psw (Oxford Brookes Uni) application was returned by UKBA

[kelamyne]

I applied for leave to remain under Tier 1 PSW on 20/06/2011 on the basis of ACCA fundamental levels and got refused. I appealed against the decision in the first tier tribunal and my appeal was not allowed in first tier tribunal and was given the right to appeal in the Upper tribunal which I did. And my appeal was heard before the judge in the Upper tribunal on 3rd of February 2012.

In the meantime, I received Bachelor Degree OBU on 28th of March 2012 from Oxford Brookes University and I intended to make a fresh application again as I have an academic degree now and I made sure all the requirements are met this time. . My other concern was that I had only few days as the PSW route was closing down from 6th April 2012 and I would not be able to make the application once I go beyond 5th of April 2012. To do so I contacted Tribunals about the updates of my pending appeal following the hearing held on 3rd of February 2012 and the possible date of the out come of the decision by the judge. This was to ensure that I could know the decision before the Tier 1 Route closes down from 6th of April 2012 and allow me to have time to make the new fresh application. The clerks were unable to help as there were no updates available on my case at that time. I addressed my circumstances and enquired about the withdrawal rules and procedure .i could not withdraw my appeal as my hearing was heard already and tribunal legislation would not allow me to withdraw my appeal. nor i could wait as psw was closing down.so i made the fresh application on 5th april and wrote a cover letter to the case worker explaining my circumstances.received ack letter on 20th may nd never received my biometric.in the mean time i received the determination from UTT and i didn pursue it further..as i already made the fresh application..and when evryone started to receive their biometric i contacted ukba about mine and they said it has been sent..bt i nvr received it..despite requesting several times i never received it..and i was told to write to ukba customer complaints and i did so and received a letter that they are delaing with it..finaly on 4th october they returned my application stating that i had a pending appeal..well i had bt i could not withdraw it..as it was already heard and i explained it on my cover letter..as they took 6 months to respond and by then my appeal was closed,i dont know what to do..i went to solicitiors and was advised for a JR i lodged it and nothing heard since october..i have qualified ACCA and just dont know what shall i do..shall i wait for the outcome or leave as it is taking long time..already been 2 years..any ideas about the merit of my case?

[Lucapooka]

I can't read this! When do the sentences start and end?

[kelamyne]

Time Frame ( Flowchart of the Dates of my immigration matter are as follows )

1. Tier 4 Visa expired: 21/06/2011

2. First Application for Leave to remain under Tier 1 PSW sent on : 20/ 06/2011

3. Application Refused by UKBA and Appeal Hearing in First Tier Tribunal : 07/09/2011

4. Appeal dismissed on first tier tribunal and permission to appeal to Upper tribunal granted in October 2011

5. Appeal Hearing in Upper Tribunal : 03/02/2012

6. Bachelor Degree received from Oxford Brookes University (collaborated with ACCA) In Applied Accounting based on ACCA result and research report on 28/03/2012

7. Based on the Degree from Oxford Brookes University Fresh application for leave to remain Under Tier 1 PSW on Variation was made on 05/04/2012 while awaiting determination from Upper tribunal.

8. Acknowledgement Letter received From UKBA of Fresh Application (Tier 1PSW ) on 18/05/2012

9. Determination from Upper tribunal received 25/05/2012 which was dismissed again and was told to apply for permission to appeal to Court Of Appeal against this decision within 14 days of receipt of determination.

10. Letter sent via post and fax to Upper tribunal to notify that a fresh application was made under tier 1 PSW and our decision to discontinue and not to pursue the appeal proceedings any further on 08/06/2012

11. Letter received from HM Upper Tribunals that appeal can not be withdrawn in respect of our request to discontinue the appeal on 13/06/2012 ( I believe there were some miscommunication between us and the clerk of the tribunal as the appeal case should automatically be closed as we did not pursue it further. Despite the request from us the tribunal wrongly said that the appeal can not be withdrawn as the determination has already been given.) No further communication took place regarding this issue with the tribunals.

12. Contacted home office and tribunals regarding the withdrawal of my appeal on 28/05/2012.

13. Contacted home office on 27/07/2012 regarding my biometric enrolment and updates of my application and was told that a Letter for biometric enrolment in regards to my fresh application was sent to my previous home address according to UKBA on 24/07/2012 which I never received and my reference number is wrong.

14. Made further communication with UKBA over the telephone from my home in regards to my biometric enrolment and updates on 06/08/2012 at 10.00am, 20/08/2012 at 10:21 am, 30/08/2012 at 10:30am, 07/09/2012 at 09:50am, 13/09/2012 at 09:30am and finally on 21/09/2012 at 10:14am and spoke to Anila, Jenny, Joane,Diana and Gabriala respectively. Each time I was told an biometric enrolment request has been sent to corresponding department and would take 10-15 working days. And finally on 13/09/2012 I was told to make a complaints to UKBAcustomercomplaints and sent an email to this email address on 17/09/2012 and to follow up when I contacted UKBA on 21/09/2012 I was given a fax number by UKBA and was told to fax them explaining my situation and a fax was sent on the same day at 16:23pm.

15. Complaints acknowledgement email received on 26/09/2012 which was attached with a letter.

16. Further letter received from UKBA on 03/10/2012 acknowledging my correspondence (FAX)

17. My fresh Application returned on 04/10/2012 stating as they are unable to accept the fresh application while my appeal was pending!