British court’s ruling on post-study visa paves way for UK graduates

The British court’s decision to permit the post-study work (PSW) visa has paved the way for hundreds of UK graduates, who were facing deportation after their earlier applications were refused by the UK Border Agency (UKBA).

According to details, the British government last year announced to close the Tier-1 PSW, giving a deadline of April 5, 2012, to apply for the said visa.

As a result, a large number of foreign students, mostly from Pakistan and India, who had completed their academic courses but were awaiting degrees, also applied for the PSW in order to avail the opportunity to get the visa before the deadline expired. However, their visa applications were refused by the UKBA on the basis that at the time of their application the awarded degree or proof of their qualification had not been submitted. The affected students challenged the UKBA’s decision in the Upper Immigration Tribunal. Leading immigration lawyer Zane Malik represented the students in the court. Barrister Mailk submitted to the court that the UKBA decision was unlawful because the final results of the students were later sent to the UKBA prior to the decision on their cases, but the immigration officials had rejected the students’ visa applications.

In their ruling, Justice Black and Judge Coker of the Immigration Tribunal, said the application for further leave to remain in the UK should be treated as a continuing application, starting with the date when it was first submitted and ending on the date when it is decided. The judges, while allowing the appeal of the students, said that the UKBA officials had act unlawfully by refusing the visa applications of those students who had sent their award of qualification to the agency before a decision was made on their applications. The court also issued directions to the UKBA to immediately issue visas to the aggrieved students.

Legal experts say that the court ruling would have far reaching consequences, as all those students whose applications had been refused on the same ground are now eligible for the PSW visa. The Tier-1 PSW is a two-year visa for the graduates of UK educational institutions to work after completing their education. The visa has been closed to all new applicants from April 6, 2012.