IRL application with a gap due to payment issues

[mazmaz]

Hi,

I have an appointment to apply for IRL at Croydon PEO on 21-Aug. My case is not straightforward; there is a 13 days gap in my continuous stay because once my bank declined my payment to Home Office. I would appreciate your comments on my case and the documents that I have prepared to support my application. My immigration history is as follows.

I was awarded a three-year work permit in summer 2007 and I entered the UK on 05-sept-2007. In Aug-2010, I got a Tier 2 visa. The expiry date of my new visa was 23-Jan-2011.

On 17-Jan-2011, I submitted my application for Tier 1 via post. To pay the fee, I provided the details of my debit card. I received an acknowledgement letter from UKBA on 18-Jan-2011. Unfortunately, my documents were returned by the UKBA as invalid with a covering letter dated 31-Jan-2011. The bank had declined the payment. I received the post on 04-Feb-2011. I immediately contacted my bank. They explained that the payment was declined due to Fraud Prevention checks. I asked them not to stop my future payments to the Home Office. I submitted my new application on 05-Feb-2011 via post, which was approved on 23-March-2011.

The bank produced a letter which confirms 1) the payment rejection was due to Fraud Prevention checks, 2) I was unaware that this type of audit checks takes place and 3) I had sufficient funds to cover the payment.

The documents that I am submitting with my application are:

1) A cover letter explaining the situation (demonstrates that the situation arose by circumstances outside my control and I acted quickly to rectify it)
2) Letter from the bank, my bank statement for January 2011, post office receipts and all UKBA letters.
3) Employer letter, confirming my 5 years continuous service for them. It also confirms that my contract is open-ended, they still need my service, I have had 160 days of business travels (84 days maximum in one stretch) and I have had 130 days paid annual leave absences. It also includes the necessity for business travels and my role in the host organisation and tables detailing my absences.
4) Two photographs
5) Passports
6) 12 months payslips
7) 12 months bank statements
8 ) Life in the UK test certificate
9) Old work permit
10) Cohabitation documents (council tax bills, GP letter, tenancy agreements, deposit registration certificates)

Thanks for your time,

[gbaba]

Hi Mazmaz,
I had a similar case with 26 days gap due to payment decline (twice) and dependant's passport photograph more than a month. Yet, to God be the glory I had my ILR approved last week at Solihull.
Although, I have no absence in the last five years. I'm still with the same employer.
I did not use any lawyer. Though, I prepared a covering note, I did not submit it. My gap was spotted by the CW but her boss said it was okay to proceed.
I will encourage you give it a try.
All the best. Let me know if you require any more information.

[mazmaz]

Hi gbaba,

I have just seen your reply to my post. Many thanks for that! I will post my experience here, but still any tips will help me.

Thanks!

[bigchemist]

I need to say that my application with similar guidelines as what has been mentioned here was not accepted in person today .

HSMP 24/8/07 - 24/8/09

Tier 1 General applied for 20/8/09 - bounced back as invalid (due to missing Police Reg Form)

Invalid letter: 14th Sep 2009

Re-applied after consulting with solicitor which assured me that re-applying on a PBS application within 28 days is ok.. The application and payment on 8th Oct 2009 and T1G was given until 31/10.2012

So applying today I am within the 28days from completing the 5 year time requierment. but still, the officer said that because my application was invalid, my 'un-lawful' stay is actually from 24th Aug until 30th Oct and they cannot excersie descrstion to allow a personal application take place..

I have a meeting with a consultant in Birmingham tomorrow to see what needs to be done .. but I am happy to let you know what comes out if you want

[rneeta]

Hi Mazaz, bigchemist, Gababa

I am also in similar situation but our invalidity was due to change in form in 2010 Jan during extension of Tier 1. I am also thinking to go to PEO for ILR. If you can share your experience, it will be very helpful to many others including myself

Gababa, were you also in Tier 1? was your 5year continuous period counted from the date of visa issued or date of entry. we came after 2 months of date of entry clearance, as per modernizing panel guidance documents i am guessing we would be able to apply 28days before the5 th anniversary of entry clearance date.

Thanks
rneeta

[bigchemist]

To be honest, there is nothing much to share... Which was very disspointing after having done a 4hr journey from the middlands to Liverpool..

Basically i was called to the window 15min after arrival and the CW started to look at the screen, and she started to mutter something to what seemed to be her superior...

They started telling me that there is an issue with my continued residency in 2009 as i seem to have a period of unlawful stay.. They said that they will check with ither PEO offices on the phone to figure out what to do. ? A few minutes later, the super told me that they are in no position to process the application due to the unlawfulmstay during my residency and theyndo not have the deiscretion to pass it...

I tried, a nd a bit kore to get them to cave, but i actually did not have with me the documents to show that things were done in time at the begining.. So i csme home with tsilmin between my legs..

Today, the visit to an immigration office was encouraging.. But they proposed full representation where someone of their office comes with me. Or the other option was a postal application where they also represent me.

With my application being competeand nothing wrong with it, i find it very frustrating to have to bear the concequence of this small issue that one department is ok with, yet aonther one just dosnt want to have anything to do with...

[mazmaz]

Hi Bigchemist,

I hope you get your IRL soon! Your experience should be interesting for users of the forum.

I am taking all possible documents with me to show that I initially applied in time (post office receipts and UKBA acknowledgement letter) and to show that the bank declined my payment (a letter from the bank). As I mentioned, I submitted my new application on the day just after the day that I received my documents due to invalid application. Hence, I hope I can prove that the situation arose through circumstances outside my control and I acted as quickly as possible.

[bigchemist]

Hi Mamaz

Best of luck,

My visit to the immigration specialists in Birmingham yesterday taught me that applciations like ours are indeed 'almost' straight forward and its really down to luck as to the person picking your case up is willing to understand.. if they bounce you, then a second try might yield something in your favor.. otherwise, it will have to be a postal applciation

You maybe have a better chance considering that you are taking all the docs with you to show them that you are an in-time applicant

If your application is based on a PBS basis, Remember that there was a parlimentary debate with regards to re-applying and how you should be treated... here is the passage I used in 2009:


Unfortunately, my period of residency expired whilst the original application was being processed by your team; however, after seeking legal advice regarding this I understand that the Home Office should exercise their discretion and give due consideration to the comments and provisions laid out in the Parliamentary Debate of the 17th March 2008 as Column 97 Lord Hansard sets out:......

“….My noble friend asked whether we could confirm that people who apply within 28 days of their leave expiring will be dealt with as normal under the points-based system. The answer to that is simple: yes. That was an undertaking we gave when Section 19 of the UK Borders Act 2007 was before the House; in fact I made it, and plainly so. These rules deliver on that. They do not require a points-based applicant to have existing leave”

[mazmaz]

Hi all,

My IRL was approved yesterday without any problems. I even did not need to show the cover letter or the letter from the bank. You can find the whole story here:

http://www.immigrationboards.com/viewtopic.php?t=111328

I wish you luck in your applications!

[rneeta]

Hi Mazmaz,

Which PEO did you go to as I am also similar situation of invalid application and reapplied which became out of time?

Thanks
Neeta

[geriatrix]

PEO Croydon