ? |
10 Years long residence, (December 1st week) |
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z18runway
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| Posted: Wed Oct 03, 2012 3:50 pm Post subject: |
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| dreamfriend wrote: | | z18runway wrote: | | Quote: | | can I apply for ILR in 1st week of December ? |
On what basis you going to apply ILR ? |
10 Years long residence, (December 1st week) |
when did you enter uk and upto which date you have valid visa. |
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sushdmehta
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| Posted: Thu Oct 04, 2012 12:10 am Post subject: |
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Possible option:
1. Submit an appeal within the stipulated time given.
2. If the appeal remains pending by the time you reach the 10th anniversary of your "lawful" stay in the UK, withdraw your appeal any day after that.
3. Within 28 days of confirmation of withdrawal of appeal, submit your settlement application under long residence.
Keep a copy of (appeal) withdrawal letter, proof of posting of withdrawal letter and confirmation of withdrawal of appeal in safe custody. Keep proof of posting of settlement application in safe custody.
See Time awaiting a decision on an application or appeal and Out of time applications.
What do others think?
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Life isn't fair, but you can be!
Last edited by sushdmehta on Sun Oct 21, 2012 1:31 am; edited 2 times in total |
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dreamfriend
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Joined: 15 Apr 2012
Posts: 87
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| Posted: Thu Oct 04, 2012 6:37 pm Post subject: |
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| sushdmehta wrote: | Possible option:
1. Submit an appeal within the stipulated time given.
2. If the appeal remains pending by the time you reach the 10th anniversary of your "lawful" stay in the UK, withdraw your appeal any day after that.
3. Within 28 days of confirmation of withdrawal of appeal, submit your settlement application under long residence.
Keep a copy of (appeal) withdrawal letter, proof of posting of withdrawal letter and confirmation of withdrawal of appeal in safe custody. Keep proof of posting of settlement application in safe custody.
See Time awaiting a decision on an application or appeal and Out of time applications.
What do others think? |
Thank you for your Advices. Yes I'm going to do the same thing you told.
5th of January 2012 would be 10th years Lawful residence (no single day gap or anything, stayed total 11 weeks outside UK by 4 times).
Can I push first appeal hearing date one step further ?
(to get enough time till 5th of January as I have not got visa so can't apply 28 days earlier !!, Submitting my appeal next Wednesday)
Thanks. |
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mk101
Junior Member
Joined: 11 Sep 2012
Posts: 28
Location: london
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| Posted: Fri Oct 05, 2012 10:42 am Post subject: |
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how do you know that you have discretionary leave
is it mentioned on the brp or judge's decision letter or what?
what category falls within this?
please specify
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6958
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| Posted: Fri Oct 05, 2012 10:51 am Post subject: |
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| Leave granted on the basis of article 8 before 9th July 2012 is discretionary leave. |
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dreamfriend
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Joined: 15 Apr 2012
Posts: 87
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| Posted: Fri Oct 05, 2012 10:52 am Post subject: |
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| mk101 wrote: | how do you know that you have discretionary leave
is it mentioned on the brp or judge's decision letter or what?
what category falls within this?
please specify |
MY previous Tier 4 application was refused due to "No Name and Address on statement" because I taken statement from my nearest Branch and stamped. And Judge decision was on discretionary leave which out side immigration rule. (Decision letter) |
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dreamfriend
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Joined: 15 Apr 2012
Posts: 87
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| Posted: Fri Oct 05, 2012 11:00 am Post subject: |
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@Greenie
Please can tell, How Can I push first appeal hearing date ? (I mean change the date when I will received it)
Thanks |
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mk101
Junior Member
Joined: 11 Sep 2012
Posts: 28
Location: london
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| Posted: Fri Oct 12, 2012 10:56 pm Post subject: any update |
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any update on your case u filed an appeal or not?
i am still waiting for a decision on my application
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dreamfriend
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Joined: 15 Apr 2012
Posts: 87
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| Posted: Sun Oct 14, 2012 10:14 pm Post subject: Re: any update |
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| mk101 wrote: | any update on your case u filed an appeal or not?
i am still waiting for a decision on my application |
Yes I submitted my appeal on 11th of Oct. Waiting for hearing date. |
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t070576
Junior Member
Joined: 19 Jan 2010
Posts: 31
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| Posted: Mon Oct 29, 2012 5:11 pm Post subject: A Medical Certificate |
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A Medical Certificate confirming your ill health should do the job? i guess.
Doctors are always compassionate and understanding |
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