invalid tier 4 application deu to incorrect photographs

[shamsa01]

My application has been returned bcz of incorrect photographs now they are asking me to submit a new application with latest photographs. but my visa has been expired on 18 may 2011. my questions are:
1.can I send the same bank statement? which has reduced mentainance funds.
2.Are they going to treat my application as out of date application ?
3.What are the chances of getting visa?
4.Am I overstayed if yes is it going to effect me in the future if i apply for ILR under 10 year rule. Thanks

[sakib2000]

What happen to ur photograph.did you send old photo.same things happen to my one of friend.as far I know u are technically overstayer.you need to send new bank statement I'm not sure abt reduce fund.

[vinny]

You are an overstayer, unless they exercise discretion to treat your submission of new photographs as a variation of your original application.

[shamsa01]

Thanks vinny for replying . Can I send the same statement back according to which I was qualifying for reduced maintenance funds and it is not more than 28 days old its valid until 14th of june. Thanks

[vinny]

Perhaps submit everything as if if was a new application. Request they exercise discretion to treat it as a variation of the original application. Get professional advice.

[shamsa01]

Perhaps submit everything as if if was a new application. Request they exercise discretion to treat it as a variation of the original application. Get professional advice.

I have submitted my application today withe new photographs and a covering letter asking to consider my application with kindness as I havent done that mistake intentionally and also i have send the same bank statement with reduced maintenance funds. Lets see what happens.

[shamsa01]

Perhaps submit everything as if if was a new application. Request they exercise discretion to treat it as a variation of the original application. Get professional advice.

Could you please advise whether i still qualify for reduced maintenance funds. i am going to send the same bank statement and cas statement that i have send earlier as it is still less than 28 days old. please help me. Thanks

[Celtic]

Unfortunately your application will be denied. HO doesn't excerise discretion when applicant doesn't have enough points.

[vinny]

I was assuming that the original application, if valid, had sufficient points.

[Celtic]

As application was returned as invalid due to incorrect photographs, it didn't even get looked at by the casewoker. Hence no way to determine if applicant even met the criteria that time.

As OP has now made fresh application, he will be denied further leave for failing to meet the funds requirement.

[vinny]

That's why I had suggested:

Request they exercise discretion to treat it as a variation of the original application. Get professional advice.

You are an overstayer, unless they exercise discretion to treat your submission of new photographs as a variation of your original application.

[Rubablu]

I have same situation.I was really confused because lot of people advising lot of things, even lot of solicitors says diffent ways.At last I convinced with one solicitor advice and I sent everything same with new photograph.I sent it on 1st june and they received 2nd june.Still waiting for letter.

Did you receined confirmation that the HO received your application ?

[shamsa01]

I have same situation.I was really confused because lot of people advising lot of things, even lot of solicitors says diffent ways.At last I convinced with one solicitor advice and I sent everything same with new photograph.I sent it on 1st june and they received 2nd june.Still waiting for letter.

Did you receined confirmation that the HO received your application ?

[mholod]

You will not be considered as student that has established presence, thus you need to show funds for 9 month. If I'm not wrong that is in effect since 21. April 2011.

[shamsa01]

I was assuming that the original application, if valid, had sufficient points.

Hi, Vinny they have also given me grounds of appeal and one of them states that i can appeal on the ground that they should have used discretion in a different way. Please advise me what are the appropriate grounds of appeal.
Thanks

[vinny]

I think that when the UKBA declares an application as "invalid" after leave has expired, it undermines the statutory protection normally provided by Section 3C. There may be a legitimate expectation for the UKBA to exercise discretion in favour of the applicant whenever possible (35), to ensure fairness.

As suggested earlier, recommend that you get professional advice.

[zinao]

hi

yeah your right, vinny. this invalid situation is a grey area and needs to be sorted out.it means ppl who are refused get better rights than us , that tried to submit our applications before our leave expired. the home office told me in my preaction protcol for JR that they only provide discretion to applications that have been with them for at least 3 months before invalid. so in other words if someone sends their applocation in 2 months b4 their leave expires, and the ho decide that their application is invalid the day it expires or after, they would be messed up

its so difficult getting a solicitor to take my case as i know have to on legal aid because jr is expensive. my other solicitor does not provide it. any solicitor recomendations?

before going to the nexts steps of jr, will it be wise to consult my MP as to use another avenue. He is conservative. As all this policies are their doing , i dont know and dont want to make things worse.

[vinny]

any solicitor recomendations?

professional

Click on link.

[shamsa01]

I had hearing on wednesday and won my appeal.

[vinny]

Great news!

More details please.