Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.
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bw3
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by bw3 » Tue Oct 05, 2010 1:41 am
I already have a UK job in place even though I'm in the states. I can start as soon as I get to England. I am a US Citizen with a UK post graduate degree and I just realized something.
I deposited my money in my bank account for the matinence fee in early September, which means I can apply for the visa on Dec. 1st. (That will be 90 days).
However I was awarded my degree on October 22nd, 2009 and graduated on December 8th, 2009. Will this impact the UK boarding agencys decision, since the earliest I can apply is a year after I graduated by a month and a week.
Please advise.
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bw3
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by bw3 » Tue Oct 05, 2010 3:44 pm
Need assistance to the above question.
Thanks all!
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geriatrix
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by geriatrix » Tue Oct 05, 2010 8:21 pm
bw3 wrote:I was awarded my degree on October 22nd, 2009 and graduated on December 8th, 2009.
Please explain these two dates.
regards
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bw3
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by bw3 » Tue Oct 05, 2010 9:39 pm
My official letter from my university states “the degree will be awarded on October 22nd, 2009, with the graduation ceremony taking place on December 8th"
Therefore my dissertation was graded on the 22nd, and I received my diploma on December 8th.
I hope that clears things up.
Please advise.
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psychic
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by psychic » Wed Oct 06, 2010 9:38 am
bw3 wrote:My official letter from my university states “the degree will be awarded on October 22nd, 2009, with the graduation ceremony taking place on December 8th"
Therefore my dissertation was graded on the 22nd, and I received my diploma on December 8th.
I hope that clears things up.
Please advise.
The date of degree award is not the date of grading dissertation. The university cannot award a degree unless the university senate decides to give you, which is atleast a few days after grading your disertation. The graduation ceremony is to commonly award degree for different courses along with a ceremony.
You have mentioned a diploma which I am not too sure qualifies for PSW. Please expand more on that.
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bw3
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by bw3 » Wed Oct 06, 2010 4:11 pm
Sorry I didnt mean diploma, that is an American term. I have a MA from Newcastle University, it was awarded on October 22nd, graduation took place on December 8th.
I will be applying for visa on December 1st, does that make more sense?
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geriatrix
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by geriatrix » Thu Oct 07, 2010 3:53 am
In that case, IMHO you must apply within 12 months of the degree being awarded (not within 12 months of attending the graduation ceremony).
regards
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bw3
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by bw3 » Thu Oct 07, 2010 1:47 pm
sushdmehta
SO with the timing not working out, due to the matienence fees not being in my account for 90 days by October 22nd, what do you suggest doing?
Like I said I have the job and really need to get to the UK asap, but need to wait until Dec. 1st to offically apply for the visa.
Please advise.
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geriatrix
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by geriatrix » Thu Oct 07, 2010 2:22 pm
For your application to be approved, you must fulfil all requirements (including
maintenance funds).
regards
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bw3
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by bw3 » Thu Oct 07, 2010 2:32 pm
I relize this, but what I am asking is their any other routes I can take? I am content with applying in December but if the post graduate tier 1 route doesnt work out, what other route could I possibly use.
ie: Other tiers???
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geriatrix
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by geriatrix » Thu Oct 07, 2010 3:11 pm
Tier 2, if your employer agrees to sponsor you.
regards
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psychic
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by psychic » Thu Oct 07, 2010 4:56 pm
Since I beleive your situation, I can give you 2 suggestions:
1. Apply for PSW with Dec 8 as date of degree. Check the box which says your degree was not awarded 12 months back. Hope the caseworker does not notice that it is your date of graduation. If they reject it, in your appeal, you can argue that it was a mistake and also state that you have your girlfriend here and do not want to be separated. However I must warn that you cannot leave the country until your appeal gets over.
2. Apply with the correct date and add a cover letter in which you explain your situation(add that it was a genuine error in calculating the dates) and that you dont want to get separated from your girlfriend.
Since you are a US citizen, the caseworker might consider.
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bw3
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by bw3 » Thu Oct 07, 2010 5:49 pm
psychic,
Thank you for your opinion. I think I will defintely try to do that. You have giving me the most sincere and honest answer. Your help is greatly appreciated.
Fingers are now crossed and I will apply on the 1st of December.
BW
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geriatrix
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by geriatrix » Thu Oct 07, 2010 7:54 pm
Out of country PBS application decisions do not have full right of
appeal. Only an
administrative review can be requested.
And your degree does state the date of sward, which a caseworker cannot miss unless he/she is real dumb (but you can hope for it to happen).
regards
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bw3
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by bw3 » Fri Oct 08, 2010 1:54 am
What if I applied now, and provided a cover letter stating I could show proof that the money will be in my account after I arrive in the UK for 3 months? It's been in there for 41 days now.
Obviously I will have a high skilled job with a steady income and I dont plan on moving the 2800 British pounds from my account anytime soon.
Therefore I would have applied before the October 22nd which is a year since my degree was awarded. Just a thought.
Please give me an opinions and does being American play a role????
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geriatrix
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by geriatrix » Fri Oct 08, 2010 12:18 pm
bw3 wrote:does being American play a role????
No.
regards
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psychic
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by psychic » Fri Oct 08, 2010 12:20 pm
@sushdmehta I realised only after your post that he is applying from the US. That means no appeal.
@bw3 You being a US citizen does not play any role with respect to rules. There might be a chance of the immigration officer deciding that you are not coming into the country for becoming a citizen like ppl from many poor countries do.
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geriatrix
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by geriatrix » Fri Oct 08, 2010 12:36 pm
psychic wrote:@bw3 You being a US citizen does not play any role with respect to rules. There might be a chance of the immigration officer deciding that you are not coming into the country for becoming a citizen like ppl from many poor countries do.
Approval of leave to enter is based on the immigration rules being complied with, and not whether ECO thinks that an applicant is not intending to become a UK citizen because he comes from an developed / rich country or whether the Tier 1 (PSW) applicant has a girlfriend in the UK.
No point in giving suggestions that make no sense and have no relevance to the case.

regards
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bw3
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by bw3 » Fri Oct 08, 2010 2:12 pm
So what if I do want to become a citizen?
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geriatrix
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by geriatrix » Fri Oct 08, 2010 2:24 pm
bw3 wrote:So what if I do want to become a citizen?
You may, subject to the requirements being fulfilled, but whether or not you wish to become a British citizen in future is irrelevant to a PBS application.
BTW, in case you didn't read the policy guidance carefully, time spent in UK as Tier 1 (PSW) migrant doesn't count towards settlement (economic migrant route to settlement).
regards
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psychic
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by psychic » Fri Oct 08, 2010 9:19 pm
sushdmehta wrote:psychic wrote:@bw3 You being a US citizen does not play any role with respect to rules. There might be a chance of the immigration officer deciding that you are not coming into the country for becoming a citizen like ppl from many poor countries do.
Approval of leave to enter is based on the immigration rules being complied with, and not whether ECO thinks that an applicant is not intending to become a UK citizen because he comes from an developed / rich country or whether the Tier 1 (PSW) applicant has a girlfriend in the UK.
No point in giving suggestions that make no sense and have no relevance to the case.

regards
Honestly, are all applications evaluated strictly by rules? I dont mean to say rules are by passed always, from my personal experience, a caseworker has a lot of influence with repect to any single application.
If it was not clear earlier, my suggestions are purely luck dependant and to be undertaken only if there are no other options

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bw3
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by bw3 » Sun Oct 17, 2010 2:06 am
Any more thoughts on this? Should I apply under tier 1 post graduate and attach a cover letter on December 1st?
Should I apply before October 22nd?
Or should I go to tier 2 and ask my employer for a sponsor? If i choose to do tier 2, how long does it take if I pay the extra money to speed the process up.
I was told tier 1 post grad only takes 48 hours if you pay the speed up fee.