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Entry clearance towards the date of award!

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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razim
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Joined: Wed Feb 08, 2012 4:09 pm

Entry clearance towards the date of award!

Post by razim » Wed Feb 08, 2012 4:22 pm

Hi everyone. Got a problem, I was studying at uni doing my masters, but i couldnt finish so I just obtained PG diploma. I applied for PSW with my PG diploma and was refused with no right to appeal, then I hired solicitors, who told me to re apply again for PSW and in case of refusal they would appeal. I was refused again, and then I appealed, and they refused my appeal. By that time september had come, and solicitors offered me to appeal in the court, but with no guarantee. Instead, I decided to finish my masters, so I took two modules which I needed to finish, and successfully finished them in january next year. At the same time I finished my contacts with solicitors and as the result, they stopped any activity regarding my immigration status. I finally got my masters degree and left the country. Now I want to apply for post study visa, but there is 20 points for section entry clearance towards the date award, so they basically saying I should have had visa during my whole period of study. Does it mean no? I cant apply for post study visa now? thanks

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Feb 08, 2012 4:37 pm

when you made your second application was this in time? (i.e. before your student visa expired)? Am I correct in thinking that after the appeal was dismissed the solicitors offered to appeal further but instead you chose to not do this and try to complete your masters?

razim
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Posts: 8
Joined: Wed Feb 08, 2012 4:09 pm

Post by razim » Wed Feb 08, 2012 4:49 pm

Greenie wrote:when you made your second application was this in time? (i.e. before your student visa expired)? Am I correct in thinking that after the appeal was dismissed the solicitors offered to appeal further but instead you chose to not do this and try to complete your masters?
When I applied first time my visa was expired, when I hired solicitors, first thing they offered me is to finish my masters and apply again for student visa. I refused, then they said I need to obtain a couple of documents and they would help me, so we applied again, i.e. fresh application form, got refused, appeal refused as well, I realised the court would do the same, so decided to finish, but didnt apply for student visa in order to continue my study, just paid for my modules, and continued to study

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Feb 08, 2012 4:51 pm

you would not usually get a right of appeal unless you had made an in time application. When did you make each application and when did your leave expire?

razim
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Joined: Wed Feb 08, 2012 4:09 pm

Post by razim » Wed Feb 08, 2012 4:55 pm

Greenie wrote:you would not usually get a right of appeal unless you had made an in time application. When did you make each application and when did your leave expire?
you right, as first time when I applied for PSW with my PG diploma, they refused with no right to appeal, they told me to leave the country immediately, my next move, I hired solicitors, they offered me few options, finish my masters, apply again for PSW (they told they could prove that even with PG diploma they would get PSW), so i chose second, all this time I had no visa as it was expired.

razim
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Posts: 8
Joined: Wed Feb 08, 2012 4:09 pm

Post by razim » Wed Feb 08, 2012 4:56 pm

razim wrote:
Greenie wrote:you would not usually get a right of appeal unless you had made an in time application. When did you make each application and when did your leave expire?
you right, as first time when I applied for PSW with my PG diploma, they refused with no right to appeal, they told me to leave the country immediately, my next move, I hired solicitors, they offered me few options, finish my masters, apply again for PSW (they told they could prove that even with PG diploma they would get PSW), so i chose second, all this time I had no visa as it was expired.
31.01.10 visa expires, before I am applying for PSW, on 12 february 2010 they returning my documents with refusal.

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Feb 08, 2012 5:28 pm

It appears that you overstayed from 31-01-2010 until you left the country. You are likely to be refused as UKBA may say that you do not score the points required in the 3rd row of table 10 of Appendix A you are also likely to be subject to an automatic ban under 320(7B) due to the fact that you overstayed for more than 28 days.

razim
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Posts: 8
Joined: Wed Feb 08, 2012 4:09 pm

Post by razim » Wed Feb 08, 2012 5:35 pm

Greenie wrote:It appears that you overstayed from 31-01-2010 until you left the country. You are likely to be refused as UKBA may say that you do not score the points required in the 3rd row of table 10 of Appendix A you are also likely to be subject to an automatic ban under 320(7B) due to the fact that you overstayed for more than 28 days.
thanks, I knew that, just wanted to make sure.

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