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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
1. Why did you leave it so late?RiteshAryal wrote:Can you please share your ideas to resolve this issue.
Background
- New fee rule applies from 18 / 03 / 2016 ie. £1231
- To beat additional fee change (from 18/03/2016), AN Form sent on 16/3/2016 (Next Day Guaranteed Service - Royalmail).
- Fee paid was £1005 per person only.
- Royalmail failed to reached the destination (Liverpool office next day).
- Documents reached Liverpool on 18th / 03 / 2016 (instead on 17 / 03 / 2016)
Problem
- HomeOffice is asking for new fee because documents reached 1 day late and that is because Royal mail failed to reach on 17th / 03 / 2016 EVEN IF the documents was sent 2 days before.
Question
- Ignoring the fact that, the Royal mail did one day late delivery, should Home Office consider the date of receive is 17th by default?
- Should I ask Royal mail to compensate for being late to reached the destination on time ?
Elite please suggest your experience...
Thanks in advance.
Why would HO consider they received an application on 17 if they did not physically receive it until 18. It makes no sense.RiteshAryal wrote:...
Question
- Ignoring the fact that, the Royal mail did one day late delivery, should Home Office consider the date of receive is 17th by default?
- Should I ask Royal mail to compensate for being late to reached the destination on time ?
Elite please suggest your experience...
Thanks in advance.
Nope, nothing you can do re HO. Doesn't matter that it was not your fault. HO received it today and that will be the date of application and new fees will be applicable.RiteshAryal wrote:Do you guyz still have some suggestions to get away with this situation legitimately without end up paying extra fee offset. My main point of defence is : IT WAS NOT MY FAULT TO MAKE ONE DAY LATE DELIBERATELY...
It was your fault, you failed to exercise due diligence and relied on unsubstantiated assumptions about the Royal Mail's contractual obligations.RiteshAryal wrote: Do you guyz still have some suggestions to get away with this situation legitimately without end up paying extra fee offset. My main point of defence is : IT WAS NOT MY FAULT TO MAKE ONE DAY LATE DELIBERATELY...
Without guessing which part of the Immigration Rules you believe gives the OP hope...are you sure you're not confusing this with a visa application, where the date of posting qualifies as the date of submission? This isn't the case with a BC application where the Rules are different and the date of receipt by the HO is relevant. Unless submitted through the NCS, where it would be the day of attending the appointment.cbz001 wrote:Check this one. Looks like you should be fine.
https://www.gov.uk/government/uploads/s ... pdf#page40
Well it probably lifted the OP's spirits for a minute or two.cbz001 wrote:Oh I am sorry guys.....my bad.
Yes, user cbz001 is definitely confused as this document, page 40, specifically relates to visas and immigration rules and not nationality laws.Casa wrote:Without guessing which part of the Immigration Rules you believe gives the OP hope...are you sure you're not confusing this with a visa application, where the date of posting qualifies as the date of submission? This isn't the case with a BC application where the Rules are different and the date of receipt by the HO is relevant. Unless submitted through the NCS, where it would be the day of attending the appointment.cbz001 wrote:Check this one. Looks like you should be fine.
https://www.gov.uk/government/uploads/s ... pdf#page40
So unless at the time of posting the application, you purchased additional cover for consequential loss, you have no claim with Royal Mail for any consequential loss. At best, you will only be refunded the postage fee.Consequential Loss for up to £10,000 is available to purchase at the time of posting at an additional cost. Evidence of Consequential Loss purchase is required. Claims must be submitted within 14 days of posting.
Correct...as with my earlier post with section of Ts&CsWR1 wrote:To the OP, as you stated, you realised about the fee increase late and as such things were left to the last minute and its unfortunate that Royal Mail couldn't deliver on time.
You have no case with Home Office, the additional fee will have to be paid.
Just been reading some of the Royal Mail T&C's, they do offer consequential loss from their website:
So unless at the time of posting the application, you purchased additional cover for consequential loss, you have no claim with Royal Mail for any consequential loss. At best, you will only be refunded the postage fee.Consequential Loss for up to £10,000 is available to purchase at the time of posting at an additional cost. Evidence of Consequential Loss purchase is required. Claims must be submitted within 14 days of posting.
IMO, I would just put this one down to experience as it was all a last minute rush on your part as well, not just RM's fault. Yes, RM did mess up but there is not one courier company that has a 100% delivery track record.
Date of application, according to the rules, is the day the application was sent to Home office. The OP sent application on the 16-03-2016. Therefore application was made before the 18-03-2016.CR001 wrote:You will need to take it up with Royal Mail. What time did you post it on the 16th?
Date of application is the date that HO physically receives it. Whether your choice of mailing service messed it up is not HOs problem.
Chapter 6: general information wrote:6.3.3.1 The date of application is the date of its receipt by the appropriate "receiving authority", as explained in
paragraph 6.3.2, prescribed by paragraph 4 of the British Nationality (General) Regulations 1982 and 2003 as amended.
I have to disagree with you on this Obie. Whereas for visa applications the date of application is taken as the date of posting (or at a PSC), with British citizenship application it is the day the HO ( or the issuing authority, i.e NCS) receive it. Which is why an applicant must ensure they were physically present in the UK on the qualfying date corresponding the the date of receipt.Obie wrote:Date of application, according to the rules, is the day the application was sent to Home office. The OP sent application on the 16-03-2016. Therefore application was made before the 18-03-2016.CR001 wrote:You will need to take it up with Royal Mail. What time did you post it on the 16th?
Date of application is the date that HO physically receives it. Whether your choice of mailing service messed it up is not HOs problem.
Even people who applied on the 17-03-2016 will be covered.
I am puzzled how OP had received such swift reply within a day. In any event, the premise of the Home office contention is entirely flawed. There is no need for seeking compensation as the date of application is the date it was posted.