From "no status" to PSW..How realistic??

[saady]

hi,
i have a fairly complicated case to deal. i came here in sept 2005 to study for four years business administration Degree. i have now completed it and the result is due in a month. in late 2007 i was accused of studying in a bogus college but by the end of 2008 i won the case. the judgment clearly states to drop all the charges against me and to let me study. while i was fighting my case i was made to report one of the reporting UKBA centre at London bridge. i still go there every once in a while!!
Now my question is that my visa expired in october 2008. right now i don t have any status, just the judgment that states that the charges against me were false. i am planning to change my visa status to PSW. is that possible??? or do i have to change my status to student and then PSW?? If yes, i have already completed my studies, How would i do that???
Please Guide!!! AND thankx for reading the post!!!
Best,

Saad

[geriatrix]

The judgement helps only to the extent that the charges levelled against you in the past were proven false

Was this judgement a result of an appeal subsequent to an immigration application? If so, then why did you not extend your (study) visa when you were acquitted of the charges?

IMHO, given no legal status in the UK an in-country application will fall for refusal. And given the 2 years (and continuing) overstay in UK an EC application from outside UK will also be refused.



regards

[saady]

thanx for the reply SHUSHDMEHTA. it was not the result of an application. my visa was revoked. in december 2008 i got the judgment to drop the charges against me. there was a slight mistake in the judgment. it had to be ammended. it took another couple of months ( as told by my lawyer). when i finally got the judgment i only had 7 or 8 months for my study period to finish. in that time applications were taking as long as 4-6 months. given that my application was a complicated one, i thought it would be logical to finish the degree and then apply for psw. i know that i have to get 75 points in order to get psw. so in the current situation, is it achievable?. i ve finishd my degree from wales university. english language points? recognized awarding body?? will that go in my favour???

[geriatrix]

70. No points will be awarded if the applicant’s immigration status did not permit them to pursue a course of study at any point during which he/she was studying in the United Kingdom towards the eligible qualification.

77. If we cannot establish his/her status during the period of study and/or research in the United Kingdom by checking his/her immigration status using our electronic records, we will not award any points and we will refuse the application.

Also, as a result of your overstay your application will be refused under General grounds of refusal.

4. Applicants in all the points based system categories will be subject to General Grounds for Refusal. This means that even if the applicant qualifies under the specific category of the Rules under which he/she is applying to come here, there may be other reasons (such as his/her previous immigration history) that may lead to the application being refused.

Qualifying for Tier 1 (PSW) is one thing, being granted leave to enter / remain another. The former doesn't automatically lead to the latter.


regards

[saady]

is that pretty much it?? i mean i thought i had some chance of fighting the case but what you quoted seems straightforward that my case will be refused rightaway. i will consult a lawyer but do you think it ll be worth it??? instead of changing it to psw, if i start MBA. do you think that will help me to get student visa. i planned to do it aftar an year but if psw is not possible then if i get admission in MBA?? is that any logical?? thankyou very much for your prompt responses!!

[lkpone]

I think the answer has been supplied pretty much categorically above. You can consult a lawyer if you have money to burn, but common sense is cheaper!

If you have no immigration status, and want to start an MBA, you'd have to return to your home country to apply for a visa, but as sushdmehta quoted above, because of your overstay, it's likely to be refused.

Sorry, doesn't look good.