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Visa mistake by British High Commission Islamabad

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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musaratnasreen
Newbie
Posts: 35
Joined: Mon Oct 05, 2009 4:26 pm
Location: london

Visa mistake by British High Commission Islamabad

Post by musaratnasreen » Wed Mar 23, 2011 12:01 pm

This info needed for my friend. Pl help specially senior members
Sequence of events
1) HSMP applied on 19 Apr 2006
2) Approval received on 15 May 2006
3) Visa stamped on 16 Jun 2006 FOR ONE YEAR
4) Entered UK on 14 Sep 2006
5) Applied extension in Jun 2007
6 Extension refused under new 7th Nov 2006 rules
7) UKBA extended visa till jun 2008 with remarks that Islamabad made mistake of giving one year visa instead of 2 years. Fee not reimbursed
8) Applied for extension in jun 2008 and visa extended till 14 sep 2011 under JR of 2008
Now case . Since 19 th Apr 2006 is close to 3rd Apr, my apprehension is that HSMP approval was under pre 3rd Apr 2006 rules. that is why Visa was issued for 1 year as per old rules otherwise it should have been for 2 years right away. Is there any means to find out about this.
Secondly since my friend is covered under JR of 2008 and should have not paid 750 pounds in jun 2008 for second extension(UKBA implemented JR in Jul 2008). Letters written to UKBA but no reply.
Question
A) Can she contest for ILR after 4 years like pre 3rd Apr 2006 applicants on the grounds that she was given one year visa instead of 2 years
B) Is she entitled for for reimbursement of 350 pounds (first extension fee in jun 2007) or 750 pounds (Second extension fee(paid in jun 2008
Please senior members to help with their experience

cheshiregoan
Member of Standing
Posts: 273
Joined: Tue Aug 11, 2009 6:45 pm

Re: Visa mistake by British High Commission Islamabad

Post by cheshiregoan » Wed Mar 23, 2011 6:04 pm

musaratnasreen wrote:This info needed for my friend. Pl help specially senior members
Sequence of events
1) HSMP applied on 19 Apr 2006
2) Approval received on 15 May 2006
3) Visa stamped on 16 Jun 2006 FOR ONE YEAR
4) Entered UK on 14 Sep 2006
5) Applied extension in Jun 2007
6 Extension refused under new 7th Nov 2006 rules
7) UKBA extended visa till jun 2008 with remarks that Islamabad made mistake of giving one year visa instead of 2 years. Fee not reimbursed
8) Applied for extension in jun 2008 and visa extended till 14 sep 2011 under JR of 2008
Now case . Since 19 th Apr 2006 is close to 3rd Apr, my apprehension is that HSMP approval was under pre 3rd Apr 2006 rules. that is why Visa was issued for 1 year as per old rules otherwise it should have been for 2 years right away. Is there any means to find out about this.
Secondly since my friend is covered under JR of 2008 and should have not paid 750 pounds in jun 2008 for second extension(UKBA implemented JR in Jul 2008). Letters written to UKBA but no reply.
Question
A) Can she contest for ILR after 4 years like pre 3rd Apr 2006 applicants on the grounds that she was given one year visa instead of 2 years
B) Is she entitled for for reimbursement of 350 pounds (first extension fee in jun 2007) or 750 pounds (Second extension fee(paid in jun 2008
Please senior members to help with their experience
It all depends upon the application date and as you have mentioned that the application date was 19th April 2006, your friend could not have been judged under the rules applicable before 3rd April, as the application was not made before then.
Please do not send me any Private Messages as I do not check these.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Mar 23, 2011 7:29 pm

IMHO, a refund is due (for the fees you had to pay in 2007).
Whether you can get it out of UKBA is another matter.
Life isn't fair, but you can be!

bani
Senior Member
Posts: 796
Joined: Thu Oct 28, 2004 10:01 am
Location: UK
Contact:

Post by bani » Wed Mar 23, 2011 10:55 pm

No, she cannot get ILR after 4 years. There are many cases of people getting one year visas when they should have gotten 2 (because the embassies didn't follow the new HSMP rules in April 2006), but these people still have to complete 5 years for ILR. Normally, she would have been given a 4 year extension in 2007.

Sorry, she missed the refund deadline. They did have a HSMP JR refund form in place in 2009 for unecessary 2nd extensions, but the deadline for refund applications has long since passed. Maybe it is still worth trying, but no guarantees that she will get her money back.

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