PSW Visa Eligibility
The client is currently exploring their eligibility for a Post Study Work (PSW) visa following the expiration of their student visa in early 2025. They filed a request for a fee favour to secure time for a resit and subsequently applied for Further Leave to Remain (FLR) shortly thereafter. The client received their university results a few days later. They are situated in Western Australia and are seeking clarification about their ability to apply for a PSW visa given these circumstances.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I apply for a Post Study Work Visa if my student visa has already expired?
To apply for a Post Study Work (PSW) visa, you must have a valid student visa at the time of your application. An expired student visa could affect your eligibility for the Graduate Visa. The Home Office typically requires you to have a current visa status when transitioning to a new visa category. You may need to consult immigration rules or seek professional advice to explore your options.
What are the potential implications of having an expired student visa when applying for a new visa?
Having an expired student visa can complicate your eligibility status for a new visa, such as a PSW visa. Being considered an overstayer could affect future applications and result in a re-entry ban, depending on the length of overstay. It's important to provide evidence of any valid circumstances that caused the delay in your application.
How might the timing of my FLR application affect my eligibility for the PSW visa?
The timing of your FLR application is crucial for maintaining your lawful status. If you applied for FLR after your student visa expired, you may have been without valid leave for a period, which can impact your immigration record and eligibility for a PSW Visa.
Do the dates of my exam results or any appeals affect my eligibility for a Post Study Work Visa?
The date you receive your exam results is crucial, as you must apply for the Graduate Route while holding a valid student visa. If your results were received after your visa expired, this could impact your eligibility.
Are there any specific documents or evidence I need to provide to support my PSW visa application given my current situation?
To support your Graduate Route application, you should provide a valid passport, your Confirmation of Acceptance for Studies (CAS) reference number from your previous student visa, proof of your successful completion of a UK degree, and any evidence of name changes if applicable.
