Refund from home office before rejection or refusal

[amaherchandani]

Hi guys

I have got no clue why I have received refund of 40 again.

The first time I got it was because my application was rejected but now again I get it without having a clue if my application has been rejected or whatever. Has someone been in a position where they have received refund by mistake?

[Zerubbabel]

They don't refund by mistake.

If you see your payment back, it's usually a bad sign. You have to wait until you get the refusal letter. They explain why they refuse and what are your options if any.

What type of application was it? Extended family?

[amaherchandani]

They don't refund by mistake.

If you see your payment back, it's usually a bad sign. You have to wait until you get the refusal letter. They explain why they refuse and what are your options if any.

What type of application was it? Extended family?

The first application I made was rejected due to incomplete form( Biometric declaration not signed by me) and on the same day I signed it and sent my new application back.

Now with the second application they wrote me the COA/Biometrics on the same day when my application was received in the home office.

I get my refund for the 1st Application - Dated 09/10/2019

I receive a refund letter again today dated 18/10/2019

Now how I know is they deduct the £25 administrive charge for the invalid applications and refund £40 back or my question to you is if all refusal applications as well gets refunded back?

Either my application is rejected but if it is rejected why would I receive biometrics letter?

That's why I think it is by mistake

[amaherchandani]

I have applied for residence card under EEA EFM Regulations

[iwolga]

amaherchandani,

Sorry just a quick question. You initially said that you were on Tier 4 Student visa and applied with your first application one day before your student visa expired. Your application got rejected as you didn't sign the bio page.

At that stage when it got rejected first time, did you have a valid immigration status in UK? I'm sorry if I'm asking obvious things but I genuinely don't know that.

[CR001]

amaherchandani,

Sorry just a quick question. You initially said that you were on Tier 4 Student visa and applied with your first application one day before your student visa expired. Your application got rejected as you didn't sign the bio page.

At that stage when it got rejected first time, did you have a valid immigration status in UK? I'm sorry if I'm asking obvious things but I genuinely don't know that.

The OP has been an overstayer since the day after the tier 4 visa expired.

Given that the two of you keep posting one after the other in topics, you would surely recall if the OP stated he had applied for anything other than the EEA EFM!

[amaherchandani]

I did not had and have valid immigration status while my second application. On the rejection letter it said you can apply if you have legitimate basis to stay in UK and then on the next steps it asked to make sure I put everything in there. The way I got my papers back it looked like everything was scanned except the envelopes of photographs were not opened or may be I failed to put everything in order - how they like.

I wonder what made it a rejection this time? I have attached everything. IDs permits of my partner, valid passport for myself. I hope this small issue does make my immigration history adverse. I have never favoured that one should live illegally in the country and I would not mind either if they want me to apply the application from my home country. Fact is that you can only apply for residence card while you are in the UK.

[iwolga]

Given that the two of you keep posting one after the other in topics, you would surely recall if the OP stated he had applied for anything other than the EEA EFM!

This was me thinking that I might not know something in immigration rules. That's it

[iwolga]

I did not had and have valid immigration status while my second application. On the rejection letter it said you can apply if you have legitimate basis to stay in UK and then on the next steps it asked to make sure I put everything in there. The way I got my papers back it looked like everything was scanned except the envelopes of photographs were not opened or may be I failed to put everything in order - how they like.

I wonder what made it a rejection this time? I have attached everything. IDs permits of my partner, valid passport for myself. I hope this small issue does make my immigration history adverse. I have never favoured that one should live illegally in the country and I would not mind either if they want me to apply the application from my home country. Fact is that you can only apply for residence card while you are in the UK.

I don't want to be right, but I think this was your immigration status.

My rejection was saying: you can submit another application if you can provide evidence that you have a right of residence or if you have some other legitimate basis to stay in the UK.

Maybe I'm misinterpreting this, but I read it as "you ALREADY have this basis". Not will be granted this basis as the result of the application.

[amaherchandani]

But then doesn't it make sense for them to write me that I should leave country and at the moment I should be on a legitimate basis if I'm living with my partner ( Having evidence and they can come to my home as well).
Also legitimate word itself means legit? Right?

[CR001]

I did not had and have valid immigration status while my second application. On the rejection letter it said you can apply if you have legitimate basis to stay in UK and then on the next steps it asked to make sure I put everything in there. The way I got my papers back it looked like everything was scanned except the envelopes of photographs were not opened or may be I failed to put everything in order - how they like.

I wonder what made it a rejection this time? I have attached everything. IDs permits of my partner, valid passport for myself. I hope this small issue does make my immigration history adverse. I have never favoured that one should live illegally in the country and I would not mind either if they want me to apply the application from my home country. Fact is that you can only apply for residence card while you are in the UK.

I don't want to be right, but I think this was your immigration status.

My rejection was saying: you can submit another application if you can provide evidence that you have a right of residence or if you have some other legitimate basis to stay in the UK.

Maybe I'm misinterpreting this, but I read it as "you ALREADY have this basis". Not will be granted this basis as the result of the application.

You are misinterpreting what it says. You are married to an EU citizen, so have an automatic right under the EU rules. The OP is unmarried and has no automatic rights or right to reside or remain in the UK and is an overstayer.

HO is basically telling the OP that they can submit an application if they believe they have a ligitit basis to qualify for a RC or leave to remain. It is not saying at all that they 'have this basis'.

[iwolga]

I did not had and have valid immigration status while my second application. On the rejection letter it said you can apply if you have legitimate basis to stay in UK and then on the next steps it asked to make sure I put everything in there. The way I got my papers back it looked like everything was scanned except the envelopes of photographs were not opened or may be I failed to put everything in order - how they like.

I wonder what made it a rejection this time? I have attached everything. IDs permits of my partner, valid passport for myself. I hope this small issue does make my immigration history adverse. I have never favoured that one should live illegally in the country and I would not mind either if they want me to apply the application from my home country. Fact is that you can only apply for residence card while you are in the UK.

I don't want to be right, but I think this was your immigration status.

My rejection was saying: you can submit another application if you can provide evidence that you have a right of residence or if you have some other legitimate basis to stay in the UK.

Maybe I'm misinterpreting this, but I read it as "you ALREADY have this basis". Not will be granted this basis as the result of the application.

You are misinterpreting what it says. You are married to an EU citizen, so have an automatic right under the EU rules. The OP is unmarried and has no automatic rights or right to reside or remain in the UK and is an overstayer.

HO is basically telling the OP that they can submit an application if they believe they have a ligitit basis to qualify for a RC or leave to remain. It is not saying at all that they 'have this basis'.

ow well, this was exactly my thought. I meant to say "you can apply IF you ALREADY have the status". Sorry if I wasn't clear.
Of course I understand there's a difference in my situation and in the OP's situation. I also understand they don't conclude on the basis in their rejection letter.

Actually, when I was asking initially re immigration status, my question was: can she become an overstayer as she is EFM? I know I can't but I don't know what is the situation with EFM

[CR001]

Actually, when I was asking initially re immigration status, my question was: can she become an overstayer as she is EFM? I know I can't but I don't know what is the situation with EFM

Yes, they are overstayers if their UK visas expire and they are extended family members and don't have an EFM RC. They have no automatic rights to reside as an unmarried partner. Their right to reside will only start when the RC is issued.

Note that any period of overstay will have affect future British citizenship applications.

[Zerubbabel]

The Home Office often uses this terminology "If you have some legitimate basis to stay in the UK...". Actually, they serve this even to people held at airports and on the brink of deportation.

They are not inviting you to apply and they are no suggesting you have a legitimate grounds to do so. It's up to you to see if you can qualify under any route.

Currently, you are illegally present in the UK. Your relationship with an EEA national doesn't automatically grant any right under EEA rules. It would have been different if you were married but you are not I gather.

I think speculation is not going to help here. You have to wait for the decision letter and then see where you stand. If you like, when you get it, you can share it with us (hide any personal detail, case number... etc) and we talk about it.

[amaherchandani]

The Home Office often uses this terminology "If you have some legitimate basis to stay in the UK...". Actually, they serve this even to people held at airports and on the brink of deportation.

They are not inviting you to apply and they are no suggesting you have a legitimate grounds to do so. It's up to you to see if you can qualify under any route.

Currently, you are illegally present in the UK. Your relationship with an EEA national doesn't automatically grant any right under EEA rules. It would have been different if you were married but you are not I gather.

I think speculation is not going to help here. You have to wait for the decision letter and then see where you stand. If you like, when you get it, you can share it with us (hide any personal detail, case number... etc) and we talk about it.

I always thought after the rejection home office sends the documents straight away to us. It is better to have decision letter so I could find out what I have done wrong.

I have a question regarding my situation. As you know I have applied under EEA EFM application, if I receive my rejection letter - is it possible for me to apply for settlement scheme online and not the EEA EFM .

Also my partner has a DCPR and he would like to apply for settled status so is there a possibility I can link my application with him?

Any advice will be very helpful.

[Zerubbabel]

As an Extended Family Member, you can't apply for the EU Settlement Scheme unless you already have an EEA EFM card.

[iwolga]

Either my application is rejected but if it is rejected why would I receive biometrics letter?

That's why I think it is by mistake

Hi, do you have any news?

[amaherchandani]

Nothing yet. I will see if something comes upon today. How is everything with you?

[iwolga]

Nothing yet. I will see if something comes upon today. How is everything with you?

That’s really strange what is happening with your application. I can only imagine it ended up on someone’s table for the letter and it got stuck there.

Nothing from my side except they withdrew money early this week, so we’ll see. I am somehow more reconciled with this whole process and it feels better now.

When did you receive your first refund? Strangely we still didn’t get it back. Not that it worries me much, but still nice money to get back

[amaherchandani]

You'll receive it soon. My application got rejected on 26/09/2019 and I got it on 09/10/2019. Fairly after 10 days they sent it. The second one I received was on 18/10/2019 - after 10 days. Btw go through this link - it shows that the home office uses AI to allocate the visa application. What nationality do you have?

https://www.google.com/amp/s/amp.thegua ... oups-claim

[iwolga]

You'll receive it soon. My application got rejected on 26/09/2019 and I got it on 09/10/2019. Fairly after 10 days they sent it.

Ow, okey, I somehow thought you received your papers back around 01/10. Anyway, this is not important at all - can easily live without this refund.

I’m Russian and my husband is Dutch. These are strong accusations made in this article which I don’t really want to explore further. So far I received nothing but fair treatment from UKVI when I was providing the right paperwork and following the procedures

[amaherchandani]

They don't refund by mistake.

If you see your payment back, it's usually a bad sign. You have to wait until you get the refusal letter. They explain why they refuse and what are your options if any.

What type of application was it? Extended family?

Cool, so the news is that the home office confirmed with me today that the cheque was sent in error and they have cancelled it on there end.

[amaherchandani]

amaherchandani,

Sorry just a quick question. You initially said that you were on Tier 4 Student visa and applied with your first application one day before your student visa expired. Your application got rejected as you didn't sign the bio page.

At that stage when it got rejected first time, did you have a valid immigration status in UK? I'm sorry if I'm asking obvious things but I genuinely don't know that.

I got confirmed today from that the cheque was sent in error. It makes me feel good for that thing atleast. Earlier I sent letters etc but I could not solve it but yesterday I wrote a solid email with (dates ,summary instead of a story in a which I did earlier in sending letter) and recieved the answer. 1 day.

[iwolga]

They don't refund by mistake.

If you see your payment back, it's usually a bad sign. You have to wait until you get the refusal letter. They explain why they refuse and what are your options if any.

What type of application was it? Extended family?

Cool, so the news is that the home office confirmed with me today that the cheque was sent in error and they have cancelled it on there end.

This is fantastic news! And also very sad that they caused you so much nerves!