UK Immigration Law
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Thank-you for your question. I am a practising immigration barrister with over 10 years experience in UK immigration law.
I understand that you will be applying for an extension of stay as a Tier 1 (PSW) Migrant on 15 November 2010. As to your immigration history, in my opinion the gap in your leave to date will not affect your application. Since you will be applying under the Points Based System, you will have to pass a points-based assessment. You will be awarded points for attributes (which are a United Kingdom qualification, study at a United Kingdom institution, your immigration status during United Kingdom study and/or research, and the date of award of the qualification), English language and maintenance funds. Provided that you score enough points then you will be granted leave to remain as a Tier 1 (PSW) Migrant. The gap in your leave is not relevant to the points-based assessment. It is open to the UKBA to refuse PBS applications for an extension of stay where any of the general grounds for refusal of leave to remain in rule 322 of the Immigration Rules apply, however having a 1 month gap in leave is not one of the grounds. In fact, it is even possible to make a PBS application at a time when you have no existing leave to remain in the UK. This follows from the requirement that "The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain" in one of various categories, of which Student is one. If it is possible to apply for a PSW visa at a time when you have no existing leave in the UK then a previous gap in leave of 1 month cannot prevent you from making a successful application.
As to the second part of your question, the fact that you finished your course early will not affect your application. Applications for leave to remain as a Tier 1 (Post-Study Work) Migrant must be made within 12 months of obtaining the relevant qualification but if you apply on November 15 then you will satisfy this requirement.
When you apply for the visa you only need to answer the questions that are on the Tier 1 (PSW) application form and provide the information that you are asked for. If you have not done so already I suggest that you have a read through the current PSW application form and policy guidance. These are available here:
I hope I have answered your questions. Please kindly click the green ACCEPT button so that I may be compensated for my time. Thank-you and good luck with your application.
Thanks a lot for the answer. Letme ask you one more thing.
Is my leave to remain really valid now as some of my friends told me that you are supposed to leave the country four months after your course date(which is may 30th) . Please note that the leave to remain was granted till december 3st considering that I could complete my course only by august 31st. Lastly Is it better to show my employment contract in my application? Once again thankyou for your valuable time.
I am not aware of any rule that says you should leave the UK four months after the end of your course. As far as I am concerned you have valid leave to remain in the UK at the moment. If your friends can point to some legal authority for their view then let me know and I will take a look at it for you. In any event, even if I am wrong (which I don't believe I am) and you don't have leave currently, you can still apply under Tier 1 (PSW) without any current lave for the reason that I gave in my first answer.
As to your employment contract, you need to be careful here. If you are still here on student leave then you are only permitted to work for 20 hours per week during term time and full time during vacations. If you exceed this then you will be in breach of your conditions of stay. This could affect your PSW application. As I mentioned before, you only need to provide the evidence that UKBA asks for on the application form.
I have tried to be as helpful as possible so please click the green ACCEPT button so that I may be compensated for my time. Thank-you.
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