tier 1 psw refusal urgent please

[queendee1985]

hello all
i applied for post study work visa on the 26th of july
student visa expired 31st of july
visa refused 19/08 that the letter from my university was not sufficient as the award was to be given 22/08
i recieved my certificate on 02/08.


question
1. should i make a fresh application since i am within the 10days to appeal
2. should i appeal at the same time because i have right of appeal.
3. i spoke to a lawyer dat says i still have leave under sec 3c of the immigration act and can make the application.

please i need your opinions

[Greenie]

You needed to have met the rules on the date of application and if you had not been awarded your degree on the date of application then you didn't meet the rules. An appeal is therefore likely to fail.

You can't make a further application whilst you have an appeal pending and nor can you make a further application whilst you are on 3c leave during the 10 days. In order to make a further application from within the UK you will need to overstay and therefore risk a ban in the future. Your other option is to leave the UK and apply from outside.

[queendee1985]

You needed to have met the rules on the date of application and if you had not been awarded your degree on the date of application then you didn't meet the rules. An appeal is therefore likely to fail.

You can't make a further application whilst you have an appeal pending and nor can you make a further application whilst you are on 3c leave during the 10 days. In order to make a further application from within the UK you will need to overstay and therefore risk a ban in the future. Your other option is to leave the UK and apply from outside.

Thanks for your response
I read some cases where application made after visa expires were granted and I have read the section 3c that says you can apply as long as it is not a variation application( applying for a different visa prior to the original application)
And I was already awarded but certifate wasn't ready at the time of application.

[Lucapooka]

I think you should re-apply. If you look at the rules none of the PBS categories hinge on the applicant having unexpired leave at the time of applying and case law has verified that many people in your situation, where the refusal is very recent, have been granted leave successfully after a refusal and with expired leave.

[queendee1985]

I think you should re-apply. If you look at the rules none of the PBS categories hinge on the applicant having unexpired leave at the time of applying and case law has verified that many people in your situation, where the refusal is very recent, have been granted leave successfully after a refusal and with expired leave.

Thanks, I plan to reapply on tuesday and also put in the appeal just to be safe. Please has anyone been in this situation?

[arsenal49]

u cant submit a new app.. while u have an outstanding appeal... and vice versa, to the best of my knowledge

[Greenie]

You needed to have met the rules on the date of application and if you had not been awarded your degree on the date of application then you didn't meet the rules. An appeal is therefore likely to fail.

You can't make a further application whilst you have an appeal pending and nor can you make a further application whilst you are on 3c leave during the 10 days. In order to make a further application from within the UK you will need to overstay and therefore risk a ban in the future. Your other option is to leave the UK and apply from outside.

Thanks for your response
I read some cases where application made after visa expires were granted and I have read the section 3c that says you can apply as long as it is not a variation application( applying for a different visa prior to the original application)
And I was already awarded but certifate wasn't ready at the time of application.

On what date were you awarded your degree? If on or before the date you submitted your application then appeal. Otherwise once an application has been refused it is not possible to make a subsequent application whilst on 3c leave. What case are you referring to that suggests otherwise?

If you submit another application while your appeal is pending they will just send it back to you.

[vinny]

See also 70.

Unfortunately, the submitted university's letter will be the deciding factor for a PBS appeal. Judge will determine if it's sufficient or not.

[Tier 4]

visa refused 19/08 that the letter from my university was not sufficient

Do you mind to share the details of that letter, what actually the letter says? To make it clear is it the mistake of University or Home office.

[queendee1985]

See also 70.

Unfortunately, the submitted university's letter will be the deciding factor for a PBS appeal. Judge will determine if it's sufficient or not.

just to let you all know, i won my appeal today. the judge said the ukba acted unfairly. now i can redraw my out of time application and get my money back.THANKS ALL