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Application refused due to no payment form can I reapply?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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rashi_gr81
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Application refused due to no payment form can I reapply?

Post by rashi_gr81 » Wed Apr 10, 2013 7:12 pm

Hi I am in a fix-- i applied for a tier 1 general extension but my application was returned today saying i hadnt completed the payment form. I clearly remmeber doing it! However, my visa has expired on the 23rd March, Can I still apply? Will they consider it? ANyone else have a similar problem?
please reply!
Thanks in advance.

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ram80
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United Kingdom

Post by ram80 » Wed Apr 10, 2013 11:48 pm

Did you not have a photocopy/scan of the completed application form before you sent it? Did they return the complete application that you sent, and is the payment form that they have returned blank?

As long as you apply within 28 days of the expiry of your existing visa, you might not have a problem.

However since your visa has expired, I think it may not be legal for you to continue to do paid work until your visa is successfully extended. Explain the matter to your employer and take a sabbatical (unpaid leave) if necessary until you get your approved visa extension, although it might be better for you to take legal opinion on your options.

Gurus, please advise.
This post does not contain legal advice.

vinny
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Post by vinny » Thu Apr 11, 2013 12:50 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rashi_gr81
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Joined: Wed Apr 10, 2013 7:07 pm

this is from the guidance notes

Post by rashi_gr81 » Thu Apr 11, 2013 8:08 am

44. Changes to applications from
overstayers: Applications for further leave
to remain under the Points Based System
decided on or after 1 October 2012 will fall
for refusal if you have overstayed for more
than 28 days, unless there were exceptional
circumstances which prevented you from
applying within the 28 day period.The 28 day
period of overstaying is calculated from the
latest of:
• the end of the last period of leave to enter or
remain granted,
• the end of any extension of leave under
sections 3C or 3D of the Immigration Act
1971, or
• the point a written notice of invalidity
is deemed to have been received, in
accordance with paragraph 34C or 34CA of
the Immigration Rules, in relation to an intime
application for further leave to remain.

rashi_gr81
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Post by rashi_gr81 » Thu Apr 11, 2013 8:10 am

the above is from the guidance notes. i recieved the letter yesterday so i still have 28 days from yesterday isnt it? before i would be deemed as overstaying?

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ram80
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United Kingdom

Post by ram80 » Thu Apr 11, 2013 12:21 pm

It is better to be conservative about the dates and calculate your 28 days from your last visa expiry.
This post does not contain legal advice.

tom.draper
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Post by tom.draper » Thu Apr 11, 2013 1:23 pm

when did you post your documents?

rashi_gr81
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Post by rashi_gr81 » Thu Apr 11, 2013 3:57 pm

I posted the application on the 12/3/13. recieved an acknowledgement dated 15/3/13.
The letter tht was sent back saying my app was invalid due to payment problems is dated 4th but i recieved it on the 10th April.

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