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Re-applying for PSW visa after student visa has expired

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

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ashcarv
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Re-applying for PSW visa after student visa has expired

Post by ashcarv » Wed Feb 15, 2012 6:02 pm

Hi everyone,

I'm hoping someone can give me some advice. Here's my situation: I applied for a PSW visa on 28 January, and it was received by HO on 30 January. My application was perfect, but I paid by credit card and my bank declined the transaction for the application fees due to anti-fraud security measures (despite the fact I had notified my bank well in advance that the transaction would be occurring and to authorize the charge.) Because of this, my application was invalidated and refused. I received the rejection letter and all my supporting documents in the post this morning.

Unfortunately, between now and when I posted my application to HO, my Tier 4 student visa expired. I am now considered an overstayer in the UK. I've spoken with an international immigration advisor, who says I can submit a fresh application from within the UK explaining the circumstances regarding my bank declining the transaction and paying by postal order or bank draft instead of card. The advisor says that if I do this, chances are good that my visa will be granted. Alternatively, she says I can fly back to the US (where I'm from) and make a fresh application there.

Flying back to the US isn't an option for me right now, but obviously I need to get this visa sorted. I'm wondering if anyone has (or knows someone who has) been in this situation before (re-applying for PSW visa as an "overstayer" after Tier 4 visa has expired) and whether the visa was granted.

I'd appreciate any/all advice on the matter. Thank you!

abhz639
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Post by abhz639 » Wed Feb 15, 2012 10:11 pm

Yes, you can do that..

ashcarv
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Post by ashcarv » Wed Feb 15, 2012 11:35 pm

Do you know how successful this is? Has anyone been in this situation before? If you have, I would greatly appreciate if you could tell me your experiences with this. Thank you

vinny
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Post by vinny » Wed Feb 15, 2012 11:41 pm

245FD(f) permits an out of time application for leave to remain.

There's no right of appeal against a refusal.

However, lawful continuous period may be broken and possible future re-entry ban.

See also Another Secret Policy.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Re-applying for PSW visa after student visa has expired

Post by Tier 4 » Thu Feb 16, 2012 12:40 am

ashcarv wrote:Hi everyone,

I paid by credit card and my bank declined the transaction for the application fees due to anti-fraud security measures (despite the fact I had notified my bank well in advance that the transaction would be occurring and to authorize the charge.)
Was your credit card issued in US or in UK? Because usually debit card payment refuses, it’s much unlikely credit card get refuse.
N/A

ashcarv
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Post by ashcarv » Thu Feb 16, 2012 10:10 am

My credit card is based in the US. The credit card company declined the transaction because they thought the overseas charges were fraudulent (despite the fact I've lived in the UK for nearly 3 years and have used this card frequently while I've been here). There was/is more than enough money in the account to cover the cost of the application fee. I warned the card company AND my bank in advance that the transaction would be taking place and to authorize the charges, but they still declined the transaction.

Noman83
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Re: Re-applying for PSW visa after student visa has expired

Post by Noman83 » Sat Feb 18, 2012 7:35 pm

ashcarv wrote:Hi everyone,

I'm hoping someone can give me some advice. Here's my situation: I applied for a PSW visa on 28 January, and it was received by HO on 30 January. My application was perfect, but I paid by credit card and my bank declined the transaction for the application fees due to anti-fraud security measures (despite the fact I had notified my bank well in advance that the transaction would be occurring and to authorize the charge.) Because of this, my application was invalidated and refused. I received the rejection letter and all my supporting documents in the post this morning.

Unfortunately, between now and when I posted my application to HO, my Tier 4 student visa expired. I am now considered an overstayer in the UK. I've spoken with an international immigration advisor, who says I can submit a fresh application from within the UK explaining the circumstances regarding my bank declining the transaction and paying by postal order or bank draft instead of card. The advisor says that if I do this, chances are good that my visa will be granted. Alternatively, she says I can fly back to the US (where I'm from) and make a fresh application there.

Flying back to the US isn't an option for me right now, but obviously I need to get this visa sorted. I'm wondering if anyone has (or knows someone who has) been in this situation before (re-applying for PSW visa as an "overstayer" after Tier 4 visa has expired) and whether the visa was granted.

I'd appreciate any/all advice on the matter. Thank you!



Hi This happened to me once but when i got my application back as invalid i still had 5 days on my visa so i reapplied . At that time i spoke to HO and they said that application date will be considered as the date initially applied .Just write a letter to clarify the position and she also explained that it does not matter if your visa even expired as you are already logged on the system and you just have to sort out the payment and reapply using the same refference nos as in the letter by UKBA
Thanks

ashcarv
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Post by ashcarv » Sat Feb 18, 2012 8:19 pm

Wow - thank you so much for your helpful reply! I really appreciate it. When you say apply using the same reference number as the previous application, do you recommend that I include the rejection letter I received from UKBA in my application? Or is there another way to put the reference number in there? Thanks again!

Noman83
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Post by Noman83 » Sat Feb 18, 2012 9:16 pm

ashcarv wrote:Wow - thank you so much for your helpful reply! I really appreciate it. When you say apply using the same reference number as the previous application, do you recommend that I include the rejection letter I received from UKBA in my application? Or is there another way to put the reference number in there? Thanks again!
I think you should write a covering letter explaining everything and put reference number over there as UKBA knows very well that bnks / cards do decline and also call HO anonymusly and ask them directly and dont forget to note person name and time you spoke to them
Thanks

Noman83
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Post by Noman83 » Sat Feb 18, 2012 9:42 pm

Noman83 wrote:
ashcarv wrote:Wow - thank you so much for your helpful reply! I really appreciate it. When you say apply using the same reference number as the previous application, do you recommend that I include the rejection letter I received from UKBA in my application? Or is there another way to put the reference number in there? Thanks again!
I think you should write a covering letter explaining everything and put reference number over there as UKBA knows very well that bnks / cards do decline and also call HO anonymusly and ask them directly and dont forget to note person name and time you spoke to them
Thanks
this is what i did

I printed a new form filled it up with all my details
Then i prepared a covering letter and mentioned thier reference no and gave them an explanation of what has happened ..That s it but like i said i dnt know if they might have chnged their rules so i recommend you speak to HO Thanks

abhz639
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Post by abhz639 » Tue Feb 21, 2012 3:49 pm

Are you re-applying with a letter explaining everything?

pumnoo
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Re: Re-applying for PSW visa after student visa has expired

Post by pumnoo » Wed Feb 22, 2012 2:38 pm

hello there,
my situation was exactly the same. payment of my wife visa got declined the the application become invalidated and also visa-stay got expired as welll. i simply wrote a covering letter stating the whole situation and didnot add any thing and sent back all the documents which i sent before. and she got the visa . i called to HO and they explained that if due to some reason your application becomes invalidated and you then reapply, the caseworker decides on case-to-case basis. therefore my suggestion for you is just write a covering letter and make sure the payment goes through this time. i hope you will get your visa without any problem. Best of luck!

abhz639
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Post by abhz639 » Thu Feb 23, 2012 1:16 pm

Hi Pumnoo,

How long ago was this? Didn't you have to update your bank statements?

Thanks!

abhz639
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Post by abhz639 » Sat Feb 25, 2012 9:40 am

Hi Noman,

My application got returned, so just wanted to ask you, is the date I FIRST applied considered the application date? And also did you have to update your bank statements? Thanks!!

quantum1
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Post by quantum1 » Mon Feb 27, 2012 1:43 pm

abhz639 wrote:Hi Noman,

My application got returned, so just wanted to ask you, is the date I FIRST applied considered the application date? And also did you have to update your bank statements? Thanks!!
No.

Your application has been deemed invalid and therefore according to the home office you have not made an application. Unfortunately there is no discretion when it comes to applications deemed invalid because payment could not be paid. Its a statute, non payment automatically invalidates an application. This is harsh and its had a lot of serious consequences for people in particular when it came to later applying for ilr. My advice to you is to pay the home office with a banker's draft or postal orders which can be guaranteed to be redeemed in the future.

divine_
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Post by divine_ » Mon Feb 27, 2012 2:09 pm

quantum1 wrote:Hi Noman,

No.

Your application has been deemed invalid and therefore according to the home office you have not made an application. Unfortunately there is no discretion when it comes to applications deemed invalid because payment could not be paid. Its a statute, non payment automatically invalidates an application. This is harsh and its had a lot of serious consequences for people in particular when it came to later applying for ilr. My advice to you is to pay the home office with a banker's draft or postal orders which can be guaranteed to be redeemed in the future.
According to UKBA, it is at the discretion of the case worker. If it is declined however, there is no right to appeal, as far as I know.

PSW WORRIES
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Re-applying for PSW visa after student visa has expired

Post by PSW WORRIES » Fri Mar 02, 2012 10:47 am

can someone answer ths question?

Posted: Sat Feb 25, 2012 9:40 am Post subject:

--------------------------------------------------------------------------------

Hi Noman,

My application got returned, so just wanted to ask you, is the date I FIRST applied considered the application date? And also did you have to update your bank statements? Thanks!!

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