visa expiring tomorrow, what will happen if Ho....

[esal]

hi ppl,

i applied for tier2 on 25th jan along with wife's visa in same envelope...
unfortunately lost the debit card by which was paying for wife's visa fee of £50... mine was paid by employer...

so very next day sent cheque along with covering letter to explain wht happnd...

its more than 20 days still HO didn't deduct payment for wife's visa .. alothough for my application fees got deducted thru company's bank accnt in first week only ....

received acknowledgement letter after 2 weeks for my application .. so I sent another payment details along with the ref no I received for my applicaiton ...

still after a week no fees deducted for wife's visa ..

our visa expiring tomorrow .. so worried wht will happen if they don't process wife's visa in this case ... does she has to go back to india and apply or we can apply from here (considering we tried to make payment to HO 2 times?) ...

also since if we get documents back without visa .... she will be over staying here .. is it going to be a problem in next application from india or here?

please advise...

[geriatrix]

Till the time your application(s) is with UKBA, your leave is treated as continuing even if the expiry date on the visa passes. If you decide to appeal and file the application in time, the leave will remain valid until such time that the appeal is determined. So, do worry on that front.

Scenario: Dependent refusal
If your wife's visa gets refused (because) of payment issue, it is likely that she will be given a righ to appeal. You can then decide whether to file an appeal (and prove that UKBA was at fault for not acting on your repeated attempts to pay for your wife's application) or apply for EC from home country. In case you decide not to appeal, arrange for your wife to return to home country on the earliest possible flight (and definitely within 28 days of receiving the refusal letter). Once home, she can apply for EC without a problem.

regards

[esal]

thanks sushdmehta,

thanks! you gave me some relief as I didn;t think about appeal option if they refuse her visa on the basis of HO not acted to my attempts...

But,

what if they don't process her visa on the basis that payment not received and send applicatoin back without any refusal ... in this case will they give any right to appeal? as her current leave will alreay be expired...

Does it work like this ??? --- one friend told me first HO will process my application and if I get visa then only they will take her payment and process her visa ...