Can I switch my status from student to PSW?

Hi, my situation is like this:

I got my MSC degree in June 2009,because I was not aware of the PSW requirements before my previous student Visa expired in September 2009, I didn't have sufficient fund in my bank account for the three month period. I went into another MSC course instead. When I applied for the student Visa extension, Home Office failed to collect the application fee from my credit card, so my application was made invalid. Then when I reapplied again to extend my student Visa, Homeoffice refused it for the reason of having insufficient fund in the bank account to cover the tuition fee (I was paying my tuition fee by 5 installments through direct debit), and states that I have no right to appeal as my application was out of date, but I can make a fresh application. I then paid the full tuition fee , and sent the receipt to home office to ask for reconsideration. I received answer last month and home office still states that I should make a fresh application. I was thinking about getting another MSC degree, but now I don't think it is any use to me.

My question is:
1, can I apply for PSW? (I got my MSC degree in June 2009)?

2, If I can, what should I do? Do I need to re-apply for the student Visa first, and when I receive the student Visa, apply for PSW?

3,Or I can apply for PSW now regradless the previous student Visa extension application?

Please can any one help?

Because your student visa has run out, the situation is a bit tricky.

Yes, you can apply for PSW but you were supposed to do that while you still had leave to remain otherwise you may have to do an out of country application.

unfair wrote:Because your student visa has run out, the situation is a bit tricky.

Yes, you can apply for PSW but you were supposed to do that while you still had leave to remain otherwise you may have to do an out of country application.

So you mean I need to apply for a student Visa first and then switch to PSW? I have been living in this country for 9 years and 4 months, if I leave the country now, I will lose the right to apply for indefinite leave to remain which is the least I want.
I wonder if there is any other option I can take rather than make an out of country application?

Could you advise please?

surely if you were that concerned about ILR then you will have noticed that your visa has expired which means that you wont be able to apply for ILR anyway as you broke immigration law by overstaying!

its very tricky situation as you dont have current leave and thats a must to make new application.

maybe someone else can give you any hope but i personally dont have any good news for you.

regards

arsenal49 wrote:surely if you were that concerned about ILR then you will have noticed that your visa has expired which means that you wont be able to apply for ILR anyway as you broke immigration law by overstaying!

its very tricky situation as you dont have current leave and thats a must to make new application.

maybe someone else can give you any hope but i personally dont have any good news for you.

regards

Ok, it seems there is no other option I can take rather than making a fresh application for a student visa extension.

I just wonder if there is any hope of applying for ILTR as although I have no current LTR, I have applied for extension before my Visa expired.

Please could any one give any suggestions?
I just

i think in your case your best option is to apply for a student visa first as it will be considered as the continuation of your previous visa which is a student visa. you should know that it doesnt matter if your visa has expired or not but as long as your case is pending with HO they will consider you to be on your last valid visa which is again a student visa in your case....in that way when you apply for ILR, you will be considered to be genuinely staying here from last xyz years.......on the other hand if you want to apply for PSW right now then it has to be an out of country application and god knows how long that could take and that will obviously kill your chances of applying for ILR later on.

regards,

amit_mahay wrote:i think in your case your best option is to apply for a student visa first as it will be considered as the continuation of your previous visa which is a student visa. you should know that it doesnt matter if your visa has expired or not but as long as your case is pending with HO they will consider you to be on your last valid visa which is again a student visa in your case....in that way when you apply for ILR, you will be considered to be genuinely staying here from last xyz years.......on the other hand if you want to apply for PSW right now then it has to be an out of country application and god knows how long that could take and that will obviously kill your chances of applying for ILR later on.

regards,

Thank you very much, I think I know what to do now. You just confirmed what I have heard from a case worker in HO.