refused dependent-want to apply psw

sv10 · Post by **sv10** » Tue May 11, 2010 7:44 pm

Hi everyone,
I came here as an student n then I have applied for dependent visa of tier1 general but my visa got refused. They gave the reason that I have to get an entry clearance from my home country. My student was expired on 31 Jan and I got the refusal on 6 May. Now I have received my result and I have passed with honours and I am eligible for psw. Home office gave me the option for an appeal or to make a new application. Can I make a new application for psw now? Please help????
Note:
I have done the assessment and I have scored all the points.
I haven't got any problem with funds and I hv got more than enough funds in my account since Oct 2009. I have masters degree from one the reputable university.

Post by **geriatrix** » Tue May 11, 2010 7:48 pm

With no valid leave to remain in the UK, you cannot make an(y) in-country application. Exit UK at the earliest to return to your home country at the earliest and apply for EC there (as dependent of Tier 1 migrant or as a Tier 1 PSW migrant).

regards

sv10 · Post by **sv10** » Tue May 11, 2010 8:03 pm

Thnx sushdmehta ,
But home office did gave us an option for fresh application?

Post by **geriatrix** » Tue May 11, 2010 8:08 pm

sv10 wrote:Thnx sushdmehta ,
But home office did gave us an option for fresh application?

Fresh application "from within UK"? Does the communication state so - clearly?

regards

sv10 · Post by **sv10** » Tue May 11, 2010 8:21 pm

Yes, it stated clearly that u can appeal against our decision or u can make a fresh application.

Post by **geriatrix** » Tue May 11, 2010 8:29 pm

sv10 wrote:Yes, it stated clearly that u can appeal against our decision or u can make a fresh application.

Make a fresh application allright - but where does it say that you can do it from within UK?

Without any valid leave to remain in the UK, AFAIK, you can either appeal this decision within the stipulated time given or make a new application for EC from outside the UK.

regards

sv10 · Post by **sv10** » Tue May 11, 2010 8:40 pm

Agree, It doesn't state that within the UK but it also doesn't state that outside the UK.

sv10 · Post by **sv10** » Tue May 11, 2010 8:46 pm

According to immigration law, u can always make a new application until unless u have any previous application penfind. M a right?

Post by **geriatrix** » Tue May 11, 2010 11:33 pm

Given that you do not valid leave to remain in the UK, do keep in mind that if you do not appeal the decision within the stipulated time or do not leave the country within 28 days of refusal, you will become an overstayer in UK and that will have a negative impact on any future leave to enter/remain applications.

regards

Post by **geriatrix** » Tue May 11, 2010 11:42 pm

sv10 wrote:According to immigration law, u can always make a new application until unless u have any previous application penfind. M a right?

No and definitely not when you have no legal (immigration) status in the UK.

Check with UKBA why an exception has been made in your case to allow you to both appeal or make an application for leave to remain, when your current leave (as a student) has already expired. Because your leave had expired when a decision was reached on your dependent application, you have been given the right to appeal. Had your leave not expired when the decision was made, you would have received a refusal with no right to appeal and advice to make a new application.

regards

sv10 · Post by **sv10** » Wed May 12, 2010 12:30 am

But u know when I have applied I still had that valid visa, they took more than 3 months to make their drcidion. That time I have also done with my studies. If they refused earlier I should have gone back to my country. Now fortunately I received my result and I have found out that I am eligible for the psw visa. About my status, I still have more than week for my appeal deadline, so I a have right to live here till then or further if I want to continue with my appeal. To be honest I wasn't aware of this law before if I knew that before I would never apply for my dependent visa from the UK.

sv10 · Post by **sv10** » Wed May 12, 2010 8:43 am

i went through everything and realised that you are right, so i am thinking of filing an appeal on the grounds of human rights. Its affecting our married life as we are newly married moreover going back to our country to get the visa done is an extra amount of money. Furthermore, my partner has a job which is also being hampered due to this situtation.Please suggest me what you think would be the most appropriate step to take in my case. I want to be out of this mess and concentrate on my career and personal life as well. Please..Please help me!!!!!! Thanks

potterbond007 · Post by **potterbond007** » Wed May 12, 2010 9:10 am

There are many people in the same situation that you are in. You can try that appeal though. The best option would be to apply from your home country. I dont see any means of escape here. Your partner could maybe stay on in the UK for a couple of months while you do your application from overseas and come back. She has her Tier- 1 General Visa i guess.

Post by **geriatrix** » Wed May 12, 2010 10:25 am

sv10 wrote:so i am thinking of filing an appeal on the grounds of human rights. Its affecting our married life as we are newly married moreover going back to our country to get the visa done is an extra amount of money.

You are in this situation because of your own mistake and ignorance. And now you want to appeal on human rights grounds with the excuse that it is all UKBA's mistake! Sorry if I sound rude, but this is absurd, to say the least.

Go back to home country at the earliest and apply for EC from there. Don't risk becoming an overstayer as it will have a negative impact on any future applications.

regards

potterbond007 · Post by **potterbond007** » Wed May 12, 2010 11:34 am

sushdmehta wrote:
sv10 wrote:so i am thinking of filing an appeal on the grounds of human rights. Its affecting our married life as we are newly married moreover going back to our country to get the visa done is an extra amount of money.

You are in this situation because of your own mistake and ignorance. And now you want to appeal on human rights grounds with the excuse that it is all UKBA's mistake! Sorry if I sound rude, but this is absurd, to say the least.

Go back to home country at the earliest and apply for EC from there. Don't risk becoming an overstayer as it will have a negative impact on any future applications.

regards

As sush said, I dont think you can win your appeal. You will probably end up spending more money and wasting your time. You better leave the country as soon as you can, since from my own personal experience, you are sometimes termed an overstayer even if you leave within the stipulated time of 28 days.

Post by **geriatrix** » Wed May 12, 2010 11:42 am

Win an appeal? IMHO, there's no ground for appeal - "my life is affected because I was ignorant and made a mistake but now I want UKBA to pay for it under the guise of human rights protection"!

regards

sv10 · Post by **sv10** » Wed May 12, 2010 9:15 pm

Well I understand what you mean. So what is the best option according to you....go back to my country apply for the dependent visa from my country because all the home office said was that they can't grant me the visa on the ground that I don't have my entry clearance from India. How much success rate do you foresee for me to obtain the visa then. I am really want to go for something that provides me with security of getting the visa. Thank-you for your advice and time.

Post by **geriatrix** » Wed May 12, 2010 11:26 pm

Forget the best, it is the *only* option you have got - unless you wish to appeal.

regards

sv10 · Post by **sv10** » Thu May 13, 2010 1:05 am

Thanks sush,
I really appreciate your help. Last question please, what are the chances from my home country (India)? I mean, will people get the visa after refusal?

I believe my document are strong.

potterbond007 · Post by **potterbond007** » Thu May 13, 2010 9:11 am

sv10 wrote:Thanks sush,
I really appreciate your help. Last question please, what are the chances from my home country (India)? I mean, will people get the visa after refusal?

I believe my document are strong.

Depends mate.. In India, the rules are maintained much more stringently and sometimes refusals are handed out for no reason at all.. I suggest that you apply for your PSW from India since u are eligible for the it.. the dependent thingy can be refused on a lot of technicalities..

Post by **geriatrix** » Thu May 13, 2010 11:38 am

sv10 wrote:Thanks sush,
I really appreciate your help. Last question please, what are the chances from my home country (India)? I mean, will people get the visa after refusal?

I believe my document are strong.

If you fulfil the requirements and present documentary evidence as required, there is no reason why you would not be granted a visa.

Many people are refused leave to enter/remain (for various legitimate reasons) but that doesn't mean that they are not granted visas later on when they apply for one.

regards

sv10 · Post by **sv10** » Sat May 15, 2010 1:03 am

Thanks potter and thanks sush,
M going back on Monday, but I haven't decided yet whether to go for psw or dependant.
Which one is the best option in my case?

Note: I have all the relevant documents in both cases.
Thanks once again to both of you.

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refused dependent-want to apply psw

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