psw refused while appeal was outstanding.plz help me out

I applied tier 4 visa which has been refused in dec 2011 then we applied for appeal, and the appeal was dismissed under the immigration rules becoz i didnt done the academic progression and the judge allowed my appeal on human right basis becoz my kids born here thats why judge said like his kids born here so i am remitting the appeal to ukba again and they need to give fresh decision with the right of appeal, its on 8 feb 2012 so appeal was remit to ukba.
Then i passed my degree in 20 feb 2012 and i delivered to all supporting documents to my solicitor.And he applied on 19 march 2012 for psw application which is tier 1, then recently i recieved the psw application has been not accepted becuase the ukba said your appeal was outstanding so we cant accept your tier 1 psw application.My solicitor said like ukba has been done mistake becuase judge said all apeals are dismissed under immigration rules so technically we have no appeal outstanding.
anyone has same situation please let me know.and if anyone can help me with this many thanks[/b][/size]

nomilibra25 wrote:the judge allowed my appeal on human right basis becoz my kids born here

That means that the judge instrcuted UKBA to issue you leave outside the immigration rules (discretionary leave). In such case, you couldn't have applied for Tier 1 (PSW) because one is allowed to switch from discretionary leave to Tier 1 (PSW).

nomilibra25 wrote:judge said like his kids born here so i am remitting the appeal to ukba again and they need to give fresh decision with the right of appeal

That seems to suggest that the judge did not allow your appeal on human rights ground but instructed UKBA to reconsider their decision regarding your Tier 4 application given the interests of your British born children.

One statement by the judge seems to contradict his other statement, which I believe cannot be possible. So, if you have the judgement in writing, post it here (at least the conclusion) so that others can get a clear idea about the judgement passed regarding your appeal.

discretionary leave is something else btw and he doesnot fall in that category

mk101 wrote:discretionary leave is something else btw and he doesnot fall in that category

In such case, please enlighten us as to what leave is granted under human rights / articles 8?

hi ya....am also in same boat......tier 4 xetension...refused...appeal...than applied for psw ......withdrawn appeal and applied on same day for psw.....ukba didnt accept my application and refund..as appeal pending....complaint raised...,,,as appeal was withdrawn....now they says....appeal was pending when i applied......any way.....am with solicitor...hope if u r london based....tell me wat ur solicitor is saying now.....

nomilibra25 wrote:I applied tier 4 visa which has been refused in dec 2011 then we applied for appeal, and the appeal was dismissed under the immigration rules becoz i didnt done the academic progression and the judge allowed my appeal on human right basis becoz my kids born here thats why judge said like his kids born here so i am remitting the appeal to ukba again and they need to give fresh decision with the right of appeal, its on 8 feb 2012 so appeal was remit to ukba.
Then i passed my degree in 20 feb 2012 and i delivered to all supporting documents to my solicitor.And he applied on 19 march 2012 for psw application which is tier 1, then recently i recieved the psw application has been not accepted becuase the ukba said your appeal was outstanding so we cant accept your tier 1 psw application.My solicitor said like ukba has been done mistake becuase judge said all apeals are dismissed under immigration rules so technically we have no appeal outstanding.
anyone has same situation please let me know.and if anyone can help me with this many thanks[/b][/size]

dude do you stammer while you write or are you sending a telegram??
helps if you write fuller sentences

vkbairi wrote:hi ya....am also in same boat......tier 4 xetension...refused...appeal...than applied for psw ......withdrawn appeal and applied on same day for psw.....ukba didnt accept my application and refund..as appeal pending....complaint raised...,,,as appeal was withdrawn....now they says....appeal was pending when i applied......any way.....am with solicitor...hope if u r london based....tell me wat ur solicitor is saying now.....

nomilibra25 wrote:I applied tier 4 visa which has been refused in dec 2011 then we applied for appeal, and the appeal was dismissed under the immigration rules becoz i didnt done the academic progression and the judge allowed my appeal on human right basis becoz my kids born here thats why judge said like his kids born here so i am remitting the appeal to ukba again and they need to give fresh decision with the right of appeal, its on 8 feb 2012 so appeal was remit to ukba.
Then i passed my degree in 20 feb 2012 and i delivered to all supporting documents to my solicitor.And he applied on 19 march 2012 for psw application which is tier 1, then recently i recieved the psw application has been not accepted becuase the ukba said your appeal was outstanding so we cant accept your tier 1 psw application.My solicitor said like ukba has been done mistake becuase judge said all apeals are dismissed under immigration rules so technically we have no appeal outstanding.
anyone has same situation please let me know.and if anyone can help me with this many thanks[/b][/size]

my question will understand only for the guy i wrote.....r u in sa same boat......am in this forum in last 15months with same pro.......

bobobo wrote:dude do you stammer while you write or are you sending a telegram??
helps if you write fuller sentences

vkbairi wrote:hi ya....am also in same boat......tier 4 xetension...refused...appeal...than applied for psw ......withdrawn appeal and applied on same day for psw.....ukba didnt accept my application and refund..as appeal pending....complaint raised...,,,as appeal was withdrawn....now they says....appeal was pending when i applied......any way.....am with solicitor...hope if u r london based....tell me wat ur solicitor is saying now.....

nomilibra25 wrote:I applied tier 4 visa which has been refused in dec 2011 then we applied for appeal, and the appeal was dismissed under the immigration rules becoz i didnt done the academic progression and the judge allowed my appeal on human right basis becoz my kids born here thats why judge said like his kids born here so i am remitting the appeal to ukba again and they need to give fresh decision with the right of appeal, its on 8 feb 2012 so appeal was remit to ukba.
Then i passed my degree in 20 feb 2012 and i delivered to all supporting documents to my solicitor.And he applied on 19 march 2012 for psw application which is tier 1, then recently i recieved the psw application has been not accepted becuase the ukba said your appeal was outstanding so we cant accept your tier 1 psw application.My solicitor said like ukba has been done mistake becuase judge said all apeals are dismissed under immigration rules so technically we have no appeal outstanding.
anyone has same situation please let me know.and if anyone can help me with this many thanks[/b][/size]

did u recieve all ur documents back like passport etc?