Resubmitting an FLR(O) application after payment rejection.

[Saske2013]

I have made an application for an FLR(O) domestic worker application. My current FLR visa has expired on the 6th of September 2012. I submitted an FLR(O) application on the 4th of September and UKBA confirmed receipt on the 6th of September 2012.

This application was later rejected as 'invalid' because payment could not be taken for the application. My sponsor was paying for the application and he provided his debit card details on the application.

On 3rd Oct 2012, I received the standard UKBA letter explaining that payment has failed and that the application can be returned/resubmitted. My sponsor called the Home Office to enquire on what to do next and explained that my current Visa has already expired. The advice on the phone was that we have 28 days to resubmit the application rectifying the issue with the payment. We did this.

I resubmitted an application on 19/10/2012. It took sometime to receive new supporting documents (bank statements/payslips for sponsor).

On 25th January, We received the rejection letter from UKBA explaining that:

"Your first valid application for further leave to remain was made on 19 October 2012, however your leave to remain expired on 6th September 2012. You therefore did not have leave to remain at the time of your application."

Also there is no right of appeal.

The issue here is that I was advised by UKBA that I have 28 days to resend my application even though my visa has expired. Therefore, I followed the advice and resubmitted the application again. If I was told that I cannot reapply and that I need to leave the UK and apply again overseas, I would have been more than happy to do so. Therefore, it is not fair that I was advised to do something and now I am suffering the consequences of this advice.

What are my options now?
I understand that if I leave the country now and re-apply, any further applications are likely to be refused because of what happened.

What are my prospects of success for challenging this?

[Obie]

You do have a very strong case, if you indeed provide the correct details.

Also see

Basnet (validity of application - respondent) [2012] UKUT 00113(IAC)

And Invalid Application due to payment problem

[Saske2013]

Thanks Obie. Can you please explain what you mean by "if you indeed provide the correct details"?

If you mean that I provided the correct payment details, then yes, I am sure the payment details were correct on the application. However, I am not sure if the failure of the payment was due to an issue from my sponsor's bank (e.g. insufficient funds) or because an error made by UKBA.

I have also read the links you provide below, but I am not sure what this means in my case. Can you please help me understand how this impacts my case?

[shendean]

I have made an application for an FLR(O) domestic worker application. My current FLR visa has expired on the 6th of September 2012. I submitted an FLR(O) application on the 4th of September and UKBA confirmed receipt on the 6th of September 2012.

This application was later rejected as 'invalid' because payment could not be taken for the application. My sponsor was paying for the application and he provided his debit card details on the application.

On 3rd Oct 2012, I received the standard UKBA letter explaining that payment has failed and that the application can be returned/resubmitted. My sponsor called the Home Office to enquire on what to do next and explained that my current Visa has already expired. The advice on the phone was that we have 28 days to resubmit the application rectifying the issue with the payment. We did this.

I resubmitted an application on 19/10/2012. It took sometime to receive new supporting documents (bank statements/payslips for sponsor).

On 25th January, We received the rejection letter from UKBA explaining that:

"Your first valid application for further leave to remain was made on 19 October 2012, however your leave to remain expired on 6th September 2012. You therefore did not have leave to remain at the time of your application."

Also there is no right of appeal.

The issue here is that I was advised by UKBA that I have 28 days to resend my application even though my visa has expired. Therefore, I followed the advice and resubmitted the application again. If I was told that I cannot reapply and that I need to leave the UK and apply again overseas, I would have been more than happy to do so. Therefore, it is not fair that I was advised to do something and now I am suffering the consequences of this advice.

What are my options now?
I understand that if I leave the country now and re-apply, any further applications are likely to be refused because of what happened.

What are my prospects of success for challenging this?

Hi?this is same of me i applied before my visa expired but theres the problem of the payment and said i can reapplied again and i do made the second application which is my visa already expired.but i done my biometric.

[shendean]

Thanks Obie. Can you please explain what you mean by "if you indeed provide the correct details"?

If you mean that I provided the correct payment details, then yes, I am sure the payment details were correct on the application. However, I am not sure if the failure of the payment was due to an issue from my sponsor's bank (e.g. insufficient funds) or because an error made by UKBA.

I have also read the links you provide below, but I am not sure what this means in my case. Can you please help me understand how this impacts my case?

DID U ATTACHED THE LETTER WHEN U REAPPLIED AGAIN? THE LETTER OF UR FIRST APPLICATION MADE STATING ABOUT THE PAYMENT PROBLEM?

I DID ATTCHED MINE SO THEY CAN THINK THAT I APPLIED BEFORE MY VISA EPIRED. AND WANNA ASK IF HAVE U DONE UR BIOMETRIC TOO?

[Obie]

The point is you should have a right of appeal, and the burden is on the UKBA to show that the application was invalid.

[wiggsy]

ask for appeal even though it says no right of appeal...

the court will most likely allow the appeal based on an Error in law on the side of ukba.

[diggingdeep]

You can also ask for reconsideration. Stating all the relevant facts of your case. Do it as soon as you can. If you are not sure what to do talk to a solicitor.

[Saske2013]

By the time I submitted the application, there was more than enough funds in my sponsors bank account. However, 3 days after they received the application the balance on my sponsors account fell below the amount required by the UKBA. The bank has confirmed that the transaction was rejected due to insufficient funds.

The question is, do I still have a strong case? considering the payment failure was my sponsor's fault?

The issue here is not the failure of the payment, however, it is because my sponsor had called the UKBA after the application was returned due to unsuccessful payment and he clearly told them that the Visa has already expired and asked wether she can return the form or does she have to reapply overseas. Their advice was to re-submit the form from the UK as she has 28 days to resubmit her application (and rectifying the payment issue). Therefore, I am in this mess because of their advice, otherwise I would have been happy to travel and reapply from overseas.

Given that the payment failure was due to insufficient funds, do we still have a strong case, or are we likely to lose this case?