CAN I APPEAL for PSW

[solo247]

Hi all,

I applied for PSW tier 1 in feb and was refused in march on basis i didnt have valid visa in between 30th april 2009 - 21st july and 21st august 2009 and 30th september. I dont have a appeal chance. what are my options?

I applied for Student Visa extention in march 2009 (visa was expiring on 30th april 2009) and got a result on 8th june that my application was invalid because of photos.

made another application with all new documents on 26th june and was invalid again problem with payment.

resubmitted application again on 22nd july 2009 and was refused on basis of having fee balance to university. which was not right.

complained to home office and they said to make a new application.

got the visa till april 2010. as tier 4 student.

shall i make new application or consult a laywer

any help much appriciated.



In tier

[arsenal49]

obviouly your case is very complicated.. did you explain the situation in your covering letter. do you believe that UKBA thinks that you were trying to "hide" the dates you overstayed from them.

They should not punish you since you had overstayed for only minor period but i am afraid there were series of errors fom your side that has not gone too well with UKBA. e.g. photographs...than payment problems...and then misunderstanding on UKBA's part regarding tuition fee.

You should have explained everything in your covering letter to ensure you are not penalised for that minor period. Did you declare that you overstayed before in UK in your psw app? If not, then that was a huuuuuuuge mistake on your part because it amounts to lying on your app.

Anyway, thats past. Regarding your options... i guess you have to leave country and serve ban for 1 year i suppose but that would mean you cant apply for psw again as you will not satisfy psw conditions.

Contact lawyer and see what he suggests but obviously its not good since you dont have a chance to appeal.

keep us posted.

regards

[arsenal49]

remember... you can not be deemed to have overstayed while your application is with Home office. immigration law, Section 3 c kicks in. search on this forum about section 3 c and you will find loads of thread on that. Match dates with your own record and see if they have made a factual mistake. If you think there analysis of dates you have overstayed is wrong.. then give them a call and ask them to reconsider as that is a grave mistake on their behalf and should not have happened

regards

[solo247]

hi aresena49,


Thanks for your reply i have spoken to lawyer he said i can still go to high court and it will cost me. shall i give a try or just quit

[ash786]

remember... you can not be deemed to have overstayed while your application is with Home office. immigration law, Section 3 c kicks in. search on this forum about section 3 c and you will find loads of thread on that. Match dates with your own record and see if they have made a factual mistake. If you think there analysis of dates you have overstayed is wrong.. then give them a call and ask them to reconsider as that is a grave mistake on their behalf and should not have happened

regards

1. Section 3C only works wen u make a valid application so in this case section 3C applied the first time only and not the 2nd and the 3rd time he applied.
2. Wen HO returned his application than that period was illegal and will be classified as an overstayer.

[arsenal49]

i dont know solo...is the honest answer. if you have absolutely nothing else to lose than by all means go to high court but get urself a very good lawyer....

dont take word of any 1 lawyer see if u can get response from cuple of lawyers regarding high court option as lawyers are known to mislead people to get their own fees and stuff..

regards