PSW application invalid, re-applying when visa expired in UK

m_as77 · Post by **m_as77** » Fri Feb 11, 2011 9:21 pm

I applied for Tier-1 (PSW) in the UK on the 6/1/2011. Unfortunately correct form was not used at the time of submission. My application was invalid and returned with the following reason on 5th February 2011 (recived in-post on 10 Feb.):

"The application or claim must be made using the correct specified form. In this case version 11/10 application forms are only valid if posted on or before the 04/01/2011. The forms received by yourself were posted on the 6/1/2011."

Meanwhile on 23/01/2011 my student visa expired. I would like to resend new application on correct form. However, I am not sure if submitting an application from the UK is still an option as my visa has already expired.

Please guide.

Thanks,
m_as77

Post by **Greenie** » Fri Feb 11, 2011 9:58 pm

Read this thread

http://www.immigrationboards.com/viewtopic.php?t=71995

m_as77 · Post by **m_as77** » Sat Feb 12, 2011 12:32 am

Thank you Greenie for your reply.

After reading the thread you provided, my understand is i should send PSW application on correct form soon and the fact my student visa has already expired last month would not cause rejection on the grounds of over stay.

Please let me know if that's correct?

Thanks

arsenal49 · Post by **arsenal49** » Sat Feb 12, 2011 12:49 am

m_as77 wrote:Thank you Greenie for your reply.

After reading the thread you provided, my understand is i should send PSW application on correct form soon and the fact my student visa has already expired last month would not cause rejection on the grounds of over stay.

Please let me know if that's correct?

Thanks

thats correct but i know someone who was advised(uni immig. advisor) to go back home and apply from there as that was considered safer way...

can you go back home and sucessfully apply(different conditions, especially maintenance related stuff). if not, then you have no option but to apply as an overstayer.

regards

Post by **Greenie** » Sat Feb 12, 2011 7:07 am

Yes you should apply asap using correct form. Don't forget that you might need to update your bank statements and if you have now had your graduation you will also need your degree certificate as well as the letter from your uni. You must make a perfect application as you will not get a right of appeal if refused.

your other option is to return home as long as you return by 20th Feb as if you stay longer you will have ovestayed more than 28 days and will be banned from making further applications for leave to enter or entry clearance for a year. You will also need to have held Â£2800 for 3 months instead of Â£800

If you can't return home before the 28th day or won't meet the higher maintenance requirements then remaining in UK and applying from here is your best option but as an overstayer you can't work until you have your visa

chaitanyamahaprabhu1 · Post by **chaitanyamahaprabhu1** » Sat Feb 12, 2011 10:38 am

Hey did u do ur biometric? So which means you got all ur doc back after doing your biometric as ur application form was invalid. Well, u can still reapply frm UK one of my fend did the same His form was invalid n his visa had expired by then when he recvd his application bak from Ukba. Try n apply with latest bank statement or letter frm bank stating tht u have more than 800 in ur bank for 90 days. U will be fine and do not leave UK try to sort it out from here. You will not be counted as an over stayer if you apply before 20 th feb as your visa expired on 23rd jan. So you just need to sort with letter from bank for your funds.

m_as77 · Post by **m_as77** » Sat Feb 12, 2011 11:07 am

Many thanks to all of you for replying back.

Based on what has been said I would be re-applying on Monday with updated bank statement.

Just so you know I did not have biometric done as there was no letter from UKBA in this regard. After submitting application I received acknowledgement letter and then most recent invalid application letter.

Thanks again for your guidance.

I would let you know the outcome of my application when its decided.

AUHS · Post by **AUHS** » Sat Feb 12, 2011 11:32 am

Send the correct application form with a well prepared covering letter explaining all this situation and hopefully you will get through this time.

Best of luck

chaitanyamahaprabhu1 · Post by **chaitanyamahaprabhu1** » Sat Feb 12, 2011 11:59 am

Hey the reason I asked for your biometric thing because even I used invalid application form , had sent my application on 19 jan, visa expired 31 jan ,acknowledgment revs 26th jan dated 24 jan. Biometric letter recvd 1 st feb dated 29th jan. N I did my biometric on 2nd feb. But I also sent them a correct application form on 1st feb just a day after my visa expired with a covering letter explaining my situation. So Ian just waiting fr there verdict. In my case despite of incorrect application form they sent me biometric letter.

m_as77 · Post by **m_as77** » Mon Feb 14, 2011 11:33 am

I spoke to Immigration Enquiry Bureau this morning and I was advised to file an application from abroad based on the fact my visa has already expired last month. I could have done that but the required maintenance funds only meet 'in the UK' application requirement and now waiting for another 90 days to get the bank statement sorted would mean I rish the chance of even losing the option of PSW.

I mentioned to the lady I spoke to about re-applying with coverying letter, however, she said its up to the discretion of the case-work to either accept or reject my application.

At the same time I met OISC representative who said application could be sent. He mentioned high court ruling quite recently that allows applications from overstay persons like me.

Any guidance would be appreciated.

P.S. any sample covering letter would be very much appreciated.

Thanks

chaitanyamahaprabhu1 · Post by **chaitanyamahaprabhu1** » Mon Feb 14, 2011 11:52 am

Hey you are still not overstayed. Pls explain all details like wen u applied, wen ur visa expires, when u recvd doc bak frm Ukba. Explain themsince u used wrong version of form as you had saved on ur desktop so to b extra cautious and were not aware of new version. N explain hence u r resubmitting ur application with a correct version. Ukba customer care don't giv proper advise so only u need to do is procure letter from bank saying u hav more than 800 frm 90 days. Hope u hav nt touched ur funds. U need to keep 550 in ur bank as Ukba will again deduct 550 n they will return earlier amt in 28 days. Pls apply before 20 feb

Post by **Greenie** » Mon Feb 14, 2011 12:03 pm

chaitanyamahaprabhu1 wrote:Hey you are still not overstayed. Pls explain all details like wen u applied, wen ur visa expires, when u recvd doc bak frm Ukba. Explain themsince u used wrong version of form as you had saved on ur desktop so to b extra cautious and were not aware of new version. N explain hence u r resubmitting ur application with a correct version. Ukba customer care don't giv proper advise so only u need to do is procure letter from bank saying u hav more than 800 frm 90 days. Hope u hav nt touched ur funds. U need to keep 550 in ur bank as Ukba will again deduct 550 n they will return earlier amt in 28 days. Pls apply before 20 feb

The OP has overstayed. Why do you think she hasn't?

The OP did not make a valid in-time application to extend her leave therefore her leave expired on 23/01 and s/he is now an overstayer.

IEB are incorrect, you can apply now as the rules only require that you have or were "last granted" leave in one of the relevent categories. However if the application is refused you will not get a right of appeal.

chaitanyamahaprabhu1 · Post by **chaitanyamahaprabhu1** » Mon Feb 14, 2011 12:25 pm

@ green: I agree with u. It was communication error what I meant was his application will get refused if he overstays more than 28 days. My staring comment was in context with still not crossing 28 days or more after his visa expires. So technically he isoverstayer as his visa expired but he has not crossed 28 days limit ( Thts Wht I meant by overstayed)

Post by **Greenie** » Mon Feb 14, 2011 12:33 pm

chaitanyamahaprabhu1 wrote:@ green: I agree with u. It was communication error what I meant was his application will get refused if he overstays more than 28 days. My staring comment was in context with still not crossing 28 days or more after his visa expires. So technically he isoverstayer as his visa expired but he has not crossed 28 days limit ( Thts Wht I meant by overstayed)

the mandatory refusal on the grounds that someone has overstayed for more than 28 days only applies for applications for entry clearance or leave to enter, not applications for for leave to remain.

chaitanyamahaprabhu1 · Post by **chaitanyamahaprabhu1** » Mon Feb 14, 2011 12:41 pm

Thanks green fr ur clarification. Does tht mean there is no clause for overstaying for applying within the uk. Wich means even if he applies after crossing 28 days using correct application form n all relevant up to date documents. He will nt qualified as overstayer n apply fr leave to remain. So if u r in uk n the visa application is invalid the visa has expired, so Wht is the time limit or deadline to apply.

m_as77 · Post by **m_as77** » Fri Mar 25, 2011 3:05 am

Hi All,

I thought I should let you guys know my application for PSW has been approved. Thank you all for your help.

fanymar4 · Post by **fanymar4** » Tue Aug 02, 2011 8:03 am

Greenie wrote:
chaitanyamahaprabhu1 wrote:@ green: I agree with u. It was communication error what I meant was his application will get refused if he overstays more than 28 days. My staring comment was in context with still not crossing 28 days or more after his visa expires. So technically he isoverstayer as his visa expired but he has not crossed 28 days limit ( Thts Wht I meant by overstayed)
the mandatory refusal on the grounds that someone has overstayed for more than 28 days only applies for applications for entry clearance or leave to enter, not applications for for leave to remain.

dear G,

that means can i apply PSW after crossing 28days as far as i have entry clearance on my passport?
pls i need the answer. thank you.

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PSW application invalid, re-applying when visa expired in UK

PSW application invalid, re-applying when visa expired in UK

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