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Will i can apply for the other year

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

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tmwc1216
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Will i can apply for the other year

Post by tmwc1216 » Sat Oct 18, 2008 9:14 pm

Hello everyone.

I am just wonderding about my case and need someone's advises.

MY IGS visa was from 15/Jun/2007 to 15/Jun/2008 (1 year)and i got my Master degree on Dec/2006.

I had send my application for Tier 1(General) before my IGS visa expire, but had some kind of Home office mistake(or issue) got refused.
So currently on my Tier1(G) appeal process =>waitting hearing at moment.

I am wondering about am i able to apply the other expend year after IGS(1year) to Tier1 (post-study) in home country, if i won't successful win in the hearing.

(*i had waitting the Tier1(General) reply about 4 months, that's why i am still stay incounty(UK))

Hopefully you can understand wht did i mean... =.="

by the way, if i can apply the other year, will i have to apply in Home country or still can send out the application with in 28days after hearing?

best regarding...
thx a lots

:(

FATNIK
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Post by FATNIK » Sat Oct 18, 2008 11:08 pm

hi, actually i have just sent out the application again, cos it was refused last time, i still waiting for the result coming back, and i'm not sure if it wins this time, does it really like to be taht long (4 weeks)?

tmwc1216
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Post by tmwc1216 » Sun Oct 19, 2008 9:24 pm

FATNIK wrote:hi, actually i have just sent out the application again, cos it was refused last time, i still waiting for the result coming back, and i'm not sure if it wins this time, does it really like to be taht long (4 weeks)?
hi, can you describe a little bit about your case?? and wht the refused resason?? why you can reconsideration, is you apply in home country or inside UK??

sorry for ask many question....

tmwc1216
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Post by tmwc1216 » Thu Oct 23, 2008 3:58 pm

anyone can give me advice...please.... :(

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Frontier Mole
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Post by Frontier Mole » Sun Oct 26, 2008 12:29 am

The simple answer is no to PSW. The transitional rules allow up to two years IGS + PSW from the date of your last acceptable qualification. If you qualified in Dec 2006 then you would only have up to Dec 2008 in any event.

By the time your Tier 1 goes through the appeal process it will be after Dec 2008.

Why was your Tier 1 refused?

tmwc1216
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Post by tmwc1216 » Sun Oct 26, 2008 11:23 pm

Frontier Mole wrote:The simple answer is no to PSW. The transitional rules allow up to two years IGS + PSW from the date of your last acceptable qualification. If you qualified in Dec 2006 then you would only have up to Dec 2008 in any event.

By the time your Tier 1 goes through the appeal process it will be after Dec 2008.

Why was your Tier 1 refused?
thank you for your reply ...it is very useful...so, if i am going home to send out the apply IGS second year visa => PSW One year....before DEC2008...it will be still ok .yah??

my appeal process had got refused again but waitting the hearing ....so i think i will go home before that time, if i am not win in the hearing...hopefully you can understand wht did i mean...

about my Tier 1 refused was related peior income conversion rate issue...and Home office website gave my wrong count point then get refused......

thank you very much, if your information "allow up to two years IGS + PSW from the date of your last acceptable qualification" correct..then i will still get chance to come back England....did there show in any guidline....??

will i have back to home country to apply or i still can apply in here??

thanks a lots..

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Frontier Mole
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Post by Frontier Mole » Sun Oct 26, 2008 11:49 pm

Sorry I seem to have given you the wrong idea.

The maximum time you can have is a TOTAL of 2 years by any combination of IGS + PSW. It is not 1 year of IGS + 2 years PSW.

Going home and applying will not get you anywhere other than another refusal. If you want to stay on in the UK you are going to have to find another way. PSW will not resolve your problem.

tmwc1216
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Post by tmwc1216 » Sun Oct 26, 2008 11:53 pm

Frontier Mole wrote:Sorry I seem to have given you the wrong idea.

The maximum time you can have is a TOTAL of 2 years by any combination of IGS + PSW. It is not 1 year of IGS + 2 years PSW.

Going home and applying will not get you anywhere other than another refusal. If you want to stay on in the UK you are going to have to find another way. PSW will not resolve your problem.
OH :( no....

so i can't expand the other year PSW and will still get refusal again??
even though i only got one year IGS before....

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Post by Frontier Mole » Mon Oct 27, 2008 12:22 am

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Go to Para 85 & 86 of the notes - that is where it states the transitional arrangements.

Two years combined as I said - sorry!

tmwc1216
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Post by tmwc1216 » Mon Oct 27, 2008 12:27 am

Frontier Mole wrote:http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Go to Para 85 & 86 of the notes - that is where it states the transitional arrangements.

Two years combined as I said - sorry!
thx man...i had read it before ....
and
http://www.ind.homeoffice.gov.uk/workin ... angements/

there didn't mantion about ..will i still can expand the other year.....sorry i am so confused about their policy.....
but i am very thx for your help, hopefully you still know more kind of information ..thx a lots..
===============================================
Transitional arrangements

This section explains how you can apply under the transitional arrangements of the post-study worker category (Tier 1 Post-study work) of the points-based system.

On this page:

Who can apply under the transitional arrangements?
What happens when your permission to stay ends?
The conditions you must meet if you apply under the transitional arrangements and are already in the United Kingdom
Who can apply under the transitional arrangements?
You can apply under the transitional arrangements if you are in the United Kingdom and your current or last grant of leave was under the:

Science and Engineering Graduates Scheme (SEGS); or
International Graduates Scheme (IGS); or
Fresh Talent: Working in Scotland Scheme (FT: WISS).
If you were last given less than two years' leave under the International Graduates Scheme or Science and Engineering Graduates Scheme, you will be able to apply to the post-study worker category under the transitional arrangements. The arrangements allow you to get a total of up to two years' leave under a combination of your previous scheme and post-study worker.

If you are under the Fresh Talent: Working in Scotland Scheme, you will normally have been given two years' leave at the beginning and so will not need to apply for any transitional arrangements. However, if you were given less than two years' leave under the Fresh Talent: Working in Scotland Scheme, you can apply under the transitional arrangements in the post-study worker category to get a total of two years' leave under a combination of your previous scheme and the post-study worker category.

If you have not previously been given permission to stay in either of these categories, you should read the section on initial applications.

What happens when your permission to stay ends?
If you are given permission to stay as a post-study worker from inside the United Kingdom, you will be able to live and work in the United Kingdom for a maximum period of two years, combined with your previous leave. When the end of this period approaches you will not be able to apply to extend your stay, as we expect you to switch into another category of the points-based system.

The conditions you must meet if you apply under the transitional arrangements and are already in the United Kingdom
You can apply under the transitional arrangements if you are in the United Kingdom and your current or last grant of leave was under the:

Science and Engineering Graduates Scheme (SEGS); or
International Graduates Scheme (IGS); or
Fresh Talent: Working in Scotland Scheme (FT: WISS).
Leave to remain is subject to the following conditions:

you must have no recourse to public funds, which means you will not be able to claim most benefits paid by the state; and
you must register with the police if this is needed by paragraph 326 in part 10 of the immigration rules.
We do allow employment as a doctor in training if you have, or were last given, permission to enter or stay in the International Graduates Scheme (IGS), or Science and Engineering Graduates Scheme (SEGS), or Fresh Talent: Working in Scotland Scheme (FT:WISS).

If you are already in the United Kingdom and are sending any dependant applications at the same time as your own application, we encourage you to send your application and dependant applications in the same envelope.

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Post by Frontier Mole » Mon Oct 27, 2008 12:51 am

The hidden part is the bit about two years from the date the qualification is gained. I note your IGS ran for a year from June 2007 to June 2008 but your qualification was gained in December 2006. What happened to the six months in between? Did your student visa cover you up to June 2007?

PSW does not allow the clock to tick on beyond the date of gaining the qualification. Hence the two years point is set from the qualification date. This ensures that no one can benefit from the additional time on the student visa after the qualification is gained. It makes it a level playing field for all those that want to stay on in the UK. You get two years from the date of qualification and nothing more.

IGS may well have allowed the clock to tick on, so you could have been in the UK for far longer than a total of say two years. I think this is partly the trap you are now in. Even if the PSW was granted I do not believe you would get the extention beyond the 2 year point of your qualification in Dec 2006.

Best to await the outcome of the appeal, I believe it will fail but in the meantime you can still work and plan what you want to do.

tmwc1216
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Post by tmwc1216 » Mon Oct 27, 2008 11:19 am

Frontier Mole wrote:The hidden part is the bit about two years from the date the qualification is gained. I note your IGS ran for a year from June 2007 to June 2008 but your qualification was gained in December 2006. What happened to the six months in between? Did your student visa cover you up to June 2007?

PSW does not allow the clock to tick on beyond the date of gaining the qualification. Hence the two years point is set from the qualification date. This ensures that no one can benefit from the additional time on the student visa after the qualification is gained. It makes it a level playing field for all those that want to stay on in the UK. You get two years from the date of qualification and nothing more.

IGS may well have allowed the clock to tick on, so you could have been in the UK for far longer than a total of say two years. I think this is partly the trap you are now in. Even if the PSW was granted I do not believe you would get the extention beyond the 2 year point of your qualification in Dec 2006.

Best to await the outcome of the appeal, I believe it will fail but in the meantime you can still work and plan what you want to do.

Hi, thx Frontier Mole for your reply...
Yah, it sound a bit complex in my case, doesn't it...
Yes, my student visa was expire on Jun/2007 then i get Jun/2007-Jun/2008 for one Year IGS..
Then I had send out my Tier 1(General) application before IGS expair (Jun/2008), so it is why i am still waitting apeal hearing inside of UK.
I didn't find out will i still allow to work infomraton to my employer, so it make me didn't get any income in this waitting period..

So if Home office was aim on two years from the date the qualification is gained. Then will i still have chance send out my Transitional arrangements to PSW before two years from the data my qualification?

thank you very much help your help again....i am very appreciate...

tmwc1216
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Post by tmwc1216 » Wed Oct 29, 2008 12:19 am

sorry ....i had read the guide book again and again....
still confuesed the other thing is ..Transitional arrangements IGS to PSW...will it only can apply in UK ??

and there have a kind of deline 31/OCT/2008 for found...it is still be the transitional arrangements deline as well??:(

thx a lots..first..

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Post by Johnson02 » Mon Dec 17, 2012 1:41 am

If the driving offence was driving without a valid licence and hence also no insurance you will not get through the appeal process.
What was the offence you went to court for?

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