Invalid Application due to improper photograph - PLEASE HELP

[Rubablu]

I applied for extension on 18th April, HO received it 19th April acknowlegement received on 3rd May 2011.Today 13 May they returned application and documents as "INVALID APPLICATION" due to immproper photograph (mouth was littlebit open).

What should I do now.Is it acceptable if I do another fresh application ? Please note my visa already expired on 30th April. Do I need another CAS if I do another fresh application ? Can I do premium service or I can apply only by post.

Please help.

[Greenie]

you need a new CAS

Yes you need to make another application.

You are unlikely to get an appointment for the premium service and also that is only for straightforward applications - as you are now an overstayer it will not be straightforward so you should apply by post.

Note that after 28th May you will have overstayed for more than 28 days and this could result in ban of at least a year should your next app be refused and you are required to return home.

How much are you showing for your maintenance ?- they have changed the rules on established presence so that strictly speaking you need to have leave at the time of your application in order to qualify for the reduced maintenance amount

[Rubablu]

you need a new CAS

Yes you need to make another application.

You are unlikely to get an appointment for the premium service and also that is only for straightforward applications - as you are now an overstayer it will not be straightforward so you should apply by post.

Note that after 28th May you will have overstayed for more than 28 days and this could result in ban of at least a year should your next app be refused and you are required to return home.

How much are you showing for your maintenance ?- they have changed the rules on established presence so that strictly speaking you need to have leave at the time of your application in order to qualify for the reduced maintenance amount

thanks for your reply.Ca you please answer my bellow point ?
If I need new CAS do I need IELTS ?
Can I use my parter's fixed deposit as maintainence fund ?
What will be my and my partner's work permission ?

[zinao]

you need a new CAS

Yes you need to make another application.

You are unlikely to get an appointment for the premium service and also that is only for straightforward applications - as you are now an overstayer it will not be straightforward so you should apply by post.

Note that after 28th May you will have overstayed for more than 28 days and this could result in ban of at least a year should your next app be refused and you are required to return home.

How much are you showing for your maintenance ?- they have changed the rules on established presence so that strictly speaking you need to have leave at the time of your application in order to qualify for the reduced maintenance amount

sorry what is the new rules on maintainance?

[Rubablu]

When I applied I had enough fund but now I do not have enough money in bank for maintanence.I have fixed deposit but lot of people said FDR is not secure as maintanence fund, Its better to put money to bank again and to wait for 28 days.I am not sure what to do.
Can i put money to bank and apply after 30 days when I will get new statement ? Please note my visa already expired 30 April 2011.So in this case if I apply again are they consider to give visa ? or normally they refuse again.Please help if any body have any experience.

[armleys]

I am not OISC or solicitor, just to give you a hint regarding your dilemma; if you withdraw money from your FD and maintain 28 days funds in your personal bank account, by then 28 days grass period will elapse, I'll suggestion you to visit below link or seek an advice from immigration solicitor as soon as possible.

http://www.ukba.homeoffice.gov.uk/study ... nce/money/#

I am agree with Geenie, except on new CAS, I think you don't need new CAS as your CAS is not yet been used or process. Please contact your educational provider to find out status of your CAS on their system (Assigned or used or expired)
Regards,

[Greenie]

yes - correction - you should not need a new CAS if the application is rejected as invalid because the application is treated as if it never happened. However you should check with your institution that the CAS has not been marked as used and is still valid. If it has gone to 'used' you need to get a new CAS.

The new rules on maintenance are that you do you qualify as a student with an established presence in the UK (and therefore to show the lower maintenance amount of 2 months) if you apply after your leave has expired. This means you will need to show the maximum maintenance amount - i.e. £600/800 for every month up the course up to a maximum of 9 months.

Fixed Deposits will not be accepted as the funds are not available to you (see para 152 of the tier 4 guidance). You could wait until you have had the fund for 28 days and apply again - however if refused you will not get a right of appeal and will be subject to a ban on future entry clearance applications. Your other option is to return home before 28th May (i.e. before you have overstayed for more than 28 days) and apply from there once you have held the funds for the required period.

[Rubablu]

yes - correction - you should not need a new CAS if the application is rejected as invalid because the application is treated as if it never happened. However you should check with your institution that the CAS has not been marked as used and is still valid. If it has gone to 'used' you need to get a new CAS.

The new rules on maintenance are that you do you qualify as a student with an established presence in the UK (and therefore to show the lower maintenance amount of 2 months) if you apply after your leave has expired. This means you will need to show the maximum maintenance amount - i.e. £600/800 for every month up the course up to a maximum of 9 months.

Fixed Deposits will not be accepted as the funds are not available to you (see para 152 of the tier 4 guidance). You could wait until you have had the fund for 28 days and apply again - however if refused you will not get a right of appeal and will be subject to a ban on future entry clearance applications. Your other option is to return home before 28th May (i.e. before you have overstayed for more than 28 days) and apply from there once you have held the funds for the required period.

I checked with college and they confirmed me that CAS is still valid and no need new CAS.
I already put money to my account and will wait for 28 days.In my UK account I have 2 months maintenence fund available.But if I need to show funds for 9 months then I need to show my back home account and 9 months funds will be avilable only from 30 May. Do you think that it will be better to apply along with 9 months fund ? Or it will be too late ?

Another point , can you please tell me where I can get the deails that I need to show full 9 months fund if leave expired ? Please give me link if possible.

Thanks a lot all of you for your kind advice.

[Greenie]

See Appendix C of the Immigration Rules


An applicant will have an established presence studying in the UK if the applicant has current entry clearance, leave to enter or leave to remain as a Tier 4 migrant, Student or as a Postgraduate Doctor or Dentist and at the date of application:

(i) has finished a single course that was at least six months long within the applicant's last period of entry clearance, leave to enter or leave to remain, or
(ii) is applying for continued study on a single course where the applicant has completed at least six months of that course.

[Rubablu]

See Appendix C of the Immigration Rules


An applicant will have an established presence studying in the UK if the applicant has current entry clearance, leave to enter or leave to remain as a Tier 4 migrant, Student or as a Postgraduate Doctor or Dentist and at the date of application:

(i) has finished a single course that was at least six months long within the applicant's last period of entry clearance, leave to enter or leave to remain, or
(ii) is applying for continued study on a single course where the applicant has completed at least six months of that course.

I already finished 1 year course and got esult on 18th April 2011. So I qualify for reduce fund.Only the poblem now my visa expired on 30 Apil 2011.So do you think that they will not consider me with reduce fund ?

[Greenie]

See Appendix C of the Immigration Rules


An applicant will have an established presence studying in the UK if the applicant has current entry clearance, leave to enter or leave to remain as a Tier 4 migrant, Student or as a Postgraduate Doctor or Dentist and at the date of application:

(i) has finished a single course that was at least six months long within the applicant's last period of entry clearance, leave to enter or leave to remain, or
(ii) is applying for continued study on a single course where the applicant has completed at least six months of that course.

I already finished 1 year course and got esult on 18th April 2011. So I qualify for reduce fund.Only the poblem now my visa expired on 30 Apil 2011.So do you think that they will not consider me with reduce fund ?

You don't have current entry clearance or leave to remain so strictly speaking, no, you can't be considered to have an established presence as a student.

[shamsa01]

I applied for extension on 18th April, HO received it 19th April acknowlegement received on 3rd May 2011.Today 13 May they returned application and documents as "INVALID APPLICATION" due to immproper photograph (mouth was littlebit open).

What should I do now.Is it acceptable if I do another fresh application ? Please note my visa already expired on 30th April. Do I need another CAS if I do another fresh application ? Can I do premium service or I can apply only by post.

Please help.

I am facing the same problem like you . I have posted my new application with new photographs but every thing else was same. Lets see what happens?

[shamsa01]

I applied for extension on 18th April, HO received it 19th April acknowlegement received on 3rd May 2011.Today 13 May they returned application and documents as "INVALID APPLICATION" due to immproper photograph (mouth was littlebit open).

What should I do now.Is it acceptable if I do another fresh application ? Please note my visa already expired on 30th April. Do I need another CAS if I do another fresh application ? Can I do premium service or I can apply only by post.

Please help.

could you please update what have you done regarding your application as i am facing the same proble like yours.

[Rubablu]

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 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 ?

Could you please tell me whether you were qualified for established presence at the time of making new application bcz you were overstayed. Thanks

[Rubablu]

Could you please tell me whether you were qualified for established presence at the time of making new application bcz you were overstayed. Thanks

I hope we qualify for established presence . I know lot of plople give lot of info bult all are not practical.

[vinny]

Another same problem.

[shamsa01]

i have received decision today, they have refused my visa on the grounds that I do not have established presence thats why i do not qualify for reduced maintenance funds. They havnt treated my application as a continuity of the previouse application. And on grounds of appeal they have stated that I can appeal that 'discretion should have been used differently'.Please suggest That what should i do. If i appeal what are the chances. Just mention that my first application was in time and was qualify for reduce maintenance funds.

[vinny]

Sorry to hear about this.

Did you enclose any explanation for the failure/incorrectness of the original photographs, as referred in paragraphs 25, 26, 27, etc.? Any arguments on why they should exercise discretion?

Did you get any professional help?

[shamsa01]

Sorry to hear about this.

Did you enclose any explanation for the failure/incorrectness of the original photographs, as referred in paragraphs 25, 26, 27, etc.? Any arguments on why they should exercise discretion?

Did you get any professional help?

Hi vinny i havnt appealed yet I am going to appeal on monday . I dont understand one thing according to the decision case worker said I do not have established presence as I have made out of time application That means he didnt treat my application as a continuity of the previouse one. If this is the case why I have been given right of appeal.

[vinny]

Yes, that is inconsistent. If you are able to appeal, then you should.

[zinao]

hello

sorry if it seems that i am hijacking this thread but this is relevant.

this problem is similar to my issue due to the fact that my intime application was invalid and when i resubmitted i was refused due to maintainance as the home office said that i did not have established presence. but why would the home office give someone discretion to appeal, when they resubmitted when they did not have leave and give another person(myself) no right.

nb: i also wrote a letter asking for discretion dring resubmission

[zinao]

is there a link on the caseworkers instructions on refusals nd invalid?

[Greenie]

Sorry to hear about this.

Did you enclose any explanation for the failure/incorrectness of the original photographs, as referred in paragraphs 25, 26, 27, etc.? Any arguments on why they should exercise discretion?

Did you get any professional help?

Hi vinny i havnt appealed yet I am going to appeal on monday . I dont understand one thing according to the decision case worker said I do not have established presence as I have made out of time application That means he didnt treat my application as a continuity of the previouse one. If this is the case why I have been given right of appeal.

have they made a decision to remove you? What does your notice of decision say at the top?

[shamsa01]

Sorry to hear about this.

Did you enclose any explanation for the failure/incorrectness of the original photographs, as referred in paragraphs 25, 26, 27, etc.? Any arguments on why they should exercise discretion?

Did you get any professional help?

Hi vinny i havnt appealed yet I am going to appeal on monday . I dont understand one thing according to the decision case worker said I do not have established presence as I have made out of time application That means he didnt treat my application as a continuity of the previouse one. If this is the case why I have been given right of appeal.

have they made a decision to remove you? What does your notice of decision say at the top?

No , They havnt made such decision I am going to appeal on monday.