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FLR Tier 1 (HSMP) 6wks on - have letter but no payment taken

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eppiblue
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FLR Tier 1 (HSMP) 6wks on - have letter but no payment taken

Post by eppiblue » Wed May 11, 2011 9:12 pm

Hi

I have a worrying situation and just wondered if anyone has heard of this happening.

Applied for FLR Tier 1 (HSMP) which is a valid option for me. I meet all the criteria etc.

Sent application 24th March
UKBA Payment attempt DENIED by bank on 28th March
Letter received 30th March confirming receipt of application and it says "the application will be passed to a caseworking team for validation and consideration"

The issue is no payment has been taken from my credit card. The day after I sent my application my credit card was blocked by the bank due to suspected fraud activity. The bank didnt advise me of this until after UKBA attempted to take payment. I tried to contact UKBA but they refuse to put me through to the payment team or discuss my application as it has been with them for less than 14 weeks, therefore within their acceptable time frame. They wont even check the reference number I have been given in the letter.

I'm at a loss what to do. Its been approx 6 weeks now and I still havent been sent back my documents or passport. I have no idea if they didnt realise the payment was declined and are processing as normal or if it's lost on someones desk somewhere or lost in the post in the past few weeks...

Has anyone got experience of this? I'm not sure if I just keep waiting.. I need my passport early June for a family engagement.

glasgow15
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Post by glasgow15 » Wed May 11, 2011 10:04 pm

did they invite you for biometrics...?

eppiblue
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Post by eppiblue » Thu May 12, 2011 9:01 am

No, but that is not part of an extension to FLR Tier 1 HSMP.

goldfish
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Post by goldfish » Thu May 12, 2011 9:41 am

eppiblue wrote:No, but that is not part of an extension to FLR Tier 1 HSMP.
Yes it is. For my HSMP (Tier 1) extension biometrics were required.

eppiblue
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Post by eppiblue » Thu May 12, 2011 9:55 am

From what I read on the UKBA site Im assessed under the old HSMP rules. I first got HSMP in March 2006. The form I was directed to fill out didnt mention anything about biometrics?

http://www.ukba.homeoffice.gov.uk/worki ... ionofstay/

This page explains the arrangements that have been put in place for migrants covered by HSMP Forum judicial review judgement who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future. The requirements for an extension of stay will be those that were in place before 7 November 2006.

To apply for an extension of stay (we call this further leave to remain) you will need to use the FLR Tier 1 (HSMP) application form in conjunction with the FLR Tier 1(HSMP) Guidance Notes. You can download the application form and guidance notes from the right side of this page. If you are successful, we will grant you either three years' leave or enough leave to take you to the settlement threshold, whichever is the greater.

If you are covered by the judicial review judgment and inadvertently apply for an extension using the Tier 1(General) further leave form, we will try to assess your application under the Highly Skilled Migrant Programme (HSMP) criteria that were in place before 7 November 2006 but may need to come back to you for further information.

geriatrix
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Post by geriatrix » Thu May 12, 2011 12:25 pm

1. When does your current leave expire? Or has it expired?
Life isn't fair, but you can be!

eppiblue
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Post by eppiblue » Thu May 12, 2011 12:47 pm

sushdmehta wrote:1. When does your current leave expire? Or has it expired?
18th April 2011 - so Im currently in limbo land

geriatrix
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Post by geriatrix » Thu May 12, 2011 1:04 pm

You should contact UKBA, tell them that you are aware that payment has been denied and enquire if you can make alternative arrangement for payment (postal orders) for your application that is presently sitting somewhere with UKBA. Given your attempts earlier, this may prove difficult but you have no choice but to keep trying your luck that some generous soul on the other end of the phone will understand your predicament.

What may be difficult also, given the situation, is to ensure that UKBA tags your new payment with your existing application - and does not return the application as invalid (for non-payment of fees) even after you send them the postal orders.

Alternatively, you can wait for UKBA to contact you regarding payment refusal (if they ever do) or return your application as invalid. If they choose to do the latter, you'll then be left at UKBA mercy to accept an out-of-time application for consideration ... and this may also affect your "lawful stay" in the UK for the purpose of settlement.
Life isn't fair, but you can be!

eppiblue
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Post by eppiblue » Thu May 12, 2011 2:17 pm

sushdmehta wrote:You should contact UKBA, tell them that you are aware that payment has been denied and enquire if you can make alternative arrangement for payment (postal orders) for your application that is presently sitting somewhere with UKBA. Given your attempts earlier, this may prove difficult but you have no choice but to keep trying your luck that some generous soul on the other end of the phone will understand your predicament.

What may be difficult also, given the situation, is to ensure that UKBA tags your new payment with your existing application - and does not return the application as invalid (for non-payment of fees) even after you send them the postal orders.

Alternatively, you can wait for UKBA to contact you regarding payment refusal (if they ever do) or return your application as invalid. If they choose to do the latter, you'll then be left at UKBA mercy to accept an out-of-time application for consideration ... and this may also affect your "lawful stay" in the UK for the purpose of settlement.

Hmmm... I was kinda hoping the possibility was that they havent realised the payment was declined. I dont understand why they would send a letter 4 days after the payment declined. Surely then they would just send the application back, but I havent received that either.

geriatrix
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Post by geriatrix » Thu May 12, 2011 2:26 pm

eppiblue wrote:I was kinda hoping the possibility was that they havent realised the payment was declined.
Doesn't change a thing. The day they realise it the application will be stamped "invalid". Any delays affect you .. not the UKBA.
eppiblue wrote:I dont understand why they would send a letter 4 days after the payment declined.
Is UKBA "error free"?
eppiblue wrote: Surely then they would just send the application back, but I havent received that either.
Yes, but this can take months .. as has been observed from various posts by people who were in similar situation as you.
Life isn't fair, but you can be!

cruzez
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Post by cruzez » Thu May 12, 2011 3:31 pm

I had same problem once, payment declined by bank. Home office sent my application back after 6 weeks with a refusal letter stating payment not received. I have to make new application again but I wisely selected Postal Order option.

goldfish
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Post by goldfish » Thu May 12, 2011 4:59 pm

eppiblue wrote:From what I read on the UKBA site Im assessed under the old HSMP rules. I first got HSMP in March 2006. The form I was directed to fill out didnt mention anything about biometrics?
I am old HSMP as well. The form doesn't mention biometrics but I received a letter asking me to enrol my biometrics which I did. When I contacted them, UKBA confirmed that they are required for all extensions even those under old HSMP. (When my visa was approved, it was vignette in passport, not BRP though.)

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