IGS What should I do

amisha · Post by **amisha** » Wed May 21, 2008 5:09 pm

I m pretty new to this forum and after looking at some threads, I also want to get help from experienced people.
I applied for IGS on 14th January,08 just two days before my student visa expiry bcause my student visa was valid until 16th jan,08. They got my application on 15th but on 29 jan,08, the BIA sent me my application bak stating the fee was rejected by the issuing bank. So, I again made further application which was also rejected being late.
I got letter from bank in which they stated that bank did not reject the authorization and even there was no any attempt from BIA of payment.
I met my local MP and provided all proofs. My MP has written letter to MP's correspondence section of HO on my behalf stating the whole case.
I also made formal complaint to BIA on their complaint form and with supporting letters but after waiting for 2 months, still didn't hear any thing from BIA although their booklet of making complaints aim to give full response in 20 working days. My MP still has not heard any thing.
Could someone tell me why BIA is not replying with my formal complaint and why they r not responsing to MP. Also, will they again reconsider my first application and will stamp visa on it.
Any experienced help will be appreciated.

amisha · Post by **amisha** » Wed May 21, 2008 8:01 pm

Any experienced people's advise will be helpful.

fali · Post by **fali** » Thu May 29, 2008 8:11 pm

amisha wrote:Any experienced people's advise will be helpful.

Hi
i applied recently for IGS and was told to send money by postal order for the exactly the problem u had. But i think u should have some appeal right from which u can take HO to court to settle the issue.

good luck

amisha · Post by **amisha** » Fri May 30, 2008 12:44 am

No, HO did not give me right to appeal and BIA is currently holding my passport.
Also haven't herad any thing on my complaint first.

Can some one help me what will be best for me to do.

Either to wait for complaint decision or to go back to home country.

rockhall · Post by **rockhall** » Fri May 30, 2008 4:25 am

amisha,

What is the content of the rejection, did they tell you why and where they sent your passport? You should make some calls just to track your passport maybe it was sent to enforcement. I guess you made to many attempts with this application and you have now run out of leave.

Don't just sit there before they come knocking, I suggest you make some calls to ease your mind.

amisha · Post by **amisha** » Fri May 30, 2008 4:38 am

Hi rockhall,
Thanks for your reply. Actually, when I made second attempt after expiring my visa, then after 15 days they rejected my application stating I don't have valid leave at the time of my second attempt and they sent my passport to BIA local office and asked me to leave the country.
Then I got letter from bank stating there was no attempt of authorization from BIA at the time of my first attempt and I contacted with my MP who wrote letter to BIA that I had money in my account( Bank statement ), and I also made complaint to BIA that they failed to attempt money from bank through credit card at the time of my first attempt and when I had valid leave, so they should reconsider my application.
But still I haven't heard any thing after waiting for 2 months and BIA knows why I m here in UK because my MP is baking me.
Could u tell me after letter from bank and involvement of my MP will force BIA to reconsider my application or shoud I leave the country.
Thanks in advance.

fali · Post by **fali** » Fri May 30, 2008 9:00 am

amisha wrote: Could u tell me after letter from bank and involvement of my MP will force BIA to reconsider my application or shoud I leave the country.

I think u should contact a law centre. Google it for nearest in your area and some of them provide free consultation and help.
Good luck.

rockhall · Post by **rockhall** » Fri May 30, 2008 12:19 pm

amisha,

I think you should seek some legal advice, find legal aid (that can take a while they go by appointments and can be fully booked) they are all around google as fali has advised, but the most important thing is your passport you need to get it back but seek advise first before you try to retrieve it, letters between HO and MP, Complaints Dept may take a while.

If you can afford it get an immigration advisor, lawyer, solicitor to kind of expedite the process, while you wait for your MP because you are currently without leave so act now best of luck.

amisha · Post by **amisha** » Sun Jun 01, 2008 3:03 am

Hi rockhall,

I know my passport is important but HO asked me to leave the country so that I can collect my passport at Airport. But, as I made complaint and got my MP involved also got proof in the form of letter from bank that there was no any query of paymnet from BIA in the dates wen I made my first valid leave.
But I m still thinking why HO is taking so long to solve my complaint. It may be the case that now they r finding some lame excuse and are scared that I can later claim compensation and aslo I may goto media who can bring this case as act of beloved as uptil now HO has done beloved with me.
Any advise,suggestion will be helpful.

Wanderer · Post by **Wanderer** » Sun Jun 01, 2008 1:25 pm

beloved! Here we go.....

I wouldn't play the victim here, it won't get you anywhere. First can you be sure you've not given the wrong payments details on the form?

rockhall · Post by **rockhall** » Sun Jun 01, 2008 4:15 pm

Amisha,

If you were asked to leave the country and you realised that the payment was not extracted from your a/c when you sent in your first application and you want to fight your case without leaving the country as I suggested before you will need good legal representation sitting and waiting for HO and Complaints Dept takes a good while. They might respond and give some story or a fault in your first application so be prepared.

I always suggest to people that they leave the country and apply for IGS or SEGS (in my case) or any other entry clearances to avoid problems inside the UK, this is what I did and it only took me 1 day in the Caribbean and I returned with no problems.

amisha · Post by **amisha** » Mon Jun 02, 2008 1:23 am

Hi,
Yes, I m 200 % sure that I provided the correct payment details. Thats why HO is not able to deal with my complaint on time.
If they had some form of proof that its not their mistake, then they would have replied earlier.

Also very important, on the acknoldgement letter of my first application, it is cleary written that " If there will be problem with the fee payment or more evidence will be required, the case worker will contact me either by phone or in writing"
If they were having payment problems, why I was not contacted.

I think it will be enough to proof in the court that HO made mistake purely on racisim and the person who dealt with my application was a dearly beloved.

Wanderer · Post by **Wanderer** » Mon Jun 02, 2008 1:39 am

amisha wrote: I think it will be enough to proof in the court that HO made mistake purely on racisim and the person who dealt with my application was a dearly beloved.

I think you're living in a dream world I'm afraid....

amisha · Post by **amisha** » Mon Jun 02, 2008 2:51 am

How am I brother. Whats wrong with what I explained. Was it not responsibility of HO to contact me if they were having fee problems. How can they send me my application bak rather than contacting me. I will take them in court, its sure and will see how they can hide their mistake

amisha · Post by **amisha** » Tue Jun 03, 2008 2:38 am

?????????????????????

Any one else?????????????????

hsmpinuk70 · Post by **hsmpinuk70** » Tue Jun 03, 2008 4:00 am

"Victim of beloved" - probably the easiest and convenient way to console self and and blame others. The thought lets you live in peace with your conscience. But very difficult to prove, no matter how loudly you sing about it.

More than ten days since you posted this thread. If there's no new advice forthcoming, probably there's no one on the forum who can advise something that's not been suggested before.

Get legal advice and get the facts that will help you in your case. Don't let anger and frustration cloud your intelligence? I think you are in a precarious situation and it is important you find a way out as soon as you can.

All the best.

regards

amisha · Post by **amisha** » Tue Jun 03, 2008 5:11 am

Thanks for your reply. But you forgot and how can you say that I made mistake and now want to hide it. Was my mistake to fill payment section by credit card. If it was then why they give this option on payent form.
Its easy to talk about sitting outside and commenting on match being played. But only that place can feel the heat where the fire is burning.
I know I have to consult with legal advisor and I have already contacted who is preparing my case for the court.l. Also I will not only take HO to the court but also will claim compensation in thousand of pounds. And also I will bring this act in front of media and newspapers.

I have legal proofs that it was purely HO fault and negligence. Now they will have to pay price.

After all I m an indian and I proud to be an indian.

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