PSW REJECTION

[baraiya_kanaiya]

Hi

A Big Thanks to this place for all the support and guidance.As we all have learnt/shared a lot from here, I would also like to put my case and would like to seek some help/advice/suggestion.

My case is very straight with one fall i.e. I was awarded degree after 4th April 2012

I was on a student visa in this country and did MSC from a reputed University.

PSW applied - 2th April 2012

Visa expired - 30th JUNE 2012

Degree awarded - 06 JULY 2012

Degree sent ukba - 1st JUNE 2012

Bio metric done - 15th August 2012

Application rejected - 29th September.

Appeal lodged - 5st October

I applied for PSW with all the documents except my degree certificate, thinking that its better to get enrolled before the scheme dissolves.

UKBA gave me resone as belowe
I haven't claimed 15 points because my award of eligible qualificaion is 06 july 2012.

The determination in NO(Post-Study Wokr - award need be date of application) Nigeria[2009] UKAIT 00054 supports the position that the appliacant must have been awarded the qualifacation at the date of appliaction.



Is there any chance of winning this life changing case or anything I can do more to get this sorted.

Many thanks in advance and I would be grateful for any kind of help.

Best Regards,

MIG
_____________

[Deepshithole2010]

Sadly in your case the answer is NO. The date of award needs to be before your application. With the scheme being closed you cannot pursue a new application. You can go for an appeal but there is every chance that you wont succeed.

If you are in UK you need to look at other immigration category if you are outside UK then your choice is very limited and I would advise to look for other country.

[baraiya_kanaiya]

Thank for help.

My solicitor told me like as Nigeria[2009] UKAIT 00054 that law tall as when ukba going to take decision of your application that time they must have all document with them. my solicitor going to court though this point.

when ukba took decision on 25 September 2012. that time they had all document.

but i am not sure for any law.

thank a lot for your help.

[bobobo]

Not sure if that will help as HO clearly stated that the qualification should have been "awarded" prior to application, not before when they make the decision. When you applied you did NOT qualify and this is enough for the HO to win in all cases where degree awards were sent after the close of the PSW route. I am sure you are not alone there are plenty of people in the same situation but I dont see a JR that would prove the HO wrong

Thank for help.

My solicitor told me like as Nigeria[2009] UKAIT 00054 that law tall as when ukba going to take decision of your application that time they must have all document with them. my solicitor going to court though this point.

when ukba took decision on 25 September 2012. that time they had all document.

but i am not sure for any law.

thank a lot for your help.

[Greenie]

Would suggest you read this case:

http://www.bailii.org/uk/cases/UKUT/IAC ... istan.html

[sam1983]

please check the link below


www.immigrationboards.com/viewtopic.php?t=114460

[bhumit26]

Hi

I am also in the same boat. Can you please provide me any best solicitor's number who can definitely get me out of this.

[baraiya_kanaiya]

My appeal hearing was on 21 Nov 2012. I got letter from court today. Court dismissed my appeal as given reason. It is invalid application. You had to submit your result at a time of application not after.

[sam1983]

My appeal hearing was on 21 Nov 2012. I got letter from court today. Court dismissed my appeal as given reason. It is invalid application. You had to submit your result at a time of application not after.

Sorry to hear the news. I tried to PM you my details. Its not going through. can you please PM me your details.

[Tobacco26]

Hi all..M also on the same boat that sent my result aftr 5th April 2012.

But my case is different in a way that I submitted my dissertation in Jan 2012 and my college gave me a course Cmpletion Letter where it was stated that your result would be announced before the end of March 2012...but unfortunately me and some of my other classfellows were not given result till 5 April....some of classfellows luckily got their result and at the end got PSW as well.....
Dont u think it is totally unfair that we were all in same class and same session and submitted dissertation bfore dedline.....nd sme gt result and psw but we got nothing excet result ???
Just unfair...isnt it???
Can anybdy help regarding that??
M going to appeal against this decision anyway