Visa expired, application returned due to insufficient fee

[Rayray]

Hi, I am a Zimbabwean nationality. My visa expired sometime in september 2007 and i send in an application for extension under the gRADUATE SCHEME before the expiry of my visa about a week before. My payment didnt go through as i didnt have enough funds in my account, i received a letter from the home office with my documents back stating that the payment hadn't gone through and i needed to send in my application with the correct amount of money. Its now December and i havent send in my application back and my student visa already expired in September, do you recogn if i send my application again in January with the correct amount it will be accepted or is there any leeway for such applications? What advice would you give me?

Many Thanks

[douces]

dont worry that happen to my mom and it was ok

[sashank]

dont worry that happen to my mom and it was ok

Is it? Seek more advice from more experienced members eg. Victoria or John.

[vinny]

See also The Immigration and Nationality (Cost Recovery Fees) Regulations 2007 (Consequences of failing to pay the fee specified for an application 16) and International Students: Home Office changes how it deals with students who overstay their visas.

Unfortunately, they may refuse your subsequent application under paragraph 135T, with reference to 135R(ii), of the Immigration Rules (no leave to remain). Moreover, since you have no leave to remain, you would have no right to appeal.

3.4 Refusal to vary a person's leave to enter or remain in the UK if the result of the refusal is that the person has no leave to enter or remain – s82(2)(d)

The right of appeal is triggered by the refusal to vary existing leave to enter or remain if, following the decision, the applicant has no leave. This means that two criteria have to be met:

i. The application must be made while the applicant has leave to enter or remain (in-time)

ii. By the time the applicant is notified of the decision to refuse him further leave, his leave has expired.

Therefore, there is no right of appeal under section 82 against the refusal of an in-time application if the applicant still has leave when the refusal decision is notified.

[N.B. The one exception to this rule is that there may be a right of appeal on asylum grounds only under section 83 if an asylum claim has been refused (see the API on rights of appeal for further instructions on section 83)].

Also, there is no right of appeal against refusal if the applicant does not have leave to enter or remain at the date of application. This is because it is not possible to vary leave that a person no longer has. An out of time application will never attract a right of appeal under section 82(2)(d).

An appeal under this section may normally be brought in the UK, subject to certain exceptions and limitations.

[steve567]

if i were you, i would not waste my time. Once i get back the home office letter advising to reapply with corrrect fee today, i will do in the same day or tomorrow. I would also enclose a cover letter referring my previous application with insufficient fund.

But if you still need to wait for enough fund for visa extension, it's too late i feel. better go back and do fresh start. these days people without valid visa find it very hard to stay here after a great influx of europeans who can work legally.

dont think about claiming asylum. not possible for you i'm sure. you have been living as student status for some time and you did not have enough fund for visa extension. Now if you cliam asylum, they will reject it straight away.

[sashank]

if i were you, i would not waste my time. Once i get back the home office letter advising to reapply with corrrect fee today, i will do in the same day or tomorrow. I would also enclose a cover letter referring my previous application with insufficient fund.

But if you still need to wait for enough fund for visa extension, it's too late i feel. better go back and do fresh start. these days people without valid visa find it very hard to stay here after a great influx of europeans who can work legally.

dont think about claiming asylum. not possible for you i'm sure. you have been living as student status for some time and you did not have enough fund for visa extension. Now if you cliam asylum, they will reject it straight away.

Agree completely.

[Rayray]

I have been informed that there has been some sort of agreement with the home office which states that Zimbabweans applications have a leeway of up to 6 months to extend their visas after expiry, i dont really know how true this is anyone knows?

[vinny]

Where did you hear about the six months' leeway?

[Wanderer]

Where did you hear about the six months' leeway?

From a place called 'wishful thinking' I fear....

[Rayray]

actually from an OISC registered lawyer (got a confirmation of that today), im waiting for the documentation required to submit my application with, i will try to get a link on the net i can post on this forum.

Wanderer relax dude, it aint wishful thinking.......

[vinny]

Good luck and do let us know how it goes.

Here's an interesting, perhaps relevant, comment:

In the case of Zimbabweans, which I have mentioned previously, the Government are legally unable to deport such people for the time being, even if it were not inconceivable that anyone could be sent to a country that has so totally disintegrated so that literally millions are having to flee merely to stay alive. The Zimbabweans who manage to get to the UK are in limbo—some for a number of years because their cases date from the time when the policy was to allow all Zimbabweans to remain irrespective of the outcome of their appeals. Even now the practice is not to return Zimbabweans while the lawfulness of the policy is being tested in the case of AH, which I understand may go on in the courts for some while to come.

[Wanderer]

Good luck and do let us know how it goes.

Here's an interesting, perhaps relevant, comment:

In the case of Zimbabweans, which I have mentioned previously, the Government are legally unable to deport such people for the time being, even if it were not inconceivable that anyone could be sent to a country that has so totally disintegrated so that literally millions are having to flee merely to stay alive. The Zimbabweans who manage to get to the UK are in limbo—some for a number of years because their cases date from the time when the policy was to allow all Zimbabweans to remain irrespective of the outcome of their appeals. Even now the practice is not to return Zimbabweans while the lawfulness of the policy is being tested in the case of AH, which I understand may go on in the courts for some while to come.

Wonder if Ian Smith's regime was so bad, I think I'll do a bit of research on it....