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IGS -> Student -> PSW <-> Complicated - :(

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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sjunejo
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IGS -> Student -> PSW <-> Complicated - :(

Post by sjunejo » Mon May 31, 2010 2:08 pm

Hi,

I have complicated query for this forum. The schenario is that I had an IGS visa till April 2009 and then I switched back to student for further studies which is granted till Jan, 2011. Course I studied is eligible for PSW (its a complete maters degree). Now I am wondering that am I applicable to apply for a PSW? Or what should I do? :shock:

Please let me know if you need more elboration.

Thanks,

--

SJunejo

PaperPusher
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Post by PaperPusher » Mon May 31, 2010 5:23 pm

No you are not eligible for PSW because you have been on IGS. People on IGS could extend to get a further year on PSW, but that is it. It is a once in a lifetime visa and you have had it once.

kbriaz
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IGS to PSW transitional arrangement

Post by kbriaz » Fri Jun 11, 2010 8:05 pm

PaperPusher wrote:No you are not eligible for PSW because you have been on IGS. People on IGS could extend to get a further year on PSW, but that is it. It is a once in a lifetime visa and you have had it once.
Hmmmm, and what about IGS to PSW transitional arrangement ?

potterbond007
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Re: IGS to PSW transitional arrangement

Post by potterbond007 » Sat Jun 12, 2010 7:14 am

kbriaz wrote:
PaperPusher wrote:No you are not eligible for PSW because you have been on IGS. People on IGS could extend to get a further year on PSW, but that is it. It is a once in a lifetime visa and you have had it once.
Hmmmm, and what about IGS to PSW transitional arrangement ?
The applicant should have applied for the same as soon as the 1 year IGS period was over..

kbriaz
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Re: IGS to PSW transitional arrangement

Post by kbriaz » Sun Jun 13, 2010 9:40 pm

potterbond007 wrote:
kbriaz wrote:
PaperPusher wrote:No you are not eligible for PSW because you have been on IGS. People on IGS could extend to get a further year on PSW, but that is it. It is a once in a lifetime visa and you have had it once.
Hmmmm, and what about IGS to PSW transitional arrangement ?
The applicant should have applied for the same as soon as the 1 year IGS period was over..
Do you have a tangible or intangible evidence to support your argument i.e immigration rule stating that people who were only given 1 years IGS will be denied their rightful secound year if they went back to tier 4 ?

My perception is that IGS to PSW transitional arrangement was put in to place for thoese people who where only given 1 year IGS visa, it is with in their right to claim the 2nd year as long as they claim all the points.

Please advise - thanks.

tuliprose
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Re: IGS to PSW transitional arrangement

Post by tuliprose » Mon Jun 14, 2010 1:46 am

Following is the evidence, which has been copied for you from UKBA website. I am also in same boat and cann't apply for psw again.

*Please read the following carefully which is in bold letters.


Tier 1 (Post-Study Work) migrants
245V. Purpose
The purpose of this route is to encourage international graduates who have studied in the UK to stay on and do skilled or highly skilled work.

245W. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Post-Study Work) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245X. Requirements for entry clearance
To qualify for entry clearance as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.

(b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme), or as a Participant in the Fresh Talent: Working in Scotland Scheme.

(c) The applicant must have a minimum of 75 points under paragraphs 51 to 58 of Appendix A.

(d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.

(e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.

(f) If:

(i) the studies that led to the qualification for which the applicant obtains points under paragraphs 51 to 58 of Appendix A were sponsored by a Government or international scholarship agency, and

(ii) those studies came to an end 12 months ago or less the applicant must provide the unconditional written consent of the sponsoring Government or agency to
the application and must provide the specified documents to show that this requirement has been met.

245Y. Period and conditions of grant
Entry clearance will be granted for a period of 2 years and will be subject to the following conditions:

(a) no recourse to public funds,

(b) registration with the police, if this is required by paragraph 326 of these Rules, and

(c) no Employment as a Doctor or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System.

245Z. Requirements for leave to remain
To qualify for leave to remain as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. Subject to paragraph 245ZA(i), if the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) migrant.

(c) The applicant must have a minimum of 75 points under paragraphs 51 to 58 of Appendix A.

(d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.

(e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.

(f) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

(i) as a Participant in the Fresh Talent: Working in Scotland Scheme,

(ii) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),

(iii) as a Student, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,

(iv) as a Student Nurse, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,

(v) as a Student Re-Sitting an Examination, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,

(vi) as a Student Writing Up a Thesis, provided the applicant has not previously been granted leave as a Tier 1 Migrant or in any of the categories referred to in paragraphs (i) and (ii) above,

(vii) as a Tier 4 Migrant, provided the applicant has not previously been granted leave as a Tier 1 (Post-Study Work) Migrant or in any of the categories referred to in paragraphs (i) and (ii) above, or

(viii) as a Postgraduate Doctor or Dentist, provided the applicant has not previously been granted leave as a Tier 1 (Post-Study Work) Migrant or in any of the categories referred to in paragraphs (i) and (ii) above.

(g) An applicant who has, or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme must be a British National (Overseas), British overseas territories citizen, British Overseas citizen, British protected person or a British subject as defined in the British Nationality Act 1981.

(h) If:

(i) the studies that led to the qualification for which the applicant obtains points under paragraphs 51 to 58 of Appendix A were sponsored by a Government or international scholarship agency, and

(ii) those studies came to an end 12 months ago or less the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.



245ZA. Period and conditions of grant
(a) Leave to remain will be granted:

(i) for a period of the difference between 2 years and the period of the last grant of entry clearance, leave to enter or remain , to an applicant who has or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme, as a Participant in the International Graduates Scheme (or its predecessor the Science and Engineering Graduates Scheme). If this calculation results in no grant of leave then leave to remain is to be refused;

(ii) for a period of 2 years, to any other applicant.

(b) Leave to remain under this route will be subject to the following conditions:

(i) no access to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no Employment as a Doctor or Dentist in Training, unless the applicant:

(1) has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System; or

(2) has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting their employment, and has been employed during that leave as a Doctor or Dentist in Training.

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Re: IGS to PSW transitional arrangement

Post by potterbond007 » Mon Jun 14, 2010 8:09 am

kbriaz wrote: Do you have a tangible or intangible evidence to support your argument i.e immigration rule stating that people who were only given 1 years IGS will be denied their rightful secound year if they went back to tier 4 ?

My perception is that IGS to PSW transitional arrangement was put in to place for thoese people who where only given 1 year IGS visa, it is with in their right to claim the 2nd year as long as they claim all the points.

Please advise - thanks.
I hope you are satisfied, the paragraph that rose posted here has effectively ruled your argument out..

kbriaz
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Re: IGS to PSW transitional arrangement

Post by kbriaz » Tue Jun 15, 2010 1:15 am

potterbond007 wrote:
kbriaz wrote: Do you have a tangible or intangible evidence to support your argument i.e immigration rule stating that people who were only given 1 years IGS will be denied their rightful secound year if they went back to tier 4 ?

My perception is that IGS to PSW transitional arrangement was put in to place for thoese people who where only given 1 year IGS visa, it is with in their right to claim the 2nd year as long as they claim all the points.

Please advise - thanks.
I hope you are satisfied, the paragraph that rose posted here has effectively ruled your argument out..


Fare point, I have gone through these rules beforehand & they do
state clearly that:

i) If one has already been part of IGS (which was finally a 2 year scheme) or similar they will be denied PSW.

However when IGS first started it was a 1 year scheme, then duration
was extended to 2 years, soon after it emerged as a new product called
PSW hence IGS to PSW transitional arrangement was put in to place for
thoese applicants who initially applied but were only given 1 year leave



I myself have come across a number of people who extended their IGS
to PSW via the transitional arrangement, of course they applied straight
after.

If rules posted above apply then IGS to PSW transitional arrangement is
not valid, which we all know is not true because it does exist.

I Must be blind, but where does it state in the response posted above that
1 year IGS holders will be refused IGS to PSW transitional arrangement
if they went back to Tier4, that would be discrimination right ?

Items highlighted in bold are my main concern.

Awaiting your response - many thanks.

P.S Rose did you ask for your 2nd year of IGS or PSW after you went back to Tier4 ?

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Post by PaperPusher » Tue Jun 15, 2010 4:40 am

245xb

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