Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

PSW appeal - Need advice

Only for UK Tier 1 (Post-Study Work) points system

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Summer Tjan
Newly Registered
Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

PSW appeal - Need advice

Post by Summer Tjan » Sun Sep 30, 2012 11:25 pm

Hi all,

My psw has been rejected on 25 Sept with the ground:
- my UOW result out on 14 May which pass the deadline of application, and
- due to the first section not manage to get 75 points, my english proficiency also being considered fail.

I plan to appeal because my application was actually based on my acca result (fundamental and professional) with Naric letter and ACCA equivalent letter to support. I just supplement my application with my MBA from UOW which still pending result as of 5 April.

Thus my question is it possible to appeal saying that i was being considered on a wrong basis of qualification?

Kindly give me all your kind opinion and suggestion.

Thank you so much.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Sun Sep 30, 2012 11:43 pm

You would need the MBA to qualify for PSW; the ACCA itself is not sufficient as that is merely a professional qualification and not covered by PSW. You did not have the MBA at the time you applied so have been refused on that basis.

Summer Tjan
Newly Registered
Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Mon Oct 01, 2012 12:04 am

Thanks for reply Lucapooka ...

I actually using my acca due to my school (lsbf as course provider of uow) did not manage to give me the result on time as promised. Eventhough i have submitted my dissertation on time as requested. Can I use this as ground to appeal? Thanks again :).

entreprenuer11
- thin ice -
Posts: 144
Joined: Fri Sep 21, 2012 11:26 am

Post by entreprenuer11 » Mon Oct 01, 2012 11:52 am

Summer Tjan wrote:Thanks for reply Lucapooka ...

I actually using my acca due to my school (lsbf as course provider of uow) did not manage to give me the result on time as promised. Eventhough i have submitted my dissertation on time as requested. Can I use this as ground to appeal? Thanks again :).
Your PSW can only be granted on basis of MBA. Although your case is weak but there are still chances of winning appeal as few others have previously won on similar refusals. As UKBA initially accepted your application with the documents you submitted and decided to process it, it bound them to allow you to send additional documents. Contact a good solicitor and he will make grounds of appeal.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Mon Oct 01, 2012 4:01 pm

You seem to have said the the MBA was awarded in May so this is well past the PSW deadline. The fact that you have it now is not relevant as it did not exist when you applied. That would be post-decision evidence and not something that can generally (yes, exceptions are not unheard of) be considered on appeal.

malik5805
BANNED
Posts: 120
Joined: Sat Jun 25, 2011 10:38 pm

Post by malik5805 » Mon Oct 01, 2012 4:17 pm

I would suggest you to do appeal on the basis of ACca because if you visit different forums a lot people won their appeal on the basis of acca .. You need to give argument on the basis that acca is Equal to uk bachelor degree as per Letter by Uknaric.. Recently my friend won his appeal and hes only done fundamental level.. you will get but do not mention yr MBA coz you did get MBA after the route has been closed., and visit different forum and you ll knw a lot ppl applied and got psw on basis of acca.. And please Try to get as many as winning cases..

Summer Tjan
Newly Registered
Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Wed Oct 03, 2012 11:45 am

Thanks you all for all suggestions and comments :).

I have instructed a lawyer to help me, he also suggested to use acca as basis of appeal, just ignore the mba because it is clearly out of psw scope. Finger crossed it works.

@Malik: may I know who is your friend who win the case? Thanks lots :).

malik5805
BANNED
Posts: 120
Joined: Sat Jun 25, 2011 10:38 pm

Post by malik5805 » Wed Oct 03, 2012 6:24 pm

Summer Tjan wrote:Thanks you all for all suggestions and comments :).

I have instructed a lawyer to help me, he also suggested to use acca as basis of appeal, just ignore the mba because it is clearly out of psw scope. Finger crossed it works.

@Malik: may I know who is your friend who win the case? Thanks lots :).
i hve filed my aswell.. Hes my close friend and i got copy of his dertim aswell:: All we hve to do give argument abt acca is equivalent to UK bachelor degre.. Whoz yr Lawyer??

Summer Tjan
Newly Registered
Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Wed Oct 03, 2012 9:03 pm

@malik: my friend recommended me Mr Rana Khan from Noble Law solicitors. So I went there and consulted him. He knows about all these equivalent stuff. So I instructed him straight away.

Do you successful with your appeal?

malik5805
BANNED
Posts: 120
Joined: Sat Jun 25, 2011 10:38 pm

Post by malik5805 » Wed Oct 03, 2012 9:11 pm

Summer Tjan wrote:@malik: my friend recommended me Mr Rana Khan from Noble Law solicitors. So I went there and consulted him. He knows about all these equivalent stuff. So I instructed him straight away.

Do you successful with your appeal?
ok thts fine:: not yet coz my visa refused last week and dnt knw how long more they wwill take:: my friend filed his appeal in feb and his hearing was in august;: i think so easily they will take 3 to 4 months:: i think all the people who applied on the basis of acca got thier pasport now:;

TB9
Newly Registered
Posts: 18
Joined: Fri Oct 19, 2012 7:32 pm
Location: London

Post by TB9 » Mon Oct 22, 2012 8:48 am

Hi Summer,

I think we are on same page. Only difference is you have acca as a basis to appeal.

My result got declared officially on 1st may but I applied for PSW thinking that I will add the degree later. Inspite of sending a query they just sent me a rejection on 27th sept. Bio-metric was done by that time.

I have appealed now on the basis that they should have checked my qualification from my university or should have asked me before they rejected the case.

Waiting for a hearing date.

Finger crossed.

Any advice for me?

Many Thanks !!

Summer Tjan
Newly Registered
Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Mon Oct 22, 2012 11:28 am

Hi TB9 ...

Lots of my friends are in the same situation without any acca to help. They have been consulted with various lawyers and being told that the chance is very slim unless they can proof there is discrimination on their application. As we both know there are lots of people who got their result above 6 April and still got their psw.

So they approach their local MP to get supports ... I know some MP are very willing to help once you explain the details stories. My suggestion is appeal n approach your local MP, hopefully it helps.

Hope this information helps :). Let you know more when I got more info from my friends. Take care.

TB9
Newly Registered
Posts: 18
Joined: Fri Oct 19, 2012 7:32 pm
Location: London

Post by TB9 » Mon Oct 22, 2012 11:34 am

Hey Summer Tjan,

Thanks for the Advice.

I have appealed through a solicitor.So only thing I can do is to look for my local MP and have a hope atmost. Tribunal has deducted the appeal fee from my account and I am still waiting for further notification.

I Will let you know about my beings.

Thanks.

We should keep our spirit up :)

Summer Tjan
Newly Registered
Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Thu Nov 22, 2012 5:09 pm

Hi All ...

A bit of update for those who used Master/bachelor degree with awarded date outside 5 April 2012. Some of people in my school receipt their psw straight away eventhough they have appeal and given hearing date. It is because ukba withdraw the case .. They dont even have to attend the court anymore.

Thus, finger crossed it happens to everyone in the same situation.

Takecare,
Summer

TB9
Newly Registered
Posts: 18
Joined: Fri Oct 19, 2012 7:32 pm
Location: London

Post by TB9 » Thu Nov 22, 2012 11:58 pm

Hi Summer Tjan,

That's a relief.Thanks for the update.I am in the same boat and had my hearing on 16th November.My solicitor and barrister went to the tribunal to represent my case.I am just waiting for the decision now.Fingers crossed.

Lets see my fate :)

Summer Tjan
Newly Registered
Posts: 17
Joined: Sun Sep 30, 2012 11:04 pm

Post by Summer Tjan » Fri Nov 23, 2012 9:33 pm

Hi all ...

A bit update: Those people who cases being withdrawed n given psw were the ones who supposed to have their hearing in Hatton Court. While other courts hearing seems on schedule n go on .... Don't know why it is like that :(.

@TB9: Sorry for being a nosey parker, may I know what arguments presented by ur lawyer against ukba representative? Thanks ..


Kind regards,
Summer

TB9
Newly Registered
Posts: 18
Joined: Fri Oct 19, 2012 7:32 pm
Location: London

Post by TB9 » Sat Nov 24, 2012 12:53 am

Hi Summer,

My appeal is on Human rights ground backed by references of other immigration cases.Light was also drawn on time taken by university in declaring the result.

My proceeding was in Taylor House and no changes were made by that time.

And also, got some update from UKBA that there has been some minor changes in immigration rules which gonna apply from 13 dec 2012.

As you said and even my solicitor said that some of the applicants have won the case.If this has happened,it should apply to all of us with same conditions and apparently we should have some good news this Christmas.

Best Regards,

TB9

sam1983
Newly Registered
Posts: 23
Joined: Wed Nov 28, 2012 11:25 am

Post by sam1983 » Wed Nov 28, 2012 11:30 am

TB9 wrote:Hi Summer,

My appeal is on Human rights ground backed by references of other immigration cases.Light was also drawn on time taken by university in declaring the result.

My proceeding was in Taylor House and no changes were made by that time.

And also, got some update from UKBA that there has been some minor changes in immigration rules which gonna apply from 13 dec 2012.

As you said and even my solicitor said that some of the applicants have won the case.If this has happened,it should apply to all of us with same conditions and apparently we should have some good news this Christmas.

Best Regards,

TB9

HI TB9

I am on the same boat. Applied on 5th of April got my results in may. Got rejected in September. Can you please provide me your solicitor details. I have my appeal in Taylor house on the 7th of December. Quick reply would be very helpful.

regards,

Sam

baraiya_kanaiya
Newly Registered
Posts: 6
Joined: Tue Nov 06, 2012 2:45 pm
Location: LONDON
Contact:

psw appeal rejection

Post by baraiya_kanaiya » Sun Dec 09, 2012 1:40 pm

My appeal hearing was on 21 Nov 2012. I got letter from court today. Court dismissed my appeal as given reason. It is invalid application. You had to submit your result at a time of application not after.

sam1983
Newly Registered
Posts: 23
Joined: Wed Nov 28, 2012 11:25 am

Re: psw appeal rejection

Post by sam1983 » Mon Dec 10, 2012 10:45 am

baraiya_kanaiya wrote:My appeal hearing was on 21 Nov 2012. I got letter from court today. Court dismissed my appeal as given reason. It is invalid application. You had to submit your result at a time of application not after.
Sorry to hear the news. I tried to PM you my details. Its not going through. can you please PM me your details.

Locked
cron