How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Paul Richmond Your Own Question

Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
39918989
Type Your UK Immigration Law Question Here...
Paul Richmond is online now
A new question is answered every 9 seconds

Dear Sir, I recently graduated from University and started

Resolved Question:

Dear Sir,
I recently graduated from University and started working as a manager in a company. My leave to remain as a student expires this december 31st. So I am planning to apply for my PSW visa on November 15th. Now the there is something in my immigration history that is worrying me. I had my visa application rejected because of a new rule which came in place during my application process. Eventually I had to show the funds for another 1month period and apply again for which I was granted the leave to remain. Is that a problem that I have a gap in my immigration history though I didnot work during that period.
Also during my application I along with my research tutor had expected my course to be completed by August 2010( because an approval for the business model was required for successfull completion). But I was able to get the approval and completed my course by May30th( Eventhough I got time tiil june to submit the final dissertation) . Would this conflict in my UKBA records and affect my application? Should I mention these and that I got a job when I apply for the visa?
Please advice on what I can do to effectively get through the application process
thankyou
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Paul Richmond replied 3 years ago.

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:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier-1-post-study-work-for1.pdf and

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier1poststudyworkguidance2.pdf

 

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.

 

 

Customer: replied 3 years ago.

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.

Expert:  Paul Richmond replied 3 years ago.

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.

Paul Richmond, Barrister
Satisfied Customers: 138
Experience: LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
Paul Richmond and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience