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PSW on ACCA Fundamental Papers

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

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malik5805
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Re: Need Info

Post by malik5805 » Wed Aug 29, 2012 2:06 pm

rv wrote:Hi Guys

I apply PSW at the end of March 12 and i send biometric through post office on 15th May 12. My Visa is expiring in Oct 12. My question is that do you think that i will get appeal rights?

And does anyone think that there is any chance of winning the appeal in high court?

I am assuming here that i will get rejection i think it is a fair assumption as whatever i have seen in my friend's cases.


Thanks in Advance
RV
Brother if they take ur decision before oct then u will not any apoeal right but if they take decision after yr visa expire then they will give you appeal right... It is highly likely we all will get visa straiwat without going to appeal as someone mention in earlier posts that homeoffice will give visa all of them who applied:: One of my friend won the case on the basis of fundamental level and Judge given really good decision he also mentiooned that Home office should give money back to the guy coz he been through with that hassel:: i am not sure abt high court because you can only go for judicial review and it will cost you fortune::

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Post by Deepshithole2010 » Thu Aug 30, 2012 12:50 pm

Yeah true ...........just an advice to all the people who have applied PSW on the basis of ACCA fundamental and your leave to remain has not expired its almost impossible to overturn your refusal (most likely outcome, however views may differ) as it would mean no right to appeal only a judicial review followed by high court which would cost an applicant a fortune, therefore its best that you plan to further your studies if you intend to stay in UK, however if that's not possible start looking into other categories of immigration.

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Post by Deepshithole2010 » Thu Aug 30, 2012 2:01 pm

Hi guys I have received unconfirmed news but it looks like there maybe some light at the end of tunnel for people who have applied on the basis of ACCA fundamental level.

In one of the recent upper tribunal hearings (I'll update the case no when i get it) involving ACCA fundamental whereby home office was represented by its senior most lawyer conceded that the original policy of home office not to consider professional qualification as degree's even when legitimate comparison exists (whether ACCA, CIMA or ICAEW & various others) was unfair.

That is to say that the point that was argued was not to justify whether ACCA fundamental should be recognised as degree but the policy itself not to allow professional qualification which is deemed equal to degree was challenged. Not sure if this particular case represented by Marfat.

As a result of this judgement home office are looking to amend those policy, however the problem is since Tier 1 PSW is closed they cannot amend these policy hence they have to take measures to ensure the consequence of allowing these many people and the impact it would have on other categories of immigration. I have been given an estimate of at least another month and half wait before home office finalises its policy and start making decisions. At this stage its still not a guarantee whether home office will allow everybody and chances are application is to be scrutinised very closely before decision are made.

Some of the sources of my information are very reliable for eg I spoke to the manager at UKBA and he confirmed that UKBA is looking at all professional qualification including ACCA under a new light of information and are awaiting further instructions how to proceed with such applications which is why mine is taking so long in spite of making a complaint nearly by my MP 2 months ago.

malik5805
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Post by malik5805 » Thu Aug 30, 2012 2:24 pm

ohh that really good news but what do u mean by scrutinised?? Hope we ll get psw straigtway really dont knw whats gonna happen.. please upload the case here aswell coz that case will leave us hope ::

malik5805
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Post by malik5805 » Tue Sep 04, 2012 11:43 am

hello everyone.. anyone got reply from home office yet or nt

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Post by msk47 » Tue Sep 04, 2012 11:58 pm

malik5805 wrote:hello everyone.. anyone got reply from home office yet or nt
No mate. more than 6 and half months have gone. when you ring HO they say there is no fix time even after 6 months have passed. they didn't even tell me how far they are into processing my application, the only option they give is to withdraw your application if you need your passport and documents.

Different universities such as salford university has updates on the delays in visa processing posted on their websites which says HO said they would finish processing pending applications by the end of summer.

Really depressed.........

malik5805
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Post by malik5805 » Wed Sep 05, 2012 10:54 am

same story everywhere they are taking so long now :: i really stressed out aswell :: i dont knw why they doing this us ::

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Post by NAHID » Sun Sep 09, 2012 3:05 pm

Some information for considering pending application was discussed before and now, UKBA already made commitment that they would not change the policy and will make decision according to the rules and that will give advantage to those who will satisfy the rule on the balance of probability. that UKBA has announced and instructed to case worker.

it will also help to those thinking to go for judicial review or already pending for appeal or JR.

It good news for Tier-1 post study work migrant. please see the UKBA Update


please note with firm and honest belief God also gives reward.
Last edited by NAHID on Sun Sep 09, 2012 3:40 pm, edited 1 time in total.

Noman83
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Post by Noman83 » Sun Sep 09, 2012 3:38 pm

Greenie wrote:
I have already responded to your point about the level of your course. The fact that your course is degree level does not make it a degree. The fact that you can be issued a student visa to study a qualification at level 6 or above of the nqf does not make all such qualifications sufficient for psw. The requirement is to be awarded a UK recognised degree not that you have been awarded a qualification equivalent to a degree.


Noman83
This is not a fact as it is the interpertation of the word "equivalency" you are taking into account as there could be several literal meanings of the word this is when things get complicated and these rules are brought in front of court to interpret the law for its intended user

Moreover if you look at the rules "they are not rules they are stated as PSW POLICY GUIDANCE " what does word guidance means ?? it is only thier to
guide you whereas rules are to be adhered at all times ..


After a long time am back on this thread . Greenie i told you these words pasted above about 3 4 months ago , well we were only discussing this at that time but now i can say that i was RIGHT in saying POLICY GUIDANCE are not rules as now there is a judgement passed by HOUSE OF LORDS in ALVI Case where they have briefly described policy guidance as only a guidance which cannot be used for a REFUSAL as these guidance are not incorporated in Immigration Act 1971 and Home Office had to make urgent amendments to rectify problems but now they cant change the policy guidance as it is already closed so they have clearly stated in the new statement of changes published on 7th September to decide PSW CASES ON THE BALANCE OF PROBABILITIES whether the applicant fullfill the criteria or not

I am still interpreting this new judgement and in contact with my lawyer who has said that now my application is a straight forward as it has simplified things for caseworkers because now there is no OBLIGATION to meet policy guidance requirement as they were only requirements and the probabilities are in my favour off course

We cant still say that we will get this thing or not but obviously these things are making a lot of difference .

@Deepshithole Ukba manager i think refered you to this test case as this case challenged their system and now UkBA will have to incorporate policy guidance requirements into immigration Act 1972 before asking candidates to meet them

This is the interpertation which i took from this judgement http://www.supremecourt.gov.uk/docs/UKS ... dgment.pdf

As it is a long one i didnt read whole of it so please enlighten me if i have missed anything

Statement of changes 7 Sep

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
[/b]

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Post by Noman83 » Sun Sep 09, 2012 3:41 pm

NAHID wrote:Some information for considering pending application was discussed before and now, UKBA already made commitment that they would not change the policy and will make decision according to the rules and that will give advantage to those who will satisfy the rule on the balance of probability. that UKBA has announced and instructed to case worker.

it will also help to those thinking to go for judicial review or already pending for appeal or JR.

It good news for Tier-1 post study work migrant. please see the UKBA Update


please note with firm and honest belief God also gives reward.

It is a big breakthrough for us way to go. Thanks for your updates Nahid much appreciate that

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Post by PaperPusher » Sun Sep 09, 2012 5:45 pm

The Immigration Rules said that people had to have been awarded a degree. I don't see how the Alvi case changes anything. In fact the Immigration Rules are quoted in the caseworker guidance. See pages eight and nine.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Noman83
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Post by Noman83 » Sun Sep 09, 2012 6:01 pm

PaperPusher wrote:The Immigration Rules said that people had to have been awarded a degree. I don't see how the Alvi case changes anything. In fact the Immigration Rules are quoted in the caseworker guidance. See pages eight and nine.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You are missing a point over here . This point of degree was not in IMMIGRARTION RULES as it was in the POLICY GUIDANCE . Now the approach UKBA will take to tackle outstanding cases will be as if they were present before when the applicant applied because they have incorporated those policy requirements into the Immigration rules but they cant do this thing with PSW policy guidance because it has already closed so UKBA in their guidance to caseworkers has clearly said to evaluate the application
on the balnce of probabilities and evidence provided and make a judgement AS THEY CAN NOT USE THEY POLICY GUIDANCE REQUIREMENTS AS BASIS OF THIER REFUSALS .

Please see the UKBA statement of change and look specifically for PSW Guidance on the left hand side

For Tier 1 (Post-study work) applications you must only consider applications against the requirements set out in the rules. Applicants must demonstrate they meet the requirements of the rules. The applicant may demonstrate this by providing evidence other than that
specified in the guidance. You must consider any evidence provided with the application and
grant leave if the evidence demonstrates that, on the balance of probabilities, the requirements of the rules are met.

Considering Tier 1 (Post-study work) applications

Policy Guidance Req

Where an applicant has not provided evidence, as specified in the published policy guidance, you must review the evidence provided to identify whether there is sufficient information to qualify for a grant of leave under the route.
The evidence must demonstrate:
 That they have been awarded, either:

o a UK recognised bachelors degree, masters degree or PhD
o a UK postgraduate certificate in education, or a professional graduate diploma of education, or
o a Higher National Diploma (HND) from a Scottish institution.

 They either:
o studied for the eligible award at a UK institution that is a UK recognised or listed
body, or holds a sponsor licence under Tier 4 of the points-based system, or,
o are claiming points for having been awarded an HND at a Scottish publicly funded
institution of further or higher education, or at a Scottish bona fide private education
institution which maintains satisfactory records of enrolment and attendance.

 Their period of UK study and/or research towards their eligible award were undertaken
while they had entry clearance, leave to enter or remain in the UK that was not subject
to a restriction preventing them from undertaking a course of study and/or research.
 The date they were awarded the eligible qualification and demonstrate the application
for leave to remain as a Tier 1 (Post-study work) migrant was made within 12 months
of obtaining the eligible award or within 12 months of completing a UK foundation
programme office affiliated foundation programme as a postgraduate doctor or dentist.
If, on the balance of probabilities, you are satisfied sufficient evidence has been provided to show the applicant has met one of the above criteria, you must award the applicant 75 points under Appendix A and 10 points under Appendix B of the Immigration Rules.
If you have any concerns about whether any evidence provided should be accepted, you must discuss the application with your senior caseworker or line manager

Now these are the requirements which they cant incorporate into the Immigration Rules as it is closed so they have given the caseworkers authority to decide the cases on BALANCE OF PROBABILITIES

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Post by Noman83 » Sun Sep 09, 2012 6:03 pm


PaperPusher
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Post by PaperPusher » Sun Sep 09, 2012 6:16 pm

It was paragraph 245FD(c) and (d) of the Immigration Rules that stated that the person needed to have been awarded a degree. Appendix A was also already in the rules. The guidance cannot be incorporated into the rules because the route has closed, but it doesn't matter because ACCA is not a degree.

Look at this unreported decision:

http://www.ait.gov.uk/Public/Unreported/IA264602011.doc

Noman83
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Post by Noman83 » Sun Sep 09, 2012 6:42 pm

PaperPusher wrote:It was paragraph 245FD(c) and (d) of the Immigration Rules that stated that the person needed to have been awarded a degree. Appendix A was also already in the rules. The guidance cannot be incorporated into the rules because the route has closed, but it doesn't matter because ACCA is not a degree.

Look at this unreported decision:

http://www.ait.gov.uk/Public/Unreported/IA264602011.doc
Thank you for telling me the paragraph specifically as i was looking for this but I CANT SEE ANY OF THESE REQUIREMENTS OVER THERE . The paragraph you mentioned is under the heading of EXCEPTIONAL TALENT not PSW .

I can give you benefit of doubt because you might be simple degree holder where errors such as oversight like this can occur but WE ACCA people work to perfection and there any error can turn into a criminal offence thats why we are more than a degree holder

Believe me i had a simple degree like you but after doing ACCA its an achievement and i feel proud when people when people call me an accountant if you know what i mean :D
:D :D :D

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Post by PaperPusher » Sun Sep 09, 2012 7:03 pm

The rules have changed since you applied for PSW you know.

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Post by NAHID » Sun Sep 09, 2012 8:44 pm

Fundamental level is Bachelor degree. Degree has different level and on the balance of probability both ACCA and Fundamental level is acceptable.

the unreported case was decided based on policy so according to new case law that is unlawful decision and if the appellant can take appropriate action , he might get PSW regardless of his refusal by UTT.

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Post by PaperPusher » Sun Sep 09, 2012 8:51 pm

ACCA is not a degree, not a bachelor's degree, nor a master's degree, nor a doctorate. It is at an equivalent level to a bachelor or master's degree.

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Post by NAHID » Sun Sep 09, 2012 8:58 pm

Alvi case is the big blow in whole immigration point based system.

because you do not read newspaper or search google. All big lawyers and new paper has made comment on this and UKBA has bound to change the approaches. whatever UKBA make decision Judges will have approach to support Alvi. I know somebody who's application recently refused but its very tricky was refused but his lawyer said it will be OK.

please read 19 July newpapers in Google about Alvi. whatever you feel but its application will have different effect. Case law is there does not mean that every lawyer would be able to make a good use of it.

Alvi is like an artwork made by very experience judges in Supreme Court. and only Good lawyers would know how to use the case law. read thinktanks comments about alivi in Google.

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Post by NAHID » Sun Sep 09, 2012 9:05 pm

Paperpusher I dont know your backgrounds but I saw documents and official confirmation to my lawyer that it is UK recognised Degree and that confirmation itself is sufficient to proof the case on the balance on probability. I believe it is right what I told here if somebody dont want to believe then dont. its totally up to you but , evidence is out there to proof. plus ACCA qualification is more respectable than normal graduate from University.
I believe ACCA qualified would agree with me. because we know what we have gone through to achieve it.

malik5805
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Post by malik5805 » Sun Sep 09, 2012 9:23 pm

this is wonderful news..

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Post by malik5805 » Sun Sep 09, 2012 10:08 pm

Guys i read the whole case but how this case will help us who applied Psw on the basis of fundamental level..

Noman83
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Post by Noman83 » Sun Sep 09, 2012 10:12 pm

NAHID wrote:Paperpusher I dont know your backgrounds but I saw documents and official confirmation to my lawyer that it is UK recognised Degree and that confirmation itself is sufficient to proof the case on the balance on probability. I believe it is right what I told here if somebody dont want to believe then dont. its totally up to you but , evidence is out there to proof. plus ACCA qualification is more respectable than normal graduate from University.
I believe ACCA qualified would agree with me. because we know what we have gone through to achieve it.
Totally agreed with you on your points .

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Post by Noman83 » Sun Sep 09, 2012 10:24 pm

malik5805 wrote:Guys i read the whole case but how this case will help us who applied Psw on the basis of fundamental level..
You are missing a point over here . This point of degree was not in IMMIGRARTION RULES as it was in the POLICY GUIDANCE . Now the approach UKBA will take to tackle outstanding cases will be as if they were present before when the applicant applied because they have incorporated those policy requirements into the Immigration rules but they cant do this thing with PSW policy guidance because it has already closed so UKBA in their guidance to caseworkers has clearly said to evaluate the application
on the balnce of probabilities and evidence provided and make a judgement AS THEY CAN NOT USE THEY POLICY GUIDANCE REQUIREMENTS AS BASIS OF THIER REFUSALS .

Please see the UKBA statement of change and look specifically for PSW Guidance on the left hand side

For Tier 1 (Post-study work) applications you must only consider applications against the requirements set out in the rules. Applicants must demonstrate they meet the requirements of the rules. The applicant may demonstrate this by providing evidence other than that
specified in the guidance. You must consider any evidence provided with the application and grant leave if the evidence demonstrates that, on the balance of probabilities, the requirements of the rules are met.

Considering Tier 1 (Post-study work) applications

Policy Guidance Req

Where an applicant has not provided evidence, as specified in the published policy guidance, you must review the evidence provided to identify whether there is sufficient information to qualify for a grant of leave under the route.
The evidence must demonstrate:
 That they have been awarded, either:

o a UK recognised bachelors degree, masters degree or PhD
o a UK postgraduate certificate in education, or a professional graduate diploma of education, or
o a Higher National Diploma (HND) from a Scottish institution.

 They either:
o studied for the eligible award at a UK institution that is a UK recognised or listed
body, or holds a sponsor licence under Tier 4 of the points-based system, or,
o are claiming points for having been awarded an HND at a Scottish publicly funded
institution of further or higher education, or at a Scottish bona fide private education
institution which maintains satisfactory records of enrolment and attendance.

 Their period of UK study and/or research towards their eligible award were undertaken
while they had entry clearance, leave to enter or remain in the UK that was not subject
to a restriction preventing them from undertaking a course of study and/or research.
 The date they were awarded the eligible qualification and demonstrate the application
for leave to remain as a Tier 1 (Post-study work) migrant was made within 12 months
of obtaining the eligible award or within 12 months of completing a UK foundation
programme office affiliated foundation programme as a postgraduate doctor or dentist.
If, on the balance of probabilities, you are satisfied sufficient evidence has been provided to show the applicant has met one of the above criteria, you must award the applicant 75 points under Appendix A and 10 points under Appendix B of the Immigration Rules.
If you have any concerns about whether any evidence provided should be accepted, you must discuss the application with your senior caseworker or line manager

Now these are the requirements which they cant incorporate into the Immigration Rules as it is closed so they have given the caseworkers authority to decide the cases on BALANCE OF PROBABILITIES

malik5805
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Post by malik5805 » Sun Sep 09, 2012 10:50 pm

Noman
bro have you got any clue how long now home office will
take to decide our decision:: rang home office and its over 5 months and they saying u ll hve to wait:: my friend employer rang them aswell and they hve said to him.. coz my friend applied visa and he can work more than year.. what that mean will they take more than a year or how long

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