Payment Problem - ILR (Spouse)

[grantstevens]

Dear All

My ILR application (spouse visa) was returned as invalid, over 4 months after submitting to the UKBA. The letter I received merely stated that I my application was invalid due to the my bank rejecting the transaction and implying that I can submit a new application. I contacted my solicitor for advice and was then informed that I am technically an overstayer and not likely to be successful submitting my application in country and also now no longer allowed to work. To say I was shocked is an understatment as the letter from the UKBA referred to none of this. I then contacted the UKBA and they confirmed verbally what my solicitor told me and said I should know this, even though it was not documented as such in my letter. Now, how they hell should I have known this?

Question is, do you believe I will not be successful? I have 2 kids, 1 of 2 years and another newborn of 3 weeks old and I am the only income earner. I really have done everything by the book and at the last hurdle find myself in this position and possibly leaving my family in a right financial mess.

[vinny]

Let's hope that reasonableness and proportionality prevails.

[John]

grantstevens, I agree with vinny. I am appalled that it took them 4 months to inform you that the payment had failed.

[grantstevens]

Met with my MP on Friday night and he agrees and promised to address this directly with the minister as he refuses to discuss this any further with civil servants......so, just hope and pray now.....hope they have the common sense to review as in country application.

[x-ray]

If i may ask, what method of payment did you use credit or debit card? and which bank was it?

[grantstevens]

HSBC mastercard. Application made on 17 March, forgot to transfer money to my credit card so did so on 19 March. Received a letter from HO dated 18 March to say they have my application. Phone them on 23 July to say I owas concerned as no money was taken. Then got a lettr dated 26 July saying that my application was invalid due to payment rejection. So not sure if it was my fault or theirs?

[John]

So not sure if it was my fault or theirs?

I think the fact that the payment did not go through is yours. However it is totally the fault of UKBA that they did no inform you about that .... promptly!

Based upon the dates you have quoted you could have reasonably expected to have been notified about the payment failure well before the end of March.

[grantstevens]

John, what do you think are my chances? My application is going in this week via my solicitor and my MP will be writing a letter to the Minister.

[John]

All I can say is that you have greatly enhanced your chances by taking the action you have taken.

[vinny]

HSBC mastercard. Application made on 17 March, forgot to transfer money to my credit card so did so on 19 March. Received a letter from HO dated 18 March to say they have my application.

If it was a credit card, as opposed to a debit card, then why was there a payment problem? If you were not over your credit limit, then shouldn't the payment have been honoured? You shouldn't have to transfer any funds before you received the credit card invoice/statement.

[grantstevens]

After many discussions with my solicitors about whether I should re-submit my application in country or just sacrifice my ILR and start from scratch, I have decided to take the risk apply in country. Reason for this decision is that: 1. UKBA took 4 months to inform me of payment issue. Had they written back immediately, I could have sorted out a new application while my visa was still valid. 2. Support from my MP. 3) Solicitors reckon I have a 50/50 chance so why not go for it. Same solicitors originally did my leave to remain 2 years ago. 4) If unsuccessful, can just return to my home country and the solicitors can get it done within 2 to 15 days apparently - however lose ILR (Cape Town).

Let me know what you guys think? Will also keep you posted on progress.

[need_a_tier1]

I have seen a similar case before and the card involved was a HSBC credit card - can't remember it was a Mastercard or Visa.

However, the application to UKBA was a Tier-1 Extension.

Basically, UKBA try to do successive transactions using the same card details. The transaction for the primary applicant's fee amount goes through. BUt, when they make the second (or successive) transaction, then the HSBC fraud prevention trigger kicks in and blocks any further transaction.

HSBC do try to call the customer to verify if they recognize the transaction, but if the customer is not reachable within 24/48 hrs they simply reject/block the transaction. A letter is also usually sent out from the fraud prevention department to cardholder's registered address, but not in each case (not sure why).

And, UKBA DO NOT notify the applicant promptly about this. They simply say that the payment failed. Later on the applicant finds out that the fee for primary applicant has been taken. Now they have to chase bot the bank and UKBA and both point in each other's direction.

My friend eventually got his fee refunded and lodged a compliant with HSBC as well.

Thankfully, he came to know about the failed transaction within a few weeks. He submitted the fresh application and included postal orders this time.

[vinny]

See also UKBA put in wrong CC security code: Payment rejected by bank

[grantstevens]

Dear All,

A quick update if you are interested?

My application has been re-submitted to the UKBA, this time via a solicitor and payment made also by solicitor. Has also been confirmd that payment was taken. Been over a week now and so many more weeks of agony.......

Currently my position is I will be given notice by my employer today with no option to suspend without pay until my visa issue is resolved. So much for support from my company. Secondly my family has to move in with relatives 300 miles away from where I am and I will move in with a friend as we have no income. Unfortunately this is the reality of the situation and with a 2 years old and a baby of 4 weeks old, things don't get any easier.

I don't want to bore you guys with my sop story however thought it may be of interest to others when reading these posts to understand just how much control the UKBA has over you. It also demonstrates that the UKBA is a hard, cold family killing machine when it wants to be.

Will keep you updated as to the progress of my application...

[Kitty]

grantstevens, hopefully Chy's recent experience will give you some comfort:

http://www.immigrationboards.com/viewtopic.php?t=61037

[arvKUM]

grantstevens, hopefully Chy's recent experience will give you some comfort:

http://www.immigrationboards.com/viewtopic.php?t=61037

Hi Grant
you ur case is straightworward and you will get ILR in next couple of weeks i dont see any reason why not . Not to worry

[grantstevens]

Update.....

Received a copy of a letter sent from the UKBA to my MP saying that they will not expedite my application, furthermore reminded my MP that if my application is unsuccessful, I will have no right to appeal and lastly will be deported at UKBA expense if I don't leave voluntarily......

So much for doing the right thing!

Think I am going to pack my bags and return to my home country with my family and leave the place to all those benefit and asylum cheats.

Good luck to all and thanks for the help and support.

[arvKUM]

Update.....

Received a copy of a letter sent from the UKBA to my MP saying that they will not expedite my application, furthermore reminded my MP that if my application is unsuccessful, I will have no right to appeal and lastly will be deported at UKBA expense if I don't leave voluntarily......

So much for doing the right thing!

Think I am going to pack my bags and return to my home country with my family and leave the place to all those benefit and asylum cheats.

Good luck to all and thanks for the help and support.

UKBA will never expedite any case and as per my information letter you and MP got is the standard reply they send.
I still think that ur case is very strong lets assume in worst case scenario your application is rejected with no right to appeal . I think you can still challenge this decision under human rights outside immigration control. It will be gross volation of your human right as you have got your active family life in UK and you are married to a british citizen.
If you leave the country your ILR clock will start again and i am not very sure how easy it will be get visa as you need to consider this that now you will classed as an overstayer
What is your solicitor opinion?

[vinny]

Question is, do you believe I will not be successful? I have 2 kids, 1 of 2 years and another newborn of 3 weeks old and I am the only income earner. I really have done everything by the book and at the last hurdle find myself in this position and possibly leaving my family in a right financial mess.

Article 8 of the ECHR - interim casework instruction (Chikwamba and others)

Rights of children a primary consideration

Fill in the UKBA's Survey of recent applicants for settlement.

[grantstevens]

Update.....

Can you believe it, after almost 3 weeks of re-submitting my out of time application, I have received my ILR.

My family and I can get on with our lives again

Thank goodness!

[vinny]

Great news!