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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7613
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have a friend who has a post work visa and wants to extend

Customer Question

I have a friend who has a post work visa and wants to extend but she has been refused and asked to apply for indefinite leave .
She applied for the indefinite leave and has been refused what other option does she have as she was asked to appeal.
She has been in the country for 5 years.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
When does her current visa expire?
Who told her to apply for indefinite leave to remain?
Kind regards,
Tom
Customer: replied 2 years ago.

It expired in July and the lawyer she used advised her to ask for an extension on her visa to enable her apply for post -graduate studies.

the refused the application and advised her from home office she can apply for indefinite leave instead.

She applied with the help of the solicitor but it has been refused on the grounds of no family ties.

She has until the 6th of November to appeal.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m pretty confused here. If she was on a Tier 1 Post-Study Work visa then (although the visa category is closed now) these visas did not permit a person to apply for an extension of their visa. Instead they are expected to switch to another different category of visa or leave the country after the PSW visa period of 2 years expires.
Similarly, a PSW visa did not allow a person to apply for indefinite leave to remain at the end of it.
The only way that time spent on a Tier 4 adult student visa or PSW visa permitted to count towards applying for ILR is if the applicant is applying on the basis of 10 years legal leave to remain in the UK under the long residence rules. If she has only been in the UK for 5 years then your friend cannot do this.
Similarly if she is in the UK on her own and without child then there would be no human rights argument for her to get leave to remain or indefinite leave to remain at this point.
She really needs to address the above points to the lawyer she instructed because there might be facts of which I am unaware.
In the circumstances I cannot really see what grounds there are to appeal the current application and it’s likely that she would have to leave the country. However, if the application was made before her visa expires she could appeal it for the time being, attempt to switch to Tier 2 (https://www.gov.uk/tier-2-general/eligibility) I if she can find a licensed employer willing to employ her for these purpose, but it’s going to be really, really tricky.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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