ILR Visa Fees Increased During Application

[swift0ne]

Hi There,

I sent my application for indefinite leave to remain in on the 04/06/09 and had the most recent form available to me from the ILR website, the folling day £750 was taken from my bank account and about 2 days later I recieved a confirmation letter stating that the application had been recieved and that if there were any problems a caseworker would contact me. My spouse visa was valid untill the 11/06/09 and my wifes passport was valid untill the end of June, it took them a month to retun the application which I recieved today 04/07/09 with a letter stating that I had not payed the correct fees and that I need to resubmit my application.

My problems are the following:

1. Both my visa and my wifes passport have expired which is worrying as I don't know if it will affect the application, although I have a feeling it will. Also you are only allowed to send the application 28 days before your visa expires which means that even if it was sent earlier my visa would still have expired.

2. The fees were increased to £820 on 04/06/09 the day I sent my application and the form with the correct fees was not available at the time the application was sent. The money was taken from my bank account regardless of this and I am still waiting for the £750 to be put back in (as stated on the letter I recieved today) and I won't be able to send a new application untill it has as I do not have an extra £820 available to me right now.

As far as I am concerned this entire stuation has arisen because of the ammount of time it has taken UKBA to get back to me and I am worried my application will now fall through for the reasons stated above. I have followed the instructions layed out by UKBA to the letter and it appears that I am now suffering because of it.

Any advice on this matter would be greatly appreciated.

[jtwungg]

If I was you then use the services of a lawywer if you used the post. I did submit an application for ILR thinking that my case was straight forward 2 and half years ago and forgot to attach the payment form, got the same reply and re-submitted my application with the fee within two days, this has gone to years with them saying that I did not submit the correct fee, got a letter saying that I should leave the country lest I get deported after the first appeal that I submitted on my own, was told I did not have the right of appeal, went to a lawyer applied to the AIT, at the AIT the judge got buffled with the letters I was sent by BIA, in the judgement he invalidated all the home office letters to me because the case was strraight forward and the home office should have acted accordingly. Since your case is being dealt with then your stay in the UK remains legal. use a lawyer because with the home office they are unpredictable its like "the brains that does not know what the hands or legs are doing" still waiting for their response its really frustrating- its exactly what they say they do as written in the News of The world three weeks ago.

Hi There,

I sent my application for indefinite leave to remain in on the 04/06/09 and had the most recent form available to me from the ILR website, the folling day £750 was taken from my bank account and about 2 days later I recieved a confirmation letter stating that the application had been recieved and that if there were any problems a caseworker would contact me. My spouse visa was valid untill the 11/06/09 and my wifes passport was valid untill the end of June, it took them a month to retun the application which I recieved today 04/07/09 with a letter stating that I had not payed the correct fees and that I need to resubmit my application.

My problems are the following:

1. Both my visa and my wifes passport have expired which is worrying as I don't know if it will affect the application, although I have a feeling it will. Also you are only allowed to send the application 28 days before your visa expires which means that even if it was sent earlier my visa would still have expired.

2. The fees were increased to £820 on 04/06/09 the day I sent my application and the form with the correct fees was not available at the time the application was sent. The money was taken from my bank account regardless of this and I am still waiting for the £750 to be put back in (as stated on the letter I recieved today) and I won't be able to send a new application untill it has as I do not have an extra £820 available to me right now.

As far as I am concerned this entire stuation has arisen because of the ammount of time it has taken UKBA to get back to me and I am worried my application will now fall through for the reasons stated above. I have followed the instructions layed out by UKBA to the letter and it appears that I am now suffering because of it.

Any advice on this matter would be greatly appreciated.

[swift0ne]

If I was you then use the services of a lawywer if you used the post. I did submit an application for ILR thinking that my case was straight forward 2 and half years ago and forgot to attach the payment form, got the same reply and re-submitted my application with the fee within two days, this has gone to years with them saying that I did not submit the correct fee, got a letter saying that I should leave the country lest I get deported after the first appeal that I submitted on my own, was told I did not have the right of appeal, went to a lawyer applied to the AIT, at the AIT the judge got buffled with the letters I was sent by BIA, in the judgement he invalidated all the home office letters to me because the case was strraight forward and the home office should have acted accordingly. Since your case is being dealt with then your stay in the UK remains legal. use a lawyer because with the home office they are unpredictable its like "the brains that does not know what the hands or legs are doing" still waiting for their response its really frustrating- its exactly what they say they do as written in the News of The world three weeks ago.

Have you been in the UK for the duration of this or did you return to your home country? Also are you married to a uk citizen or was it an application after completing a work or ancestry visa? Sorry I don't mean to sound like the inquisition, I just need to try and compare your case to mine. As far as legal help is concerned I can't exactly afford it as this visa is already costing me a fair ammount of money as I'm sure you do know. I was also told by someone at UKBA that if my application is refused now that my visa is out of date that I won't have the right to appeal while I remain in the UK.

[jtwungg]

Mine was a set-o application 10 yrs continuos stay, the home office will find it easy to dismiss your case if you do not use a lawyer -- if you do not use a lawyer your case would be complicated even more, their aim is to get a small irregularity on your side and dismiss your appeals especially if a lawyer is not involved.

If I was you then use the services of a lawywer if you used the post. I did submit an application for ILR thinking that my case was straight forward 2 and half years ago and forgot to attach the payment form, got the same reply and re-submitted my application with the fee within two days, this has gone to years with them saying that I did not submit the correct fee, got a letter saying that I should leave the country lest I get deported after the first appeal that I submitted on my own, was told I did not have the right of appeal, went to a lawyer applied to the AIT, at the AIT the judge got buffled with the letters I was sent by BIA, in the judgement he invalidated all the home office letters to me because the case was strraight forward and the home office should have acted accordingly. Since your case is being dealt with then your stay in the UK remains legal. use a lawyer because with the home office they are unpredictable its like "the brains that does not know what the hands or legs are doing" still waiting for their response its really frustrating- its exactly what they say they do as written in the News of The world three weeks ago.

Have you been in the UK for the duration of this or did you return to your home country? Also are you married to a uk citizen or was it an application after completing a work or ancestry visa? Sorry I don't mean to sound like the inquisition, I just need to try and compare your case to mine. As far as legal help is concerned I can't exactly afford it as this visa is already costing me a fair ammount of money as I'm sure you do know. I was also told by someone at UKBA that if my application is refused now that my visa is out of date that I won't have the right to appeal while I remain in the UK.