Refused PSW Application .... 10 years ILR eligibility

My Tier 1 PSW application was refused under Paragraph 245FD of the Immigration Rules as I didn't meet the requirement at paragraph 245FD(f). UKBA gave me RIGHT OF APPEAL.

I have been awarded 95 points total.

My student visa was refused September 2011 and 10 November 2011 my appeal was granted Discretionary Leave to Remain. I successfully completed my course on March 2012 (six month course), and then applied for PSW 12 March 2012, as I graduated from another University July 2011.

(December 2012 I'm eligible for ILR application)

I don't know what I will do. I really Appreciate your help n thanks in advance.

dreamfriend wrote:My Tier 1 PSW application was refused under Paragraph 245FD of the Immigration Rules as I didn't meet the requirement at paragraph 245FD(f).

There is no such rule(s). Check the letter again.

sushdmehta wrote:

dreamfriend wrote:My Tier 1 PSW application was refused under Paragraph 245FD of the Immigration Rules as I didn't meet the requirement at paragraph 245FD(f).

There is no such rule(s).

I also did not find any rule 245FD or 245FD(f) !!! (The letter is with me) Thanks

Could be that there were, before being removed between sometime after Tier 1 (PSW) scheme closed and now. Let me check.

Anyways, you couldn't have switched from DL to Tier 1 (PSW) and I am certain the refusal is for that reason.

Exactly that!

Here's the most recent archive of immigration rules where 245FD is listed and explained.

sushdmehta wrote:Exactly that!

Here's the most recent archive of immigration rules where 245FD is listed and explained.

Thank you very much.

MY BRP card it says TYPE OF PERMIT "Leave to Remain"

If I go for appeal is there any possibility It will be successful ?
During process of appeal Am I eligible to apply for ILR ?

Your appeal can't succeed under the rules because you can't switch to psw from discretionary leave. It doesn't matter that your BRP only says limited leave. You can't make a further application whilst you have an ongoing appeal.

Greenie wrote:Your appeal can't succeed under the rules because you can't switch to psw from discretionary leave. It doesn't matter that your BRP only says limited leave. You can't make a further application whilst you have an ongoing appeal.

Thank you Greenie.

Judge comments on my Tier 4 appeal on 10 of November 2011.

" The appeal is therefore allowed on human rights grounds. I direct that the Respondent is to grant the Appellant leave to remain until 17th March 2012, subject to the terms and conditions usually imposed on student".

Is it call DL ?

I'm going to appeal but in the mean time if I withdraw my appeal and can I apply for ILR in 1st week of December ? Please give me satiation what I will do.

Thank you very much for your help.

can I apply for ILR in 1st week of December ?

On what basis you going to apply ILR ?

z18runway wrote:

can I apply for ILR in 1st week of December ?

On what basis you going to apply ILR ?

10 Years long residence, (December 1st week)

dreamfriend wrote:

z18runway wrote:

can I apply for ILR in 1st week of December ?

On what basis you going to apply ILR ?

10 Years long residence, (December 1st week)

when did you enter uk and upto which date you have valid visa.

Possible option:

1. Submit an appeal within the stipulated time given.
2. If the appeal remains pending by the time you reach the 10th anniversary of your "lawful" stay in the UK, withdraw your appeal any day after that.
3. Within 28 days of confirmation of withdrawal of appeal, submit your settlement application under long residence.

Keep a copy of (appeal) withdrawal letter, proof of posting of withdrawal letter and confirmation of withdrawal of appeal in safe custody. Keep proof of posting of settlement application in safe custody.

See Time awaiting a decision on an application or appeal and Out of time applications.

What do others think?

sushdmehta wrote:Possible option:

1. Submit an appeal within the stipulated time given.
2. If the appeal remains pending by the time you reach the 10th anniversary of your "lawful" stay in the UK, withdraw your appeal any day after that.
3. Within 28 days of confirmation of withdrawal of appeal, submit your settlement application under long residence.

Keep a copy of (appeal) withdrawal letter, proof of posting of withdrawal letter and confirmation of withdrawal of appeal in safe custody. Keep proof of posting of settlement application in safe custody.

See Time awaiting a decision on an application or appeal and Out of time applications.

What do others think?

Thank you for your Advices. Yes I'm going to do the same thing you told.
5th of January 2012 would be 10th years Lawful residence (no single day gap or anything, stayed total 11 weeks outside UK by 4 times).

Can I push first appeal hearing date one step further ?
(to get enough time till 5th of January as I have not got visa so can't apply 28 days earlier !!, Submitting my appeal next Wednesday)

Thanks.

how do you know that you have discretionary leave

is it mentioned on the brp or judge's decision letter or what?

what category falls within this?

please specify

Leave granted on the basis of article 8 before 9th July 2012 is discretionary leave.

mk101 wrote:how do you know that you have discretionary leave

is it mentioned on the brp or judge's decision letter or what?

what category falls within this?

please specify

MY previous Tier 4 application was refused due to "No Name and Address on statement" because I taken statement from my nearest Branch and stamped. And Judge decision was on discretionary leave which out side immigration rule. (Decision letter)

@Greenie

Please can tell, How Can I push first appeal hearing date ? (I mean change the date when I will received it)

Thanks

any update on your case u filed an appeal or not?
i am still waiting for a decision on my application

mk101 wrote:any update on your case u filed an appeal or not?
i am still waiting for a decision on my application

Yes I submitted my appeal on 11th of Oct. Waiting for hearing date.

A Medical Certificate confirming your ill health should do the job? i guess.
Doctors are always compassionate and understanding

t070576 wrote:A Medical Certificate confirming your ill health should do the job? i guess.
Doctors are always compassionate and understanding

Thank you. yes planning to do that. But is it just GP appointment on the same date should be sufficient ?

If you mean whether the tribunal will adjourn your hearing because you have a Gp's appointment on the day of the hearing the answer is no. If you need a hearing adjourned you need to request this in writing, and the judge needs to agree to adjourn the hearing. You can't just not turn up and provide evidence of a Gp appointment. I am not sure what illness you anticipate having that would prevent you attending the hearing?

Greenie wrote:If you mean whether the tribunal will adjourn your hearing because you have a Gp's appointment on the day of the hearing the answer is no. If you need a hearing adjourned you need to request this in writing, and the judge needs to agree to adjourn the hearing. You can't just not turn up and provide evidence of a Gp appointment. I am not sure what illness you anticipate having that would prevent you attending the hearing?

Thank you.

Well, I'm suffering very bad back pain and sometime I can't move from bed few days. I have GP prescription, It should be sufficient request with covering letter to extend the date. or what documents I need to sent, I need to extend the date at least 5th of January. My date of hearing is end of this month. Thank you.

Moving the topic to the General immigration forum, as the discussion / topic is no longer relevant to Tier 1 (PSW) application.

Tomorrow I'm submitting an application to reschedule the hearing date. Submitting a covering letter, GP Prescription, and an appointment card for physiotherapy (which is Monday 26 Nov). and copy of my passport. The actual hearing date on 29 Nov. Prescription address is different to my current address, Is there going to be any problem ?