PSW application has been refused pls HELP urgent

[flight55]

Hello guys

I applied for psw visa and application was refused coz my visa has expired during my studies last year,

My visa has expired on 30th NOV 2010 and my course has ended in July 2011
I overstayed in UK for 8 months however my stay during that period was legal, coz i was on the appeal case. The officer said she did not satisfy that i wasnt legally a student during my studies. I did not apply student visa I applied the visa called ECAA, THIS IS BUSINESS visa for turkish citizens howevr you can be a student while on this visa. So should i go for administrative rewiev or not? because my solicitor also said i was legal there and on i was my previous status which is student while i m was n the appeal case. what to do now what kind of reason should i give them to consider my app again,,?? thank u guys but i need urgent help

plz reply this will be much appreciatedd

[flight55]

and i have all the documents/ letters with HO and tribunals which prove that my stay during this period was legal

[geriatrix]

Were you also employed / self-employed when you were in UK under ECAA? Or just studying full-time?
What was the outcome of the appeal?
When was the appeal decision communicated to you?
When did you apply for PSW leave?

[Greenie]

Were you also employed / self-employed when you were in UK under ECAA? Or just studying full-time?
What was the outcome of the appeal?
When was the appeal decision communicated to you?
When did you apply for PSW leave?

There is more information in this thread

[Greenie]

my visa expired on 30th November 2010

applied visa on 20th December 2010 to HO ( i applied for a visa type fot turkish nationals only and u can apply that type of visa within the 28 days of your visa expiry date I applied that one because i didnt want to risk it it was my final year of studies so if i applied for student visa they would have banned me and i wouldnt be able finish uni. it was a very stressful year but at least i finished now )
I heard from them (rejection ) on 2nd February 2011

I appealed to the first tribunal on 16th of May and then I heard from them on 6th of May (appeal was rejected too )

I made the appeal within 5 working days ( 12th of May ) to upper tribunal and I ve heard that thy approved and i was waiting for the hearing date but i did withdrawn it on 3rd august and left the country on the same day

so he is exact days I am wondering would they reject it as the visa expired on 30th november 2010 during studies eventhough my stay was legal. Because one of the requirement of PSW is ur immigration status

how would that affect me .

Many many thanks for ur concern

I am not sure I understand how you were given a right of appeal. Whilst ECAA applications are usually considered under the standstill clause if the applicant applied within 28 days of their visa expiring, this would not usually result in a right of appeal unless it was accompanied by a decision to remove and it would not stop the clock on you overstaying just like for any other migrant who applies to extend/switch out of time. The application may be considered and could be granted despite the overstay (depending on the category) but it does not stop the fact that you are overstaying.

Your dates seem to be mixed up

You say you were refused on 2nd February, but appealed on 16th May, but heard from them on 6th of May (appeal was rejected too ) and made the appeal within 5 working days ( 12th of May ) to upper tribunal

If you were refused on 2nd Feb with a right of appeal then the deadline to appeal would've been 10 days after receipt of this refusal, however you say you appeal on 16th May (3 months later) but heard the decision on 6th May (10 days before)??

[flight55]

hi greenie

sorry i mixed up the dates.

visa expired on 30th nov 2010 i applied ECAA on 20th dec 2010.

yes i was given right of appeal coz ECAA applications are treated different than others. If I applied student visa after visa expiry date i would not have given the right of appeal.
i got refusal on 2nd feb 2011 and i appealed within 10 working days on 16th feb. 2011. the i ve heard the decision of appeal on 6th may and then appealed to hight court within 5 working days , while i was waiting for the hearing date i withdraw the appeal and came to my home country. I did everything on time according to law. and i got my refusal from HO last week. im outside the UK, and i was on student visa all these time. so should i go for administrative review

thanks alot :(

[Greenie]

See page 19 of this document

What did the notice of decision say - what was the immigration decision?

As far as I understand it, ECAA applications can be considered if the person has overstayed, but that doesn't mean they will attract a right of appeal unless the refusal is accompanied by an immigration decision (usually a decision to remove). If someone applies for leave to remain out of time then a refusal will not usually attract a right of appeal because a refusal of leave to remain when a person has applied an overstayer is not an immigration decision.

The fact that you can apply as an overstayer doesn't mean you are not an overstayer.

It is unclear why you got a right of appeal but even if you did, if you applied out of time, then you overstayed from when your visa expired to when you left the UK regardless of the appeal - that's my understanding.

[flight55]

to sushmenta

I was on student visa not under ECAA. i was waiting for the hearing date from upper tribunal. but i did not go for it . i came back to my home country on 3rd august and just the day after my solicitor had withdrawn the appeal.

and i applied psw on 25th october 2011 from my home country.

i got the reply last week. i want to try administrative review even if the chances are low. what kind of reasons should i give them

thanks alot

[flight55]

to greenie

the decision is that

immigration officer said she is not satisfied that i was there in UK legally as a student after my visa expired thats why she did not give 20 points for immigration status.

[Greenie]

to greenie

the decision is that

immigration officer said she is not satisfied that i was there in UK legally as a student after my visa expired thats why she did not give 20 points for immigration status.

I am talking about the decision to refuse your ECAA application - what was the relevent immigration decision (not the reason for refusal). What did the notice of decision say?

[flight55]

to greenie

yes but last year was my final year and i did not want to risk my school. i was going to apply for student visa and i consulted solicitors. they said i will not get right of appeal if i apply student visa after expiry of the visa. However, if i apply ecaa i will be able to stay until i finish my studies because i will get right of appeal if i apply within the 28 days of visa expiry date, thats why i went for it may be its new in law. and it did happen. i got appeal right.

For ECAA if you aplly within 28 days of exp. it is consideres same as the on tume applications.

[flight55]

ok deciision said for ECAA.

I have applied as nanny and i was studying pharmaceutical science,
they couldnt set any relationship between these two. and also the business plan was lacking in the application

[Greenie]

to greenie

yes but last year was my final year and i did not want to risk my school. i was going to apply for student visa and i consulted solicitors. they said i will not get right of appeal if i apply student visa after expiry of the visa. However, if i apply ecaa i will be able to stay until i finish my studies because i will get right of appeal if i apply within the 28 days of visa expiry date, thats why i went for it may be its new in law. and it did happen. i got appeal right.

For ECAA if you aplly within 28 days of exp. it is consideres same as the on tume applications.

I really cannot see that anywhere - applications are considered but that does not mean they attract a right of appeal. Please point us to where it says this in the guidance/rules.

Please answer the question - what was the immigration decision - what did the refusal say as to the relevent immigration decision that attracted a right of appeal - was it a decision to 'refuse to vary leave to remain' or was it a 'decision to remove'

[Greenie]

ok deciision said for ECAA.

I have applied as nanny and i was studying pharmaceutical science,
they couldnt set any relationship between these two. and also the business plan was lacking in the application

i don't mean the reason for the refusal, I mean what was the 'immigration decision' what did it say at the top of the refusal letter or on the accompanying notice of decision?

[flight55]

ok will check the letter and tell you what it is exactly