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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.Zerubbabel wrote: ↑Thu Oct 24, 2019 1:58 pmThey 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 OP has been an overstayer since the day after the tier 4 visa expired.iwolga wrote: ↑Thu Oct 24, 2019 3:29 pmamaherchandani,
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 don't want to be right, but I think this was your immigration status.amaherchandani wrote: ↑Thu Oct 24, 2019 3:42 pmI 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.
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.iwolga wrote: ↑Thu Oct 24, 2019 4:07 pmI don't want to be right, but I think this was your immigration status.amaherchandani wrote: ↑Thu Oct 24, 2019 3:42 pmI 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.
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.
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.CR001 wrote: ↑Thu Oct 24, 2019 4:20 pmYou 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.iwolga wrote: ↑Thu Oct 24, 2019 4:07 pmI don't want to be right, but I think this was your immigration status.amaherchandani wrote: ↑Thu Oct 24, 2019 3:42 pmI 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.
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.
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'.
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.
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.Zerubbabel wrote: ↑Thu Oct 24, 2019 6:23 pmThe 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.
Hi, do you have any news?amaherchandani wrote: ↑Thu Oct 24, 2019 3:00 pm
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
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.amaherchandani wrote: ↑Fri Nov 01, 2019 10:21 amNothing yet. I will see if something comes upon today. How is everything with you?
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.amaherchandani wrote: ↑Fri Nov 01, 2019 10:44 amYou'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.
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.Zerubbabel wrote: ↑Thu Oct 24, 2019 1:58 pmThey 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?
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 wrote: ↑Thu Oct 24, 2019 3:29 pmamaherchandani,
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.
This is fantastic news! And also very sad that they caused you so much nerves!amaherchandani wrote: ↑Fri Nov 01, 2019 2:34 pmCool, 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.Zerubbabel wrote: ↑Thu Oct 24, 2019 1:58 pmThey 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?