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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2089
Experience:  I am a qualified solicitor and an expert in UK law.
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hi, i have student visa right now, but i have applied for psw

Resolved Question:

hi, i have student visa right now, but i have applied for psw last year which was refused, then i applied for judicial review, i still didnt get any reply from ukba.

now i got job offer in tier 2, can i switch into that . i have got master degree from uk.
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 9 months ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

If your initially PSW application was submitted prior to your student visa running out then your permission to remain in the UK has been extended until you have exhausted all appeal rights.

At the moment in time if your Judicial Review is still pending then your previous student visa has been extended until its outcome. If you feel that your judicial review application does not have a chance of success then what I would suggest you do is write to the home office ( if you have instructed a solicitor as him to write to them) asking them to sign a consent order that you are willing to withdraw the Judicial review on the basis that they allow you to submit your Tier 2 application.

Although as explained above your permission to remain in the UK has been extended and there should not be anything preventing you from applying for a Tier 2 visa, it is better to get a confirmation in writing from the home office that they will consider your tier 2 application prior to withdrawing your Judicial review.

You can then submit the consent order with your application for a Tier 2 visa knowing that you have been given permission to apply from the home office in writing and that it will be considered.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 9 months ago.

hi they didnt extend my student visa, i have student visa till next year, when my psw been refused they said my student still valid till its expire. THATS WHY THEY DIDNT GIVE ME RIGHT OF APEAL,


then i decided to for J R, and i am still waiting to hear from ukba.


 


now i got job offer teir 2, everything is ready. can i switch to teir 2 from student without taking consent order. as i have got valid student till nxt year.


many thanks

Expert:  UK_Lawyer replied 9 months ago.
Thank you for your reply.

If your student visa is still valid and you have been studying your course and attending college/university, then yes you can switch to a Tier 2 visa without the consent order as your previous permission is still valid.

You can state to the home office and the judge why you wish to withdraw your judicial review and then submit the application. You must ensure that you withdraw the Judicial review before applying.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 9 months ago.

there is another problem now my college is no more on ukba list now .can i still apply

Expert:  UK_Lawyer replied 9 months ago.
Thank you for your reply.

If you college is no longer on the Tier 4 licence register then you should obtain consent from the home office before applying.

You do not want it be the case where you withdraw the Judicial Review and the home office view you as an over stayer because your college is no longer on the register and you have not switched your college or made any attempts to switch.

I therefore suggest that you obtain in writing from the home office that they will consider your tier 2 application before withdrawing your judicial review.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 9 months ago.

thank u for help, can u plz tell how long it takes to get consent letter from ukba.


many tanks

Expert:  UK_Lawyer replied 9 months ago.
Thank you for your reply.

The home office usually sends a consent letter very quickly because they are also wasting valuable resources by taking the case to the high court for a judicial review.

The persons dealing with the case on behalf of the home office are the Treasury solicitors, you or your representative need to write to the home office/treasury solicitors and ask them to reply to you. They are very efficient and should fax you a consent order in a few days for you and the home office to sign.

I hope this answers your question, if so kindly rate my answer positively.

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2089
Experience: I am a qualified solicitor and an expert in UK law.
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