need help desperately

[Diepshit]

hi, i'm looking for some urgent advise out there so if theres anyone there that can providr assistance i will be eternally grateful.
on the 24th feb 2010 i applied for an extension of my student visa. i however applied with a visa letter rather than the cas no specified in the new regulations brought about on the 22nd feb 2010. this was due to my colleges license been suspended at the time and no cas could be issued. my student visa extension was refused and i decided to appeal the decision. my court hearing is set on the 22nd september 2010.
however in this time i have recieved my results and have passed my bachelors degree and am now ready to move to psw visa.
does anyone know if i make a new psp application now, 4 months after my visa expired will the HO consider my case as i have my appeal pending. I have also come across a change of circumstances form on the ukba website. Should i full this in informing the HO of my change in circumstances and then apply for PSW. will they accept my application or will they just take my money and refuse me.
Can someone pls shed some light on this for me
thank you

[geriatrix]

Do you know why your college was suspended? And is it still suspended?

regards

[Diepshit]

thank you sushdmehta for replying to my problem.
My colleges license was suspended at the time when the govt was cracking down on bogus colleges, however its license has been reinstated since and recently has even recieved an A grade by the HO, furthermore i got a letter from my college stating they would have no problems issuing me a cas no if the tribunal required one, however now as i've completed my course i dont really need one or can only get a new one if i register for another course, something i dont want to do. Please, what should i do in this instance

[tall_funky]

I guess your best bet is --->> http://www.ukba.homeoffice.gov.uk/worki ... ancesform/

[Diepshit]

thank you Tall_Funky, so what you are saying is i should send the change of circumstances form, then post my psw application and withdraw my appeal with the tribunal? i'm guessing all this must be done before the 22nd sept 2010 as this is the date of my appeal and my application may still be considered as an out of time application.

[geriatrix]

While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain.

Also, change of circumstances form is for an application in process. You do not have an application under process, but an appeal pending - against a decision.

If you have your passport with you - you may want to return to home country (withdraw appeal before flying out) and apply for EC as Tier 1 (PSW) migrant.


regards

[Diepshit]

Thank you sushdmehta, I appreciate your advise, however it is not financially feasable for me at this point to travel home and make my application, however as you pointed out, according to 3c and 3d of the immigration directives, I am legally allowed to remain in the country and continue to up till my tribunal hearing. I still have all my rights extended to me and on my initial refusal letter under section E: option to make new application, the HO states 2 options
1) If you are mot entitled to a statutory right of appeal, but wish us to reconsidere this decision on the basis of new additional information not included in the application that is the subject of this decision , you must submit a fresh application and include full supporting evedence...
2) Alternatively, if you wish to apply for leave to remain in another capacity, you must do so on the appropriate application form with the appropriate fee
In all cases an application should be made before your current leave expires...
However, the refusal letter was recevived on the 14 may 2010 and my current leave expired on the 28th february2010 In my view, as section 3c and 3d protects me from being an overstayer, therefore my application under psw must be treated as within the time limit. Am i right in this assumption?? Pls any feedback will be greatly appreciated

[geriatrix]

In my view, as section 3c and 3d protects me from being an overstayer, therefore my application under psw must be treated as within the time limit. Am i right in this assumption??

While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain. So even someone who marries after making an application to remain as a student cannot, while they have leave under section 3C, make a fresh application on the basis of the marriage.

regards

[tall_funky]

In my view, as section 3c and 3d protects me from being an overstayer, therefore my application under psw must be treated as within the time limit. Am i right in this assumption??

While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain. So even someone who marries after making an application to remain as a student cannot, while they have leave under section 3C, make a fresh application on the basis of the marriage.

regards

3.2. Applications lodged during leave under sections 3C and 3D
While either section 3C or 3D leave is in force, the applicant is not entitled to make
any more applications for variation of leave to enter or remain. So even someone
who marries after making an application to remain as a student cannot, while they
have leave under section 3C, make a fresh application on the basis of the marriage.
On the other hand, it is possible to vary the grounds of an application already made,
even by introducing something completely new. A student application can be varied
so as to include marriage grounds. If an application is varied before a decision is
made, the applicant will be required to complete the necessary prescribed form to
vary his application. If an application is varied post decision, it would be open to the
applicant to submit further grounds to be considered at appeal. As a result, there
may be little difference in practice between a fresh application and a request to vary
an existing application. The distinction is made to ensure that all a person's grounds
for wishing to remain in the UK result in one decision and thus one appeal. This
'one-stop ' principle - one application, one decision, one appeal - is essential to the
operation of the appeal process that was introduced in the1999 Act and has been
extended by subsequent Acts.
However section 3C makes a clear distinction between the decision on the
application and the appeal against that decision. Once an application has been
decided it ceases to be an application and there is no longer any application to vary
under section 3C (5). So any new information will fall to be dealt with during the
course of the appeal rather than as a variation of the original application.

I'll suggest you to read the above document carefully!

Cheers!