Post
by Greenie » Tue Feb 07, 2012 5:15 pm
If an application is rejected as invalid and the applicant's leave has expired in the meantime, the applicant will be treated as an overstayer. It is the case that a further application can be be made but the application will be treated as out of time and the applicant will overstay until the application is granted. In the event that the application is refused, it would not attract a right of appeal as the application will have been submitted out of time and the applicant will more than likely have overstayed for more than 28 days due to the processing times.
Payment is the main reason why applications are rejected as invalid, but there are others, for example, photos do not meet guidance, mandatory sections of the form not completed (which could just mean a question missed) form not signed, old version of form submitted etc.
If there has been a significant delay in returning the application as invalid causing the applicant to become an overstayer there may be grounds to challenge the UKBA.
However I must say that I think this thread has run its course - the delays we are talking about are not really very significant, and at the moment we are not talking about a specific case where the application has been rejected as invalid - it is just speculation in general which I do not think is helpful.