My visa expires Jan 31st. I will receive confirmation of my degree Feb 2nd. I would like everyone's opinion on the best option. Let me be clear that I want the safest option for securing the PSW visa. It seems I could:
A-apply from home (USA), but I have to wait until mid-March to apply, and there is a risk that the April announcement could cut off applications made from outside of the UK, or some other change that could restrict me from getting the visa
B- Apply from within the UK as an over-stayer. This is a complex matter, from what I have read, as the rules do say that you must apply under leave as a student. But I have read numerous cases online where the HO granted the PSW to students who applied after their visas ran out. From what I have read, if you have a solicitor submit for you, and all the documents are 100% correct, it looks like the HO is pretty lenient in granting the visa as long as you don't stay past the 28 day limit. Of course, there is a massive risk, though, because they could easily deny the application on the grounds that I applied as an over-stayer. A denial would mean I could not appeal and my PSW chance is completely finished.
C - I could apply before the 31st, and then on Feb second post a change of circumstances form with my letter confirming my award. I am hesitant to do this because, again, they could put two and two together and simply ask why I had to change my circumstances in the first place. The answer is obvious: I applied before I had my official result, which is against the rules and grounds for denial.
There is no formula. I have seen/read about cases in both options B and C where the HO has granted visas or denied them. I want to know advice of everyone here as to my safest bet. Is it worth the risk applying as an over-stayer? I emailed a firm, and a specialist wrote back, saying this:
'An out of time application would involve you overstaying by anything from a few days to a few weeks, depending on when we can secure a premium service appointment. The Public Enquiry Office (PEO) consider applications up to six months out of time (postal applications will be considered for those applicants more than six months out of time).
We have discussed your case on a 'no names' basis with a Senior Manager in the PEO and they have confirmed they will consider an out of time Tier 1 (PSW) application under the premium service.
The main risk to filing an out of time case is there would be no right of appeal against a refusal. However, as the application should not be refused simply because it is out of time, we would expect the application to be successful (assuming of course we can ascertain you meet the criteria and hold the required documents).
A refusal would result in you losing the application fee and you would need to ensure you leave the UK before 27 February to ensure you do not overstay by more than 28 days (therefore precluding you from returning to the UK for up to one year)'.
She made it sound like it is better than average chances to getting the visa as an over-stayer. But I don't know if it is worth the risk. Is it?
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
