Application Returned as Invalid

[ZA79]

Hi All,

My Tier 1 extension application was returned as invalid this past Saturday (20 April 2013), due to incorrect fee payment. I submitted my application on 09 April 2013 and mistakenly used the previous fee amount and now my visa has expired (15 April 2013)

So I have a few questions...

1) I guess my status is now an overstayer (?)
2) what does this mean for my job- I'm currently in full time employment.
3) What happens now- do I just submit a new application with updated fee ? I've had horror stories of people having to leave the country and apply again (which is impractical as they no longer have Tier 1 open to new entrants).
4) Anyone had this before and what was the outcome.

Thanks for your assistance.

[deepktm]

@ZA79

I think one of your options in this situation is to find a solicitor who can book an PEO (premium) appointment ASAP (within 28 days of expiry, this is normally a grace period which doesn't book you as an overstayer). They will charge few hundred just for booking, depends on solicitor. I had tried to book it myself from UKBA website but had no luck.

Maybe more experienced members can comment on it.

[ahj]

Has anyone else received application back as invalid due to wrong fees???

@kyborg99
what are you doing now, are you going to contact UKBA or send fresh application?

[danial786]

I did mention this before in this forum that smiler think have happen in April 2011 (See my post below)

http://www.immigrationboards.com/viewto ... highlight=

but I was told by some one that my immigration advisor is wrong, Well I don't find her wrong now instead I find her more competitive now then ever.


I can only say & wish you guys have seen this post before...

[shahmir]

I just read above linked post. Your conclusion does not make any sense to me. The immigration consultant should not go with last year's wrong implementations . Actually they should follow the rules and should be confident to fight for you against any wrong implementation.

In above linked post, bubin123 has very clearly summarised regarding date of application rule.

Thanks God I didn't see your linked post earlier otherwise it could have confused me. I applied for my extension on 5th April 2013 at a PEO and got decision by noon. Then within next hour, I posted three dependants' applications with old fee. UKBA received them on 8th April and later successfully processed payment. Remember fee of Tier1 dependants applying separately (not together with main migrant) by post has increased from £561 to £1545 (increment of £984 for each applicant) which means I saved nearly three grand by posting three applications on 5th rather than later.

Probably your immigration advisor is not confident about all this and she might have thought that additional £45 is not a big deal. But I would say rule is rule and at least the immigration advisers should not set wrong examples.

However some people have been affected due to some ignorant caseworkers and these kind of situations must be dealt by proper communication. UKBA is not above law.

For more details, you can follow links provided by poojabhatt and vinny on page 1 of this post.

[danial786]

We all know how insufficient and irregular home office are in dealing with applicant cases. Your case can be 100% complete and within rules but there is always a change of a mess up, which in this occasion happen to few people, as it happen to people in April 2011.

My immigration advisor is not wrong as this has happen to her clients before. She advise me correctly of applying early rather than waiting till last date before the visa fee increase. It is nothing to do with her confidence, It is more to do what is safest for her clients keeping in mind their day to day dealing and past experiences they have with UKBA.

It's always better to be caution then play a Russian roulette.

[ahj]

Anyone who has experienced this before please share your experience.

I am asking this as still undecided to whether send a fresh application with new fees or send the previous application with old fees(which was returned as invalid) along with a covering letter fully explaning to ukba the whole situation.

Folks, any suggestions are highly appreciated.

[bubin123]

I had a similar issue 2 years back. UKBA sent the application back as invalid due to old photographs.
I sent the same application with another set of fees and added a covering letter with mention of pankina judgement (advised by a immigration lawyer).
UKBA issued the visa with no fuss....

[shahmir]

with another set of fees.

So basically your date of application remained the same but you sent new fee???? This should not be a solution here where application is valid in all aspects for example photos, date of posting, correct fee, correct mode of payment, signatures, all original supporting documents, answers to all mandatory questions on form, any certified translation etc.

[bubin123]

fortunately the fee was same.
I had added the fee in the form of postal order because UKBA clearly said on their letter about refunding the previous fee.

[bubin123]

on a side note, I sent my child's dependant application on 4th April (after 4:30PM) which was delivered on 8th April and UKBA accepted the application and sent the letter for BRP.