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what should i do now? Plz help

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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simplicity79
Junior Member
Posts: 84
Joined: Wed Apr 13, 2011 11:00 am
Location: UK

what should i do now? Plz help

Post by simplicity79 » Fri Aug 05, 2011 10:16 am

I had student visa which was not tier 4 and it was valid till jan 2011. My husband had student tier 4 visa valid till august so i applied while being in UK as his dependent which was refused in feb 2011. I was not aware of paragraph 319c(h) therefore i made an appeal in feb and it was heard on april and it was dimissed coz on the day of hearing i understood the paragraph 319 c(h). i came back to home country on 27th april and applied as tier 4 dependant which was again refused coz the entry clearance officer said that its overstay. However i had clearly mentioned that i had appelled and it was decided on 16th april thats why i came back to home country on 27th april. Now my further visa applications have been banned till april 2012. I need to know that my husband will make an application for PSW in september or october, may i make an application along with my husband as his dependant as my stay due to appeal which is counted by the entry clearance officer as overstay is not an overstay. Please guide me should i wait till april 2012 or i can apply with my husband. I have the letter of judge (determination) as an evidence that i had made an appeal which was decided on 16th april 2011. My first visa application was refused in feb and second was refused in july 2011.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Aug 05, 2011 10:56 am

If you made an in-time application, then your leave was extended under Section 3C until your appeal was finally dertimined. If you left within 28 days after that, then you should not have been subject to a 1 year ban.

If overstaying was the only reason for the latest refusal, then do appeal again, if you're within the time limit.
Last edited by vinny on Fri Aug 05, 2011 11:05 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

simplicity79
Junior Member
Posts: 84
Joined: Wed Apr 13, 2011 11:00 am
Location: UK

still confused

Post by simplicity79 » Fri Aug 05, 2011 11:01 am

i had initial leave to live as student till 31 jan 2011 i applied as PBS dependent before 31jan. I got decision in feb and 2 weeks time was given to make appeal i made appeal in the due course of time and it was heard on 8th april and i got the determination on 16 th april and i left uk on 26april. so i left before 28 day period after the appeal hearing which was on 8th of april.

then i made outside uk application as PBS dependant on 12th may which was refused and further applications were banned till april 2012

so now please guide me what should i do. My husband will apply for PSW in next month may i make an application with him or i should wait for april 2012.

if i can apply what documents i should submit to support my application in relation to above given matter. I have determination letter, is that sufficient

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Aug 05, 2011 11:55 am

If eligible then, I don't think that you have to wait, due to reasons given above. However, it may be better if you apply soon after he is granted PSW.

Proof of subsisting marriage may also be required.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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