Invalid Application and ILR

[Angelica]

I am a full time student in UK. I will be 10 years in UK in 3 weeks. All have been legally stayed.

My application is currently with the home office for Tier 4 application.

I made the application in June but was returned INVALID because i did not put-in my telephone numbers. Every single documents were returned.

The caseworker forgot to enclose the address label. I filled the new form and send it back to him using his name as adressee.

My questions are;

1) What is my status in UK whi9le the application wa RETURNED.

2) Could this affect my settlememnt visa?

Please advice

[ash786]

1. I know the answer for u case but no point replying as u wud not understand so just wait for sumbody else to reply.

[Angelica]

1. I know the answer for u case but no point replying as u wud not understand so just wait for sumbody else to reply.

Encyclopedia!

I "somehow" know the answer but its always good to hear other people's views NOT to behave as if one is almighty.

[vinny]

I am a full time student in UK. I will be 10 years in UK in 3 weeks. All have been legally stayed.

My application is currently with the home office for Tier 4 application.

I made the application in June but was returned INVALID because i did not put-in my telephone numbers. Every single documents were returned.

The caseworker forgot to enclose the address label. I filled the new form and send it back to him using his name as adressee.

My questions are;

1) What is my status in UK whi9le the application wa RETURNED.

2) Could this affect my settlememnt visa?

Please advice

Did you have telephone numbers at the time of the first application?
How long did it take them to return your application as being invalid?
When you submitted your subsequent application, did you still have valid leave?

[Angelica]

Thanks

1) At that time, i have contractual problem with my mobile phone provider. My mobile is then suspended but my landline is OK BUT I DONT USE IT AT ALL.

2) 61 days after the application was submitted.

3) It has expired while with UKBA.

[vinny]

If you are lucky, then they may use discretion to treat your second application as a continuation of your first application (similar to incorrect photograph).

If your future Long residence application is refused because of an invalid application leading to a break in continuous lawful residence, then you should get professional advice.

Perhaps you can argue on appeal or JR that:
1) If you were not using any telephone numbers at the time of your first Tier 4 application, then this application should have been accepted as valid.
2) It took too long for the Home Office to respond and claim that your application was invalid. If you had no leave left when they responded, then it was equivalent to a refusal. Leave should have been extended under sections 3C & 3D. You should have been given a right of appeal.

[immigrationuk2009]

If you are lucky, then they may use discretion to treat your second application as a continuation of your first application (similar to incorrect photograph).

If your future Long residence application is refused because of an invalid application leading to a break in continuous lawful residence, then you should get professional advice.

Perhaps you can argue on appeal or JR that:
1) If you were not using any telephone numbers at the time of your first Tier 4 application, then this application should have been accepted as valid.
2) It took too long for the Home Office to respond and claim that your application was invalid. If you had no leave left when they responded, then it was equivalent to a refusal. Leave should have been extended under sections 3C & 3D. You should have been given a right of appeal.

Hi

What I am seeing home office can refuse you saying your have no leave at time of application without right to appeal.They have done this is many people with minor mistakes like payment issue.

If they give you right of appeal then this means they are accepting that you have valid leave so what the point refusing you.

So let see and wait.

Best Luck

UK_Banned_Member

[immigrationuk2009]

Hi

1

. I know the answer for u case but no point replying as u wud not understand so just wait for sumbody else to reply.

I bet you know the answer otherwise have guts to help someone in trouble.

UK_Banned_Member

[vinny]

Hi

What I am seeing home office can refuse you saying your have no leave at time of application without right to appeal.They have done this is many people with minor mistakes like payment issue.

If they give you right of appeal then this means they are accepting that you have valid leave so what the point refusing you.

So let see and wait.

Best Luck

UK_Banned_Member

In the case of a Tier 4 application:

All PBS categories refer to an applicant having or have last been granted leave in an appropriate category. It is not necessary for them to hold leave at the time they apply (column 97-98). As such, the UKBA cannot prevent someone without valid leave from applying under PBS. However, the fact that applicants have overstayed will mean that a refusal will attract no right of appeal and may have a negative impact if they apply for entry clearance in the future.

However, I am concerned about her future Long residence application.

[Angelica]

Thanks Vinny and immigrationUK

1) Its very very UNUSUAL to see anyone with leave if the form is returned INVALID because of other reasons beside payment. Recall that the form first get to Durham for money to be taken, then allocated, then biometric etc.

2) I told a close pal who is a Solicitor at that time but he asked me NOT to worry. The only thing he asked me to do is to get an updated bank statement which is why it took about 7 days to send it back.

He specifically told me that the new application is a variation of the previous one. I argue this with him but he told me there are many decisions that says later applications varied the previous one.

I was a bit worried thats why i threw it open to brilliant chaps here.

3) In all my years in UK, i never know telephone numbers is compulsory. I provided both email and home address.

Cheers folks

[immigrationuk2009]

Thanks Vinny and immigrationUK

1) Its very very UNUSUAL to see anyone with leave if the form is returned INVALID because of other reasons beside payment. Recall that the form first get to Durham for money to be taken, then allocated, then biometric etc.

2) I told a close pal who is a Solicitor at that time but he asked me NOT to worry. The only thing he asked me to do is to get an updated bank statement which is why it took about 7 days to send it back.

He specifically told me that the new application is a variation of the previous one. I argue this with him but he told me there are many decisions that says later applications varied the previous one.

I was a bit worried thats why i threw it open to brilliant chaps here.

3) In all my years in UK, i never know telephone numbers is compulsory. I provided both email and home address.

Cheers folks

Hi

A little silly mistake thats put you in nightmare.

So always give cares to minor things.

Best Luck

Sincere

[magsi23]

I believe they will issue you Tier 4 visa and i know thats not your worry.

Its a silly silly mistake to make specially when your so close to be eligible ILR under 10 year LR.

As vinny said its eniterly case workers discreation, but make sure you apply by post.

[Angelica]

Thanks folks.

1) In accordance with my nature, i read things to the details. I am very very careful when it comes to things on paper.

2) At that time, i just submit my dissertation and the school is scared of given letters because of the new PBS. Unlike before,PBS donttake care of people awaiting result. The only option is to leave the country and wait for the results to be released. How silly!

3) I then dashed to quickly to register for a course in the college. Got the letter around 3pm, rush to the post-office, i filled the voluminous form right there. I checked the signature, photos etc

## If i may ask, do everyone have telephone numbers? Like i said earlier on, i dont have any mobile at that time.

I have a white colleague who never have a mobile phone.

## If HO need to get me, my email and home address is there.

[Angelica]

I believe they will issue you Tier 4 visa and i know thats not your worry.

Well, first thing first.

I hope Tier 4 is granted then they will know there's God in heaven when we get to the ILR one

[lizzambewe]

I HAVE A SIMILAR PROBLEM AT THE MOMENT,BEEN TOLD I HAVE NO RIGHT TO AN APPEAL...I MADE MY APPLICATION BEFORE MY VISA EXPIREDBUT DUE TO PROBLEMS WITH MY ACCOUNT MY APPLICATION WAS CLASSIFIED AS INVALID..RE-APPLIED AND WENT FOR MY BIOMETRICS AND JUST RECENLY GOT MY VERDICT.BEEN TOLD TO PACK UP MY BAGS AND GO,HAVE 9 DAYS TO CALL THE IMMIGRATION OFFICE TO ARRANGE MY TRAVEL..I THINK I SHOULD HAVE THE RIGHT TO AN APPEAL BUT DON'T KNOW HOW TO GO ABOUT IT..DO U KNOW ANY ONE WITH GOOD ADVICE???

[Angelica]

Hi guys

It is getting worse.

1) I sent my tier 4 application back within 12 days even though i was given 28 days to resubmit
Please note that i have my biometrics already

2) i did not hear anything from them for about 2 months

3) Finished my Msc, then apply for PSW in october.

4) A letter came from charging team that they've not received any valid application from me even though they gave me 28 days to do that.(NB: This i have done since!)

4) in november, they returned my Tier 4 application saying i did not pay the required money and also biometric. This has been done before.

5) I wrote letters to several departments in UKBA ( i.e the charging team, caseworker, complaint team etc). They just dont care.

6) In their communications, they were quoting october as the day i resubmit even though i have done so since august.

7) I wrote to them stating the recorded delivery number but they are not just ready to listen

I received the PSW refusal letter few days ago. I was refused on maintenance WITH NO RIGHT OF APPEAL. The daily balance is £800 at all times. Sometimes i withdraw e.g £15 in a day but return the money same day.

What can i do?

JR?

Thanks.

[vinny]

Probably JR. Unless you can persuade the AIT that your initial in-time application should not have been invalid or was equivalent to a refusal, and you should have a right of appeal.

[zinao]

If you are lucky, then they may use discretion to treat your second application as a continuation of your first application (similar to incorrect photograph).

If your future Long residence application is refused because of an invalid application leading to a break in continuous lawful residence, then you should get professional advice.

Perhaps you can argue on appeal or JR that:
1) If you were not using any telephone numbers at the time of your first Tier 4 application, then this application should have been accepted as valid.
2) It took too long for the Home Office to respond and claim that your application was invalid. If you had no leave left when they responded, then it was equivalent to a refusal. Leave should have been extended under sections 3C & 3D. You should have been given a right of appeal.

i am in the same dilemma. i sent an application in and was it sent back as invalid. i am due for 10 yrs in 2 months. Is 3 weeks too short from when they sent received my application as i want to retain the right to appeal if anything goes wrong?. just waiting for my dad's statement.

[vinny]

3 weeks is most probably too short.

[vinny]

However, the UKBA should follow 17(1)(b).

Any updates, Angelica?

[zinao]

However, the UKBA should follow 17(1)(b).

Any updates, Angelica?

But Vinny, dont the UKBA follow another set of prescribed forms and preceduress for tier 4 students?

Is this the up to date version?

[vinny]

But Vinny, dont the UKBA follow another set of prescribed forms and preceduress for tier 4 students?

Unfortunately, you're right.

However, I think that the absence of 17(1)(b) in 34C is startling. It undermines section 3C protection. There may be grounds for challenge (24, 35, 36), although perhaps difficult.

[Angelica]

U remember me Vinny? Thats very nice of you. I hope you knew there was so much mess in my application(s) at that time.

I have NOT applied for ILR yet. My case cost me thousands of pounds. I got my PSW few months ago. I just dont have the application fee NOW. Hopefully, i will apply by december.

Is that precribed form and procedures 2007 still in force???

Is it?

Cheers

A

[Angelica]

However, the UKBA should follow 17(1)(b).

Any updates, Angelica?

I have checked the link and discover that UKBA had a modernised version of the 1997( which appear to address my problem). Is the 1997 one in place in 2009?

Cheers

[Mako]

Did it take 2 years to resolve your appeal???