Permission to appeal for Psw Tier1>>Please Read and

[saady]

hi,
i ll try and make this post as short as possible.

i applied for Psw tier 1 on 7th of march 2011. it was rejected by HO and i lodged an appeal, i lost that too on 26th may 2011. i have now requested for permission to appeal which is also l likely to be refused.
here is the history of case:

1. i have been dragged into courts by HO since 2007. on 13th of march 2009 i won my appeal when HO revoked my visa in december 2008. HO then took 1 year and 9 months in issuing me the visa. i sent my passport when i received the letter in december 2010. they gave me three months visa (9th dec 2010-8th march 2011).

2. despite the fact that HO gave me visa for three months, i recieved it from my solicitor on 4th january 2011. (letter from solicitorwas sent to HO confirming that fact) it happend because solictors closed their office on 17th december 2010 for christmas holidays. by the time i received my passport i had 2 months and 4 days to prepare three months of bank statement. i had sufficient funds in december but spent it not knowing that i would have to use that month's bank statement.

3.Bad luck continued and i did not received my transcripts from university on time.(university of wales) i waited until the last day of my visa and applied with a letter confirming provisional outcome of my course.

All in all i was given 0 points under appendix A,B,C

In the appeal the judge acknowledged my circumstances but said he is bound by this law that started on 23rd of may 2011 that any new evidence given after this date on appeals heard for the first time will be rejected.
(my hearing date was on 26th may)

For maintenance he acknloedged the "INEFFICIENCY" of HOME OFFICE and said, i quote,"the shortcomings of current law are highlightend by this case" but dismissed under 245z ruling that i had not kept 800 pounds for full three months. How could i have done that when for half of the time passport was with HO and the other half it was making its way to me...how could i have known how much visa they have issued??

Judge said "it was apparent to me that appealent speaks fluent english but i am bound by the rule to look at the evidence given at the time of application". which is rightful!!!

How about other rightful things that HO had created such circumstances for me whereby i could not Prepare my application as other "STANDARD APPLICANTS" would have. by that i mean a "standard applicant" would have sufficient time to plan and prepare their application. HO certainly did not show" due care "

Judge had said in his judgment that HO knew the end date of my course and therefore only issued 3 months visa. however, my exams ended 17th december 2010. i know this for a fact that universities sometimes takes 3-4 months before issuing the transcripts. also, if they knew end date of my course how could they prevented me to attend my convocation which was on 7th may 2011. if they knew which i highly doubt, they gave me 2 months short visa.

i have now requested for permission to appeal on some of the grounds i have briefed here but i highly doubt they would accept it.

i'd like your sincere and capable advice in making a decsion.

1.shall i persue with the case??>>
2.shall i go back home apply for PSW from there, what are the chances???
( can furnish letter from employer)
3.Tier 2?
4. i still have to do masters, shall i apply as a student again??(PSW GOIN TO END IN APRIL 2012)

I AM VERY THANKFUL FOR UR TIME AND ADVICE,
Many thanks,
Saad Javed

[swiftworm]

Here is what I think.

1. You can pursue the appeals to the end if you think you have a chance of winning.

2. If you are definitely going to do a masters degree, you might as well apply for a fresh student visa. When you finish your masters degree, you can apply for your PSW without all these complications.

3. Most of the laws concerning immigration are designed to make life very difficult for people like you and I. They do not need to make sense, as long as they achieve their purpose for the Home Office. If you want to pursue the appeal, you have to play their game according to their rules. Just keep on appealing until you reach the high court. But then again, you might still lose.

In conclusion, I think choice two above is the best option for you.