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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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I have recently had my application for a Tier 1 Post Study

Customer Question

I have recently had my application for a Tier 1 Post Study Work Visa refused on the grounds that the my qualification is not liste in Appendix A of the Immigration Rules.

"You have provided a Post Graduate Diploma International Artist Diploma, in Conducting from the Royal Northern ollege of Music. The qualification you have provided must be either one of the following:
-United Kingdom recognised degree at Bachelor, Master or PhD level; or
-A postgraduate certificate in Education (PGCE) /Professional Graduate Dipoma of Education (PGDE); or
-A Higher National Diploma (HND) from a Scottish institution.

As the qualification you have provide is not on of the above qualifications, as stated in the policy guidance and in line with Appendix A of the Immigration Rules no points have been awarded."

They have given me the opportunity to appeal the decision. I did realise that this would be a tricky one. My qualification "Postgraduate International Artist Diploma, Conducting" from the Royal Northern College of Music is the highest performance degree the college offers, exceeding the level of a Masters degree. It is a two-year programme of study at level 7 of the National Qualification Framework.

Because it is a relatively new award there have only been two cases of Postgraduate International Artist Diploma graduates applying for a Tier 1 PSW visa. In both cases they have been successful (one of which has been processed in the past 6 months.)

Given these facts, what would be the best way to approach the appeals process?

Many thanks.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 5 years ago.

Awan-Legal : Hi
Awan-Legal : You should put in an appeal on these facts. Although you so not technically meet the immigration rules for the tier 1 post stuDy worker, this is one of tHose cases where the Home Office should certainly exercise discretion.
Awan-Legal : You should get a reference from the college and your tutors if possible highlighting the niche course and quality.
Awan-Legal : ALso do you have the details for the other cases that were successful? If so, include the specific details if possible. If the successful applicants are personally known to you, perhaps you could include copies of their decision and/or a letter from your college explaining that these were granted on the same basis.
Awan-Legal : Also, you should rely on The folLowing case: Mashud Kobir) v Secretary of State for the Home Department  [2011] EWHC 2515
Awan-Legal : In this case, The Judge’s recognition that the UKBA continues to have a discretion is important. The perceived absence of discretion within the points based system regime has become one of its trademark features – and this is a welcome reminder that the Secretary of State always retains a discretion. The Judge recalled Mr Justice Sullivan’s (now Lord Justice Sullivan) remarks in R. on the application of Teisha Forrester v. Secretary of State for the Home Department [2008] EWHC 2307, in which he said that the Secretary of State’s discretion must be exercised with a little common sense and humanity.
Awan-Legal : You may wish to get a solicitor Involved to help you with the appeal though as this one is outside the rules.
Awan-Legal : I hope that answers your questions. Please let me know if you have any follow up questions from the above. Please click accept on my answer and wishing you a merry Christmas.
JACUSTOMER-lqmb41hs- :

Many thanks for this. The UKBA have given me 10 working days to submit an appeal for the decision from Dec 19. However, because of the Christmas break there is no staff at the college until the New Year.

JACUSTOMER-lqmb41hs- :

The college internatinoal officer suggests I submit the appeal form stating this and that I applied in good faith and that I will supply the relevant documentation as soon as possible

JACUSTOMER-lqmb41hs- :

is this a good plan?

JACUSTOMER-lqmb41hs- :

Thanks and merry Christmas

Awan-Legal : Yes that is a good idea. You should submit the appeal before the deadline and confirm that documents are to follow. The 10 days are working days so I gave worked out the deadline as 6 January 2011.
Awan-Legal : The appeal will still be valid without the documents but you should submit these later anyway.
Awan-Legal : Thank you. Please click accept on my answer and kind regards.

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