OUT OF TIME VISA APPLICATION WORKED - MIRACLES HAPPEN

Hi,

Miracles happen. Today I received my new PSW visa for 2 years while I was awaiting to hear from the High court in connection my previous psw visa application appeal.

Summary:
1- PSw application 02/2009
2- Visa Refusal 03/2009
3 - ATM appeal 05/2009
4 - ATM appeal refusal 06/2009
5- ATM application for reconsideration 06/2009
6- Reconsideration refusal 07/2009
7- High court appeal application 08/2009
8- Out of time ps1 application while appeal was at the high court 09/2009
9- Got my visa today 11/2009

I would particularly like to thank Vinata for his guidance. Finally I will be able to get some sleep and go back home to see my people.

All the best.

Alexis

Congratulations!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I have also recently got my visa through the appeal service.

So, enjoy your new life now!

Please how did you argue your case as my reconsideration hearing is on Monday. I was refused based on maintenance points. I won the appeal but the HO asked for reconsideration saying it s not accordance with the law. Please can you help

Please tell me if this was your initial application for PSW. I am told that IGS applicants can not re-submit their application if it has expired. I am appealing my transitional visa refusal.

bvc07znu wrote:Please how did you argue your case as my reconsideration hearing is on Monday. I was refused based on maintenance points. I won the appeal but the HO asked for reconsideration saying it s not accordance with the law. Please can you help

I wouldn't know how to guide you here as all my AIT appeals failed. I'd suggest you to keep appealing until the end and submmit a fresh application while your appeal is in high court.

mistiq wrote:Please tell me if this was your initial application for PSW. I am told that IGS applicants can not re-submit their application if it has expired. I am appealing my transitional visa refusal.

My initial application was tier 1 post study work. Am not much informed about IGS applications however I'd suggest you to keep appealing until the end and to hire a solicitor as I did.

alexis2000 wrote:

mistiq wrote:Please tell me if this was your initial application for PSW. I am told that IGS applicants can not re-submit their application if it has expired. I am appealing my transitional visa refusal.

My initial application was tier 1 post study work. Am not much informed about IGS applications however I'd suggest you to keep appealing until the end and to hire a solicitor as I did.

congrats to u..can u tem me how long it took 4 ur out of time application i mean how many weeks..i m in same thing.

Summary:
1- PSw application 03/2009
2- Visa Refusal 05/2009
3 - ATM appeal 06/2009
4 - ATM appeal refusal 07/2009
5- ATM application for reconsideration 08/2009
6- Reconsideration refusal 09/2009
7- court of appeal application 09/2009
8- Out of time ps1 in person application by solicitor.
9- PEO refused to accept application and asked to post it.
Can any body guide me what should i do , as my solicitor withdraw my appeal from AIT and PEO asked him to send it by post, but if i post it i be overstay and i dont know how long it will take?
I would be much grateful vinata and alexis2000 if they come out with any solution as im v much distressed.
Kind Regards
Rashid Ali

sunnychoco wrote:

alexis2000 wrote:

mistiq wrote:Please tell me if this was your initial application for PSW. I am told that IGS applicants can not re-submit their application if it has expired. I am appealing my transitional visa refusal.

My initial application was tier 1 post study work. Am not much informed about IGS applications however I'd suggest you to keep appealing until the end and to hire a solicitor as I did.

congrats to u..can u tem me how long it took 4 ur out of time application i mean how many weeks..i m in same thing.

8 weeks

Rashid Ali wrote:Summary:
1- PSw application 03/2009
2- Visa Refusal 05/2009
3 - ATM appeal 06/2009
4 - ATM appeal refusal 07/2009
5- ATM application for reconsideration 08/2009
6- Reconsideration refusal 09/2009
7- court of appeal application 09/2009
8- Out of time ps1 in person application by solicitor.
9- PEO refused to accept application and asked to post it.
Can any body guide me what should i do , as my solicitor withdraw my appeal from AIT and PEO asked him to send it by post, but if i post it i be overstay and i dont know how long it will take?
I would be much grateful vinata and alexis2000 if they come out with any solution as im v much distressed.
Kind Regards
Rashid Ali

Isn't court of appeal the stage that follows the high court appeal??? Looks like you skipped one stage there.... Also your solicitor didn't have to withdraw your appeal in order to submit a new application to the HO as you have been left without any valid temporal visa ( C3) that was a bad move dude...

My solicitor was very confident and he told me that he has done many cases like this before and if i didnt withdraw my appeal my fresh application would b invalid as HO will refuse to accept fresh application as one appeal is already pending and i shud wait for their decision.

Rashid Ali wrote:My solicitor was very confident and he told me that he has done many cases like this before and if i didnt withdraw my appeal my fresh application would b invalid as HO will refuse to accept fresh application as one appeal is already pending and i shud wait for their decision.

Hi Rashid this should help you i think..
First of all your appeal process is over as your reconsideration is over..you are not in appeal process with AIT anymore..OK.Secondly when you put out of time application you can be in appeal process on the form it clearly says..about any appeal to be heard it does not ask you about being in any appeal process..After AIT you are in court and not in any appeal to be heard by AIT as required in application form..Lastly,during dis all process under immigration rules i dnt exactly remember article but i think it it is 3C or D your current leave continues...To make out of time application you need to mention your current process probably on seprate letter to the caseworker.Ask your lawer about dis as many lawers out dere are demselves not sure about PBS..Also i got dis information by calling Home Office every single day for atleast 3 weeks.Also Some of the information is mentioned in caseworking directions on the website but it is scattered.I work in Local Goverment and the laws in dis country overrule on other in a lot of ways..The same is wid HO...Much depends on individual cases.

Thnx for answering in such depth, I'm grateful, I just wanna ask, if I apply for out of time application,
1: Do HO acknowleges out of time application?
2: If they acnkowlege it, it means they have accepted our application and HO wont consider me over stayer if they take long time to decide and our appeal been declined by respective court.
3: If I have read your reply about in person out of time application i might have saved my money and sent it by post but i lost time and money.
4: I applied for permission to appeal to AIT but it was refused and now i been given right which says, " if you have been refused permission to appeal and you wish to apply to the court of appeal for permission to appeal, you MUST now file and Appelant's Notice with the Civil Appeals Office of the Court of Appeal( Civil Procedure Rules Practice Direction 52 para 21.7(3). I think it will lead me towards High Court......(I'm not sure)
5: Any suggestion should i avail this time period to avail out of time application ( if High Court Appeal takes more than 2 months ) as I have already lost money in premium service out of time application OR I should go back and apply from my home country ?
Kind Regards

Guys...I have a similar situation.....

My gf just got rejected for her Tier 4 application. She has been here on a previous student visa to study but was applying for new tier 4 to study masters at a new institution...got rejected for maintenance

Well she only showed enough for £1600 (2 months maintenance) because the T4 guidance states that if you have studied a UK course at least 6mths finishing within last 4mths you only need to show 2mths maintenance instead of full £7200.

Visa was rejected because she didnt provide evidence of having completed a course in the UK.

Now 1) we read through the T4 guidance and where it states you can show lower maintenance if you have studied, it makes no mention of providing evidence of these studies if not required in the Visa letter (but is quite clear about other evidence needed which she provided)
2) Her Uni (which is approved) told her she did not need to provide evidence of having completed past course because the HO themselves had given her a previous visa running to Oct 09. i.e. they themselves would have on record that they had approved her to stay for a course finishing within 4months of the new T4 visa application.

Anyway....now it has been rejected because she didnt provide that evidence and so should have shown £7200....

So she now has put £7200 in her account and has got evidence from previous course to show she completed her studies in Sept 09. Meaning if she had applied today she would have been granted visa....She also has a letter from her uni saying they advised her that she didnt need evidence of her previous course as it was not a Visa letter requirement and the HO should have their records showing they granted her a previous student visa to oct09

So she has 10days to appeal or apparently she can make an "out of time" application i.e. new application as her leave expired on 31 Oct

Does anyone have any advice whether

1) It is better to appeal or make a new application? would you not need to explain why you are making an "out of time" application anyway if reapplying?
2) How expensive is it to appeal? Are paper appeals successful...i.e. if we provide new bank statements showing £7200 and the evidence of previous studies or is it better to have a hearing?
3) Can you appeal and re-apply "out of time" at the same time?
4) are you even allowed to reapply whilst you still have the option of making an appeal


Really appreciate any advice on this

Hope you will be fine and enjoying good health.
I did MBA from bradford university school of management. there is 75points for tier 1 general highly skilled worker.
I applied for this on 5th of june, 2009. they refused my application that my funds were not up to date while i provided full bank statements.
my appleal was on 2nd of november 2009 which has been adjounded to march 8, 2010.
my mother is severely ill in pakistan. i can not wait. can i submit fresh application while my leave to remain has been expired and my appeal is pending.
i would be really grateful to you if you reply me and guide me. please can you give me alexis email.

Hi Alexis,
Congrts on getting ur visa.. i know how releived u must be.. im in a similar possition at the moment..very stressed out..
I have file an appeal throught a solicitor.. as you r saying ur appeal got rejected.. im kind of very scared now coz i spend quite a lot of money by getting a solicitor..
I was wondering how much more do i need to spend if a had to appeal again in the High court..

P.S note that i was refused PSW visa on mantainance of funds.

Ur advice would be much appreciated.

Thank you.

I didn't spend much money as my case was led by IAS which is partly funded by the government. If you can prove having a relatively low income they charge you almost nothing. Just keep appealing and while your case is at the high court submit a new application meeting all the requirement. In the end is down the HO case worker's discretionary to aprove your new application.

vikz2911 wrote:Hi Alexis,
Congrts on getting ur visa.. i know how releived u must be.. im in a similar possition at the moment..very stressed out..
I have file an appeal throught a solicitor.. as you r saying ur appeal got rejected.. im kind of very scared now coz i spend quite a lot of money by getting a solicitor..
I was wondering how much more do i need to spend if a had to appeal again in the High court..

P.S note that i was refused PSW visa on mantainance of funds.

Ur advice would be much appreciated.

Thank you.

If you have given the right to appeal you are not an over stayer but you've been given a 3C status extenting your stay until the outcome of your appeal is announced therefore technicly you can submit a new application to HO. Like I said before in the end is down to the HO case worker's discretionary. Make sure you attach a good covering letter explaining your situation. Get a letter from you local MP too to reinforce your new application

Muammad MUNIR wrote:Hope you will be fine and enjoying good health.
I did MBA from bradford university school of management. there is 75points for tier 1 general highly skilled worker.
I applied for this on 5th of june, 2009. they refused my application that my funds were not up to date while i provided full bank statements.
my appleal was on 2nd of november 2009 which has been adjounded to march 8, 2010.
my mother is severely ill in pakistan. i can not wait. can i submit fresh application while my leave to remain has been expired and my appeal is pending.
i would be really grateful to you if you reply me and guide me. please can you give me alexis email.

hi alex my appeal is also under consideration in higher tribunal. can i also apply out of time fresh application or i should wait for my appeal in high court and then apply without withdrawing the appeal? bit confused.. n not sure whthr HO will accept the out of time application as it is pure gamble..

Miracles happen. Today I received my new PSW visa for 2 years while I was awaiting to hear from the High court in connection my previous psw visa application appeal.

Summary:
1- PSw application 02/2009
2- Visa Refusal 03/2009
3 - ATM appeal 05/2009
4 - ATM appeal refusal 06/2009
5- ATM application for reconsideration 06/2009
6- Reconsideration refusal 07/2009
7- High court appeal application 08/2009
8- Out of time ps1 application while appeal was at the high court 09/2009
9- Got my visa today 11/2009

I would particularly like to thank Vinata for his guidance. Finally I will be able to get some sleep and go back home to see my people.

All the best.

Alexis[/quote]

yeap

I can confirm that your Msc project has been marked and recieved a pass.
This is to certify that (name) submitted a project which has been marked as a pass by the examiners. At the Msc award board in May 2012 (Name) will therefore be recommended for the award of M.Sc in Brewing and distilling from Heriot Watt University. The student was informed of this by email on the 28th Feb 2012. This is a postgraduate qualification, above the level of a Uk bachelor's degree. Heriot Watt University is a recognised degree awarding body.

As the visa is closing down in April 6th, I have no other alternative but to apply with this letter. I have maintained 2800pounds and applying from India. Is there anyway I can make it through?

Please help me out.

Duplicate Post..

By the way one of the people I knew was refused his PSW with right to appeal becuase the letter he submitted did not clearly say the qualification was awarded (it said something that the examination board would decide) on xxxxx. He however had time on his hands and I reckon madea new application with the degree a couple of weeks later. However this may not be the case with you as you clearly do not qualify and by the time you will get the results PSW would be long gone.

If you want to gamble and apply do so, but there is a chance you will loose a hefty sum of money without the Visa being granted...Its up to you what you want to do

envisageamit0024 wrote:I can confirm that your Msc project has been marked and recieved a pass.
This is to certify that (name) submitted a project which has been marked as a pass by the examiners. At the Msc award board in May 2012 (Name) will therefore be recommended for the award of M.Sc in Brewing and distilling from Heriot Watt University. The student was informed of this by email on the 28th Feb 2012. This is a postgraduate qualification, above the level of a Uk bachelor's degree. Heriot Watt University is a recognised degree awarding body.

As the visa is closing down in April 6th, I have no other alternative but to apply with this letter. I have maintained 2800pounds and applying from India. Is there anyway I can make it through?

Please help me out.