psw permission to appeal to upper tribunal refused

drey2 · Post by **drey2** » Thu May 02, 2013 6:17 pm

Date Details of events
January 29th 2012 My visa was due to expire on 30th January. As I had not yet received my results for my course and did not want to become an ‘Overstayer’. I submitted an application to extend my student visa.I received my results for my March 30th 2012 Tier 1 Post Study Work (PSW) visa form and additional supporting evidence sent to Home Office due to change in circumstances.
April 11th 2012 Application for student visa rejected due to maintenance funds dipping below required amount by six pounds for a total of one day.
Appeal lodged as advised by lawyer.
Appeal rejected and decision on maintenance upheld.
July 12th 2012 Permission to appeal again was refused.
September 19th 2012 permission to appeal to upper tribunal refused
December 13th 2012 Post Study Work application returned as invalid due to appeal.
what i do not understand is

My PSW form, as well as all supporting documentation, for variation was kept from April until December- over eight months- before being returned to me. Had this variation been invalid why was it kept by home office for such a long period of time? Understandably Home Office does not deal with two applications at the same time and one cannot have both an appeal and an application at the same time. However, as has been mentioned previously, this was not simply a new and separate application. Even if it had been a new application (which it was not), what would have been the reason for keeping it for three months after the student visa application was rejected and had gone through two appeals and then rejecting it on the grounds of having an appeal lodged. If because of the appeal it had become invalid, why keep it? What this has in effect done, was lengthen the gap in my stay, the very thing that I wanted to avoid. and again
It was my understanding that while an application has yet to be decided, the applicant can, should his circumstances change, submit a new application if or vary the grounds of his application. However, given that my leave had by this time expired, my only option was to vary the grounds of my application. This was my intent as was stated in my Tier 1 PSW form which you ought to have on file and I believed was in the guidelines to do so, given that I had met all the requirements to vary my application. i was also refunded wrongly was paid refund for my student visa extension instead of psw .
PLS I NEED A GOOD ADVICE ON WHAT TO DO.

kelamyne · Post by **kelamyne** » Fri May 03, 2013 8:29 pm

are you seeking any legal advice?

drey2 · Post by **drey2** » Fri May 03, 2013 8:32 pm

none yet, just need legal opinions

Post by **Greenie** » Fri May 03, 2013 9:42 pm

Did you provide a covering letter with your psw application explaining that you wished to vary your application? Didn't you point out in your appeal that you had varied your application to psw?

drey2 · Post by **drey2** » Fri May 03, 2013 9:52 pm

yes i pointed it out,in the application form but not sure which page so i have requested for the data, SAR and 40 days past no reply , also letter before claim no reply, am been ignored, and obviously am been seen as illegal immigrant at this state.

Post by **Greenie** » Fri May 03, 2013 9:54 pm

Greenie wrote:Didn't you point out in your appeal that you had varied your application to psw?

drey2 · Post by **drey2** » Fri May 03, 2013 9:58 pm

i did in the appeal which i defended my self, but for some reason the judge was just particular about the tier 4 extension so it was dismissed but now i dnt know what step to take, m waiting for the SAR so i can have a better reason.

wasimraza121 · Post by **wasimraza121** » Fri May 03, 2013 10:32 pm

drey2 wrote:i did in the appeal which i defended my self, but for some reason the judge was just particular about the tier 4 extension so it was dismissed but now i dnt know what step to take, m waiting for the SAR so i can have a better reason.

Go back and apply for new visa. U can not extend any pbs acategory. U must have a valid visa to xtend in any pbs category.

Marrige is the other option.

drey2 · Post by **drey2** » Fri May 03, 2013 10:40 pm

its not the pbs extension it was the tier 4 extension, the psw was not looked at atal, was returned, i can even marry now as i have no status and sure seem illegal now...

wasimraza121 · Post by **wasimraza121** » Sat May 04, 2013 10:26 am

drey2 wrote:its not the pbs extension it was the tier 4 extension, the psw was not looked at atal, was returned, i can even marry now as i have no status and sure seem illegal now...

TIER 4 is UK Point Based System (PBS) visa category.

as well as Post Study Work (PSW) is also PBS category.

If your visa is extended by virtue of section 3c you can not make no new application until your first application has been decided.

You can marry a British citizen or EU citizen, but that's risky as well. You could be charged of sham marriage as you do n't have any valid visa to stay here.

Best thing is go back and apply fresh application.

drey2 · Post by **drey2** » Sat May 04, 2013 10:36 am

sorry , but would that not mean i may be banned for some years before i could come back in, and what do you mean sham marriage as my present girlfriend is pregnant but we are not married,would that not be considered under human rights.

wasimraza121 · Post by **wasimraza121** » Sat May 04, 2013 11:48 am

drey2 wrote:sorry , but would that not mean i may be banned for some years before i could come back in, and what do you mean sham marriage as my present girlfriend is pregnant but we are not married,would that not be considered under human rights.

you have to prove that you have been cohabiting for the last two years.

you can try for this. after 28 days from the judgement you will be overstayer.

destiny88 · Post by **destiny88** » Fri Jul 26, 2013 6:35 pm

HI

I would be so grateful if someone will help me with my case.

I appealled to First Tier Tribunal and Upper Tribunal and both have rejected permission to appeal stating that there is no right of appeal.

Now i want to know what are steps to take for me to fight against them. I want to know court of appeal or session but dont know about it. please tell me procedure for that. and any form to fill up.

thanks.

azizch · Post by **azizch** » Mon Jul 29, 2013 3:16 pm

If you have no right of appeal than you can go for judicial review only.

destiny88 · Post by **destiny88** » Mon Jul 29, 2013 4:58 pm

[quote="azizch"]If you have no right of appeal than you can go for judicial review only.[/quote]

I hear that if someone loss case in JR , then they have to pay for it large amount. is it true? and could you tell me process for it ?

destiny88 · Post by **destiny88** » Mon Jul 29, 2013 4:59 pm

[quote="azizch"]If you have no right of appeal than you can go for judicial review only.[/quote]

I hear that if someone loss case in JR , then they have to pay for it large amount. is it true? and could you tell me process for it ?

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psw permission to appeal to upper tribunal refused

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