PSW on ACCA Fundamental Papers

hassan5805 · Post by **hassan5805** » Sun Dec 23, 2012 10:27 pm

. But hope for good hope ACCA student wins JR on the the hearing date is 17rh April..

PaperPusher · Post by **PaperPusher** » Sun Dec 23, 2012 10:28 pm

Greenie wrote:ACCA is not a recognised body, as defined in UK law not just immigration law

A recognised body is one that has been granted degree awarding powers by Royal Charter or Act of Parliament. The fact that for one category of the rules, UKBA accepted vocational/professional qualifications of equivalent level to academic qualifications as scoring the necessary points under the qualification category does not mean it is therefore obliged to do so for another competely separate category in particular when it specifically set out which qualifications were accepted and made no provision for vocational/professional qualifications of an equivalent level to qualify. The rules for PSW were specifically drafted to restrict eligbility to those who had been awarded specific qualifications as set out in the rules, presumably to limit the numbers who were able to qualify for an otherwise simple category (as opposed to tier 1 general which also required applicants to score points in other areas such as previous earnings).

The fact that (and I assume you are talking about tier 1 general and not HSMP but the argument remains the same), for Tier 1 General it was specifically set out in the Appendix that vocational/professional qualifications of equivalent level were accepted, but in PSW it did not, actually disproves your point, I do hope that you are not paying your barrister to make such a poor and misguided argument.

Where is the "banging head against a brick wall" emoticon?

PaperPusher · Post by **PaperPusher** » Sun Dec 23, 2012 10:31 pm

hassan5805 wrote:Greenie i wasnt agree with you before coz a lot people were getting visas on the basis of fundamental level but now days UKBa scrutinising the all the appeals and sending lawyers too i think a lot people have been victamised of these forums.. But hope for good hope ACCA student wins JR on the the hearing date is 17rh April..

Some people (me for one) have been saying all along that ACCA qualifications do not appear to meet the rules. If anyone is the victim of anything it appears to be wishful thinking.

hassan5805 · Post by **hassan5805** » Sun Dec 23, 2012 10:59 pm

PaperPusher wrote:
hassan5805 wrote:Greenie i wasnt agree with you before coz a lot people were getting visas on the basis of fundamental level but now days UKBa scrutinising the all the appeals and sending lawyers too i think a lot people have been victamised of these forums.. But hope for good hope ACCA student wins JR on the the hearing date is 17rh April..
Some people (me for one) have been saying all along that ACCA qualifications do not appear to meet the rules. If anyone is the victim of anything it appears to be wishful thinking.

well tht was thier choice but its fact that a lot acca student got psw on the basis of fundamental level i dnt knw y u nt convincing if i won my appeal then i will upload here for prove.. loads of my friends won thier cases wholly basis on acca..,

Greenie · Post by **Greenie** » Sun Dec 23, 2012 11:42 pm

PaperPusher wrote:
Greenie wrote:ACCA is not a recognised body, as defined in UK law not just immigration law

A recognised body is one that has been granted degree awarding powers by Royal Charter or Act of Parliament. The fact that for one category of the rules, UKBA accepted vocational/professional qualifications of equivalent level to academic qualifications as scoring the necessary points under the qualification category does not mean it is therefore obliged to do so for another competely separate category in particular when it specifically set out which qualifications were accepted and made no provision for vocational/professional qualifications of an equivalent level to qualify. The rules for PSW were specifically drafted to restrict eligbility to those who had been awarded specific qualifications as set out in the rules, presumably to limit the numbers who were able to qualify for an otherwise simple category (as opposed to tier 1 general which also required applicants to score points in other areas such as previous earnings).

The fact that (and I assume you are talking about tier 1 general and not HSMP but the argument remains the same), for Tier 1 General it was specifically set out in the Appendix that vocational/professional qualifications of equivalent level were accepted, but in PSW it did not, actually disproves your point, I do hope that you are not paying your barrister to make such a poor and misguided argument.
Where is the "banging head against a brick wall" emoticon?

Borrowed from another thread...

ssunny1985 · Post by **ssunny1985** » Mon Dec 24, 2012 3:14 pm

hassan5805 wrote:
PaperPusher wrote:
hassan5805 wrote:Greenie i wasnt agree with you before coz a lot people were getting visas on the basis of fundamental level but now days UKBa scrutinising the all the appeals and sending lawyers too i think a lot people have been victamised of these forums.. But hope for good hope ACCA student wins JR on the the hearing date is 17rh April..
Some people (me for one) have been saying all along that ACCA qualifications do not appear to meet the rules. If anyone is the victim of anything it appears to be wishful thinking.
well tht was thier choice but its fact that a lot acca student got psw on the basis of fundamental level i dnt knw y u nt convincing if i won my appeal then i will upload here for prove.. loads of my friends won thier cases wholly basis on acca..,

Hassan are you going for JR. This law is bullshit and not based on fairness which border agency has made it. Professional students should get a right for PSW. Now border agency is going for Upper tribunal against those students who win their cases in lower courts. why before border agency did not think to go for it. Why border agency did not try to make their position clear. I have a lots of friends who win their cases in lower courts and living in UK on PSW visa.

hassan5805 · Post by **hassan5805** » Mon Dec 24, 2012 5:15 pm

ssunny1985 wrote:
hassan5805 wrote:
PaperPusher wrote:
hassan5805 wrote:Greenie i wasnt agree with you before coz a lot people were getting visas on the basis of fundamental level but now days UKBa scrutinising the all the appeals and sending lawyers too i think a lot people have been victamised of these forums.. But hope for good hope ACCA student wins JR on the the hearing date is 17rh April..
Some people (me for one) have been saying all along that ACCA qualifications do not appear to meet the rules. If anyone is the victim of anything it appears to be wishful thinking.
well tht was thier choice but its fact that a lot acca student got psw on the basis of fundamental level i dnt knw y u nt convincing if i won my appeal then i will upload here for prove.. loads of my friends won thier cases wholly basis on acca..,

Hassan are you going for JR. This law is bullshit and not based on fairness which border agency has made it. Professional students should get a right for PSW. Now border agency is going for Upper tribunal against those students who win their cases in lower courts. why before border agency did not think to go for it. Why border agency did not try to make their position clear. I have a lots of friends who win their cases in lower courts and living in UK on PSW visa.

you are ryte no fairness at all sme of all my friends are on psw but thts shocking that they are taking them in the upper court but we all hve to wait and see coz i m really hoping thst we win JR no i am going for lower court appeal which is nxt year..

NAHID · Post by **NAHID** » Mon Dec 24, 2012 10:26 pm

JR submission 1800 is little too much, however its not barrister's job rather solicitors are enable to carry out such work. question is Do they know what they are doing and Admin court would not accept further JR until Mid april 2012 because test case will be heard on mid april 2013.
Good luck in your JR and wish you safe outcome.

ACCA qualification are acceptable for Tier-1 Post study work Migrant and meet Appendix A. because its qualifications are recognised
Some people would not be agree with me but believe me some people with their cases even from upper tribunal and UKBA's challenge did not work at the end.

smehmood · Post by **smehmood** » Wed Dec 26, 2012 5:49 pm

One of my client had refusal on ACCA qualification.

We made an oral appeal on grounds of 2 previous cases where the students were granted PSW on ACCA qualification and a error in law made by UKBA. as my client was served with removal instruction with refusal letter which violation of Section 43 C of immigration act.

Judge has allowed the appeal but only Extant to Removal letter is not accordance with law.
we are going to appeal against the 1st Tribunel Decision.
Regards

PaperPusher · Post by **PaperPusher** » Wed Dec 26, 2012 7:15 pm

smehmood wrote:One of my client had refusal on ACCA qualification.

We made an oral appeal on grounds of 2 previous cases where the students were granted PSW on ACCA qualification and a error in law made by UKBA. as my client was served with removal instruction with refusal letter which violation of Section 43 C of immigration act.

Judge has allowed the appeal but only Extant to Removal letter is not accordance with law.
we are going to appeal against the 1st Tribunel Decision.
Regards

On what basis are you going to appeal?

ssunny1985 · Post by **ssunny1985** » Wed Dec 26, 2012 9:45 pm

NAHID wrote:JR submission 1800 is little too much, however its not barrister's job rather solicitors are enable to carry out such work. question is Do they know what they are doing and Admin court would not accept further JR until Mid april 2012 because test case will be heard on mid april 2013.
Good luck in your JR and wish you safe outcome.

ACCA qualification are acceptable for Tier-1 Post study work Migrant and meet Appendix A. because its qualifications are recognised
Some people would not be agree with me but believe me some people with their cases even from upper tribunal and UKBA's challenge did not work at the end.

Nahid court cant implement one case decision on all the cases. Because every case ground is different than the other. May be some cases ground is similar and they would be able to implement decision on these cases. I know that my cost is too much for JR. Lawyer can make grounds but these grounds forward to border agency with the name of the person who prepare grounds. And lawyer is not the right person to defend cases in upper court. IF your grounds prepared by barrister then it will show your seriousness.And if April case is the test case who is going to fight that case. Who is going to defend all ACCA students.

NAHID · Post by **NAHID** » Wed Dec 26, 2012 10:54 pm

I sincerely wish all ACCA student get their psw (those who applied) and also looking forward to see who is going to represent that case. I am keeping update about this matter for my own concern. I wish you luck and believe you probably got very good lawyer in your side. I believe Good things never cheap and its always expensive because its good.

I support your effort and keep us update about this matter, and your act might help others.

hassan5805 · Post by **hassan5805** » Wed Dec 26, 2012 11:36 pm

i know one thing inshalla all of us will get PSW.. all we we hve to do just keep fighting and belief on Allah Swt and Allah swt makes easy for us.. There should be fairness if sme people got psw on basis of acca why nt we tht keep faith and think positive .. and both of you please keep us update thsnks..

zamanam · Post by **zamanam** » Sat Dec 29, 2012 12:44 am

Hi all,

I am also a victim of ACCA-PSW case.

I have applied for psw on the basis of acca fundamental level, my application got refused but i appealed and won the appeal .

Now ukba challenged the decision - can anyone in the same situation you please either share your decision or your lawyer number as i 'm very stressed.

thanks

A

sadstory2012 · Post by **sadstory2012** » Sat Dec 29, 2012 8:51 am

hi sorry to hear that, wt i cnt understand is if HO didnt challenge in your appeal, why they going to challenge in Upper Tribunal? So this means whoever got visa in Tier1 Tribunal going to loose their visa in Upper Tribunal?

zamanam · Post by **zamanam** » Sat Dec 29, 2012 10:55 am

HI

Thanks - I didn't get visa. I applied for PSW in Mar 12, UKBA refused my application in Sep 12 but I appealed on my own against that and won that as judge at FTT allowed appeal on 14th Dec12 but then UKBA challenged the decision on 19th Dec. However, due to holidays up till now I haven't received the post but I called FTT court and they told me UKBA did challenge the appeal and case is going to UTT - I don't know how long is the process? If now I can represent myself or not?

Are you aware of any lawyer who is good and can help me and anyone knows how long it will take?

How bad for ACCA students?

sadstory2012 · Post by **sadstory2012** » Sat Dec 29, 2012 11:09 am

hi, sorry I dont know any lwayer as I processed my case my own aswell. My appeal dismissed in FTT and I 've request permission for UT and waiting for FTT for that request. I have give up and Im going to withdraw my request. Because my case lack of funds for 2,3 days. ... I dont think even UTT will be positive .... pls check PSW Waiting Group in FB, those guys have solicitor contacts i guess.

zamanam · Post by **zamanam** » Sat Dec 29, 2012 11:41 am

HI That's bad - don't withdraw now once you have applied - sometimes things work!! Don't worry and have faith!! Whatever will happen we will see!!!

hassan5805 · Post by **hassan5805** » Sat Dec 29, 2012 4:11 pm

ohhh yah you ryte keep faith and fighting and you will be succeed at the end..

sadstory2012 · Post by **sadstory2012** » Mon Dec 31, 2012 9:31 am

So whats happening with the guys who won their appeal (with result waiting)? is it assured or does HO challenge for their visa?

hassan5805 · Post by **hassan5805** » Mon Dec 31, 2012 11:17 am

no its nt assured but in some cases HO take them to the upper court

sadstory2012 · Post by **sadstory2012** » Mon Dec 31, 2012 1:25 pm

sorry for asking too many questions. I'm trying to map those cases to make a decision for my situation. does anybody loose the visa (granted IN FTT) in Upper Tribunal with HO challenge recently?

Greenie · Post by **Greenie** » Mon Dec 31, 2012 1:48 pm

The tribunal do not grant visas (or indeed residence permits) if an appeal is allowed by the first tier tribunal but this is overturned by the Upper tier then the leave is never granted.

hassan5805 · Post by **hassan5805** » Mon Dec 31, 2012 5:03 pm

Greenie wrote:The tribunal do not grant visas (or indeed residence permits) if an appeal is allowed by the first tier tribunal but this is overturned by the Upper tier then the leave is never granted.

i think after UPP can go to JR isnt???

ssunny1985 · Post by **ssunny1985** » Mon Jan 07, 2013 12:30 am

hassan5805 wrote:
Greenie wrote:The tribunal do not grant visas (or indeed residence permits) if an appeal is allowed by the first tier tribunal but this is overturned by the Upper tier then the leave is never granted.
i think after UPP can go to JR isnt???

Inshallah We will win the case in upper tribunal. I have some positive response from my barrister. In these kind of situations courts will go with students inshallah.

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