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nope, there shouldn't be any problem for him. Although if he was planning to apply for the 10 year long residence ILR, his continous legal stay has been broken.lizziet wrote:Hi all
I'm so glad i found this very useful forum! My boyfriend applied for a student visa extension at beginning of Dec 09. He wasn't called for biometrics and at end of April they sent back his application as invalid saying he must reapply cos his payment didn't go through. He has reapplied and had his biometrics done now, but his previous visa expired end of December.
Is there any chance he will get the visa extension or will it be automatically refused because he is technically an overstayer? And will he have to wait another 4 months to get a decision?
Thanks for your help,
Lizzie
I dont agree with Joh on this one since this is technically a new application done after visa expiration. I think he is gonna end up in trouble. Just the other day, there was a case where an application was returned due to improper photographs. The applicant send the same application with new photographs but his visa was refused tagging him an overstayer. Depends on the EC officer really. Wait and watch..joh118 wrote: nope, there shouldn't be any problem for him. Although if he was planning to apply for the 10 year long residence ILR, his continous legal stay has been broken.
As for how long his visa may take to process, it really depends. I've know people's application to take 6 months or even just 1 month.
The user @potterbon007 is referencing would be me!potterbond007 wrote:I dont agree with Joh on this one since this is technically a new application done after visa expiration. I think he is gonna end up in trouble. Just the other day, there was a case where an application was returned due to improper photographs. The applicant send the same application with new photographs but his visa was refused tagging him an overstayer. Depends on the EC officer really. Wait and watch..joh118 wrote: nope, there shouldn't be any problem for him. Although if he was planning to apply for the 10 year long residence ILR, his continous legal stay has been broken.
As for how long his visa may take to process, it really depends. I've know people's application to take 6 months or even just 1 month.
in your case, you had every chance to be granted a visa in the UK if you supplied the CAS number. so i'm afraid your statement "I'm sorry but the chance of his application being successful is very low just as in my case." is just wrong. he was never asked to leave the country just asked to reapply, just like when your application got refused because of the wrong photos.crazy3gg wrote:The user @potterbon007 is referencing would be me!potterbond007 wrote:I dont agree with Joh on this one since this is technically a new application done after visa expiration. I think he is gonna end up in trouble. Just the other day, there was a case where an application was returned due to improper photographs. The applicant send the same application with new photographs but his visa was refused tagging him an overstayer. Depends on the EC officer really. Wait and watch..joh118 wrote: nope, there shouldn't be any problem for him. Although if he was planning to apply for the 10 year long residence ILR, his continous legal stay has been broken.
As for how long his visa may take to process, it really depends. I've know people's application to take 6 months or even just 1 month.
@lizziet
I'm sorry but the chance of his application being successful is very low just as in my case. When he sent his application back with proper payment, did he attach his CAS Reference Number from University? Also, you should understand an application sent for 2nd time would be considered as FRESH application by UKBA and hence his application would be refused stating the fact that his application was sent after his visa expiration.
The only thing he would be allowed to do is to re-apply back from his home country, his passport would be sent to the nearest Airport from where he has to collect it once his travel arrangements are made. I'm sorry this happened to your boy friend and many other Genuine students who happened to get stuck at this scenario.
Cheers
no, it does not depend on the EC officer. they all follow the rules to the letter.potterbond007 wrote:I dont agree with Joh on this one since this is technically a new application done after visa expiration. I think he is gonna end up in trouble. Just the other day, there was a case where an application was returned due to improper photographs. The applicant send the same application with new photographs but his visa was refused tagging him an overstayer. Depends on the EC officer really. Wait and watch..joh118 wrote: nope, there shouldn't be any problem for him. Although if he was planning to apply for the 10 year long residence ILR, his continous legal stay has been broken.
As for how long his visa may take to process, it really depends. I've know people's application to take 6 months or even just 1 month.
If it was refused for the CAS number then why wasn't crazy3gg given the right to appeal calling him an overstayer? I have no idea why the UKBA asks to apply if there is no chance of an application being successfull. A lot of cases actually depend on the particular EC officer who checks your file. A fine example of different EC officers taking different decisions is the admin review cases taking place in all countries. Once EC officer makes a mistake with a decision and we try and ask the other EC officer to set things right. I am not giving any wrong info here. Just stating facts that could/could not happen. This is no debate is it. Every scenario that could happen should not be overlooked in a case and if your finding it hard to accept it, then that's your problem.joh118 wrote:
no, it does not depend on the EC officer. they all follow the rules to the letter.
yes this is a new application I agree.
No, it won't "end up in trouble" as long as he gets his application right.
In, crazy3gg's case, she was ASKED to reapply. why on earth would they do that if she was gonna get refused.
crazy3gg being an overstayer was NOT a factor in the refusal decision, it was her CAS number. crazy3gg being an overstayer only mattered if she had the right of appeal or not.
If he has provided all necessary documentary evidence(s) as per rules/guidance applicable on the date of (re)application, then there should be no reason to worry.lizziet wrote: He has reapplied and had his biometrics done now, but his previous visa expired end of December.
So his documentation should be perfect... Thanx for that clarification sush..sushdmehta wrote:If he has provided all necessary documentary evidence(s) as per rules/guidance applicable on the date of (re)application, then there should be no reason to worry.lizziet wrote: He has reapplied and had his biometrics done now, but his previous visa expired end of December.
It will be treated as an "out-of-time" application but if all requirements are met, leave should be granted. If the application is refused for any reason, he will not get the right to appeal ('coz of out-of-time application) and, perhaps, end up in the same situation as crazy3gg.
As advised by joh118, even if approval is granted he will not qualify for 10yr. long residence ILR as this out-of-time application has reset his clock.
regards
I don't want to argue with you about the EC officers.potterbond007 wrote:If it was refused for the CAS number then why wasn't crazy3gg given the right to appeal calling him an overstayer? I have no idea why the UKBA asks to apply if there is no chance of an application being successfull. A lot of cases actually depend on the particular EC officer who checks your file. A fine example of different EC officers taking different decisions is the admin review cases taking place in all countries. Once EC officer makes a mistake with a decision and we try and ask the other EC officer to set things right. I am not giving any wrong info here. Just stating facts that could/could not happen. This is no debate is it. Every scenario that could happen should not be overlooked in a case and if your finding it hard to accept it, then that's your problem.joh118 wrote:
no, it does not depend on the EC officer. they all follow the rules to the letter.
yes this is a new application I agree.
No, it won't "end up in trouble" as long as he gets his application right.
In, crazy3gg's case, she was ASKED to reapply. why on earth would they do that if she was gonna get refused.
crazy3gg being an overstayer was NOT a factor in the refusal decision, it was her CAS number. crazy3gg being an overstayer only mattered if she had the right of appeal or not.
In answer to your question, crazy3gg was refused due to no CAS number BUT wasn't given the right to appeal because she made an out of time application. It has no factor in the decision making process. If she had provided the CAS number, she would have been fine. Just as if the OP's bf submits the correct payment details with CAS and bank statements, then he should be fine.potterbond007 wrote:If it was refused for the CAS number then why wasn't crazy3gg given the right to appeal calling him an overstayer?
maybe because the applicant actualy has a chance to get a new visa???potterbond007 wrote:I have no idea why the UKBA asks to apply if there is no chance of an application being successfull.
sush has already clarified this situation.. i accept that there may be a chance to get a new visa but if refused due to any reason, there wouldn't be a right to appeal.. i would like to know if this particular case is successful though..joh118 wrote:I don't want to argue with you about the EC officers.potterbond007 wrote:If it was refused for the CAS number then why wasn't crazy3gg given the right to appeal calling him an overstayer? I have no idea why the UKBA asks to apply if there is no chance of an application being successfull. A lot of cases actually depend on the particular EC officer who checks your file. A fine example of different EC officers taking different decisions is the admin review cases taking place in all countries. Once EC officer makes a mistake with a decision and we try and ask the other EC officer to set things right. I am not giving any wrong info here. Just stating facts that could/could not happen. This is no debate is it. Every scenario that could happen should not be overlooked in a case and if your finding it hard to accept it, then that's your problem.joh118 wrote:
no, it does not depend on the EC officer. they all follow the rules to the letter.
yes this is a new application I agree.
No, it won't "end up in trouble" as long as he gets his application right.
In, crazy3gg's case, she was ASKED to reapply. why on earth would they do that if she was gonna get refused.
crazy3gg being an overstayer was NOT a factor in the refusal decision, it was her CAS number. crazy3gg being an overstayer only mattered if she had the right of appeal or not.
but
In answer to your question, crazy3gg was refused due to no CAS number BUT wasn't given the right to appeal because she made an out of time application. It has no factor in the decision making process. If she had provided the CAS number, she would have been fine. Just as if the OP's bf submits the correct payment details with CAS and bank statements, then he should be fine.potterbond007 wrote:If it was refused for the CAS number then why wasn't crazy3gg given the right to appeal calling him an overstayer?
maybe because the applicant actualy has a chance to get a new visa???potterbond007 wrote:I have no idea why the UKBA asks to apply if there is no chance of an application being successfull.
did he get new bank statements? because that usually catches the others out.lizziet wrote:Thank you all SO much for your replies. I think the Tier 4 rules are so confusing and it's really terrible that students can be classed as an overstayer just cos their payment doesn't go through even if it's not their fault. It's all very stressful and I think it will put most people off coming to study here.
My boyfriend's letter did ask him to reapply within a certain timeframe and he had to do his biometrics within 3 days of being invited so I'm hoping that means he has some chance of getting his visa (also they did return his passport). But obviously if there is even the tiniest thing wrong with his application he will be refused! I know he did have to get a CAS from his college to send with his new application and he got help from the college with completing the form.
Thanks again - when I get any news I will post it on the forum...
Lizzie
I was reading to all the opinion everyone had to give Lizziet for the problem she had been going through and I would like to thank to everyone for sharing their opinion. One important thing I would like to share with everyone to avoid this kind of small error in payment which might turn out to be a big problem is MAKE A POSTAL ORDER PAYMENT TO THE HOME OFFICE.This is one of the secure and 100% payment gaurantee to the HO. I have been extending my visa for last 6 yrs and never had a problem with postal order.lizziet wrote:Hi all
I'm so glad i found this very useful forum! My boyfriend applied for a student visa extension at beginning of Dec 09. He wasn't called for biometrics and at end of April they sent back his application as invalid saying he must reapply cos his payment didn't go through. He has reapplied and had his biometrics done now, but his previous visa expired end of December.
Is there any chance he will get the visa extension or will it be automatically refused because he is technically an overstayer? And will he have to wait another 4 months to get a decision?
Thanks for your help,
Lizzie
Go back (ASAP) to home country and apply for spouse visa from there after you turn 21.ls001008 wrote:Hi Everyone, My case is similar to Lizziet BF case. I applied to extend my student visa in December 09 (Current Visa Expire end of dec 2009), Didn't get no acknowledgement letter to confirm the receipt of my application, no letter for biometrics either. After loads of letters to the HO, I finally receive a letter in late april 2010. The letter did say they couldnt take money out my card for some reasons and therefore render my application invalid. I was told I can reapply but no time scale have been given as to when I can reapply. Prior to this I have the chance to apply for PWS as I've just finished my masters but decided to extend the student visa to do a course that interest me.
Due to the fact that I need to have some money in my acc for at least 28 days, I decided to deposit money for that period. For this reason, I'll have gone over the 28 days (as people say - but the letter gave no time scale) from the letter date.
The wicked of all is that I have been married to a british citizen for more than a year but I didn't want to put in the FLR(M) because we'll both be aged 21 (a day difference in our dob) at the end of the year.
Can anyone suggest what to do considering the fact I'm now an overstayer??
I suggest the following but need more ideas from people.
1- I should reapply for the Tier 4 and wait for a decision
2- I should put in PSW
3- I should put in FLR(M) - Remeber we are not 21 yet and i've recently been hearing cases where the application was hold until we both turn 21.
Can anyone help please??
Regards
James