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legal status

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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asfa butt
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legal status

Post by asfa butt » Mon Mar 15, 2010 6:17 pm

i made tier 4 application in may 2009 for student extention which is still pending with home office now i submitted a veriation application of tier1 for psw on the base of my master degree i receive an email from case working team of tier 4 that i have to withdraw my tier4 application and send your documents to us my visa expire in may 2009 if i withdraw my tier 4 application what will be my legal status while my tier 1 application is still pending
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arsenal49
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Post by arsenal49 » Mon Mar 15, 2010 8:38 pm

yor student visa expired in my 2009????? i am confused
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asfa butt
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Post by asfa butt » Tue Mar 16, 2010 6:02 pm

yaa my student visa expired in 19th May 2009 thats y i applied for extention
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Blackwater1
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Location: London

Post by Blackwater1 » Wed Mar 17, 2010 10:11 am

It's better you withdraw the student application and apply for PSW from your home country.
On my tomb there will be...''I DIDN'T FORWARD THE TEXT TO 15 PEOPLE''
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arsenal49
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Post by arsenal49 » Wed Mar 17, 2010 12:28 pm

if you withdraw tier4 app...

u will become overstayer from may 2009...

you might be given a ban of 1 year as well for overstaying.

so, talk to your lawyers about it.

regards
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Blackwater1
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Location: London

Post by Blackwater1 » Thu Mar 18, 2010 2:15 am

Hi arsenal,
how can an applicant become an overstayer when he/she withdraws application from UKBA when no decision was taken from them??It is not the applicant's fault.Correct me if I am wrong.
On my tomb there will be...''I DIDN'T FORWARD THE TEXT TO 15 PEOPLE''
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arsenal49
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Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Thu Mar 18, 2010 10:30 am

as soon as she withdraws an application which is outstanding(like her tier 4 app), she is no longer covered by paragraph 3c.

this means that she must leave by the date printed on her visa expiry date and if she cant do that, than this counts as overstaying.

psw app wont be considered while her tier 4 is outstanding.. but as soon as she withdraws tier 4. they would class her as an overstayer with regards to psw app.

i might be missing something because this is just my personal understanding through reading laws/guidance notes on ukba site so its best if she consult a lawyer or wait other senior members to reply

regards

its not applicant's fault but HO can take as much time as they want to process app and its backed up by immigration law, hence the need of section 3c to extend applicant's permission to stay but by withdrawing an app you signal to ukba that you are no longer interested to stay here and they must retrn your app. its applicant's problem/duty to find alternative route to apply or go back home. hope you see my point
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