Fraud victim..need urgent advice

[S.Ahmed]

Hi,

I am a Tier4 (General) student in UK. On 27th October 2011 I sent my application to Home office for extension of visa. Unfortunately on 31st October 2011 it was confirmed by my bank that I have been victim of fraud as somebody hacked into my account and stole all the money, the incident took place on 24th October 2011. However, thankfully my bank has recovered the sum yesterday, but today on 1st November 2011 after communicating with one of the official in bank again I was informed after my enquiry that Home office have already made an attempt to charge the fee from my account which was declined by the bank as during that time I did not have enough money because the account was compromised and only yesterday on 31st October 2011 I was refunded the fraud money after long investigation. The official letter from the bank will arrive in couple of days (according to the bank official) confirming the events that took place in last week.

I am worried that now home office will refuse my application and send back all the documents. Also, my visa was due to expire on 30th October 2011. I would really appreciate, kindly If someone can shed a light on to my situation. I am also writing a letter to Home office just in case to update them about the events that took place in past week.

I even rang the the people in home office today but the operators said that they don't know the status of my application and most probably the person who is dealing with my application will send back the documents because of non payment of application fee.

[Deviser]

That’s why its always been suggested that pay visa fee by Postal Order or Cashier's Cheque, if you are applying by post.

Anyways, your application will be returned to you and you become an ‘overstayer’ now, as your visa has been expired already. You can again submit a fresh application with all valid documents (i.e. valid CAS plus 28 days bank statements. etc.) with the proof of matter you stated in your post but its now upto UKBA discretion they will accept or refuse your application.

Also, very important, if your application accepted, but refused with any reason you will not be having 'In-country Appeal Rights' cause technically you are making an 'out-of-time' application whatever the reason is.

My suggestions are:

1.) Consult a good immigration lawyer who will make proper/error free fresh application with full explanation of the bank's matter.

2.) Return to you home country and make a fresh application from there, if possible.

Best of luck!

[S.Ahmed]

Thank you so much for the reply Deviser.

So now I have to wait for the reply from HO. Lets hope they give me another chance. I am completely devastated and feel broken from inside at the moment. I was maintaining the bank statement from last four months. Finally got the CAS letter after several attempts in English test and now this. I only need to stay for six more months as in April my course will finish. All my friends send the application fee by filling out the card details on form but my account all of a sudden on 24th October was compromised by somebody and my bank security failed to recognize the thief.