Erroneous PSW visa refusal affecting switching to Tier 1

[Jay_707]

I will be eligible to apply for ILR under long residence in September 2011 under current rules. I entered the UK as a student back in 2001 and been a student until 2008. I completed a MBA in 2008 and currently on post study work visa.

My initial PSW visa was refused, wrongfully (as decided in Pankina case) in March 2009 because my bank statements did not show a continuous balance of £800 for three months prior to application. I appealed and won the appeal. I got my PSW visa stamped in September 2009 until Sep 2011. I was hoping to switch to Tier 1 General Highly Skilled straight after 12 months (in March 2010) of obtaining PSW but unfortunately this whole process was delayed because of the refusal and the point system changed in the meantime in April 2010. Now, I have to show a much higher income (£65,000). Had my visa was not refused erroneously and I was able to switch in March 2011 I only had to show £32,000 to score the necessary points. I gain 35 points for MBA, 5 for UK experience and the balance points I have to score from income. My question is, would I be able to apply under March 2010 points system because the delay was due to wrongful refusal? Would HO exercise their discretion in my favour and condider my aplication under previous point system (before April 2010)?
The impact of this initial PSW visa refusal means I may have to leave the UK, after 10 years of lawfull residence if I am not able to switch to T1- Highly skilled before it is discontinued in April 2011 and also if the 10 year long residency rule changes before September 2011. Any advice?
Many thanks
Jay

[geriatrix]

The requirements one must meet are those that are in force / applicable on the day of the application.


regards