Invalid Application due to Payment

[Chy]

Hello,
My application for indefinite leave to remain submitted in Feb 15th 2010 was rendered invalid because the home office could not get the payment from my bank.
I received a letter earlier from them on the 16th Feb, 2010 saying they have received my application and will contact me if there is any problem regarding payment or other and will advice me on the action to take. The payment was in the bank on the same day, although it arrived after their request.
I never received any letter or call from the case worker.
They application was returned on 23rd of July 2010 and the spouse visa expired in March 2010.
I need some advice before reapplying, am on spouse visa married to a British national.

[bb21]

The payment was in the bank on the same day, although it arrived after their request.

My understanding is that technically it makes you an overstayer. The onus is on you to ensure that the application is valid. Also according to the above you have admitted that it was your fault for insufficient funds in the bank account when they requested payment.

However that said imho ILR applications do not have to be "in-time" as long as you have accumulated sufficient years of residence. The difficult bit in your case is that no one knows how technically overstaying after you have accumulated the necessary years would impact on your application.

[baggioc0263]

The payment was in the bank on the same day, although it arrived after their request.

My understanding is that technically it makes you an overstayer. The onus is on you to ensure that the application is valid. Also according to the above you have admitted that it was your fault for insufficient funds in the bank account when they requested payment.

However that said imho ILR applications do not have to be "in-time" as long as you have accumulated sufficient years of residence. The difficult bit in your case is that no one knows how technically overstaying after you have accumulated the necessary years would impact on your application.

I believe that you have the right of appeal already. If so, you are supposed to submit the appeal within the period as requested in the notice of decision. You can argue in your ground of appeal why HO did not make you an enquiry when HO can not process your payment.
If you need some more advises yon can call No Business Promotion

[Chy]

Thanks for every one that commented. I got myself an immigration adviser who helped me submit a new application with covering lrtter; It took only 2 weeks to receive my ILR. Dont asked me; I dont know how he did it but I am very grateful.

[Kitty]

Chy, congratulations on getting your ILR.

Do you know any more details of what points your representative made to the UKBA?

Your experience may help other people

[Chy]

Chy, congratulations on getting your ILR.

Do you know any more details of what points your representative made to the UKBA?

Your experience may help other people

He asked me for as much evidence as I can possibly provide, his covering letter.
It took less than two weeks from the day I posted this topic.

[tbbcuk]

may i ask which immigration adviser did you use?

[Chy]

may i ask which immigration adviser did you use?

Google, ii adviser