2nd application after leave expired, 1st marked Invalid

[sunny0183]

Hi chaps, Just need some advice on my situation.

I applied for Tier 2 (General) on 24/10/09 switching from PSW. My PSW Expired on 29/10/2009. On 27/10/09 i Received a letter saying my application has been received and on the way to a Case worker. But on 05/11/09 my application was returned back as Invalid because of my Credit Card(MBNA MasterCard) payment Failed. According to my bank the payment failed due to wrong Security Info entered. And my Best guess would be the Name Part. I did not include my title MR before my full name as it appears on my card. totally my mistake.

The letter that came with my invalid application on 05/11/09, it asked me to submit a Fresh Application with uptodate supporting documents again. So i posted a new one on the same day 05/11/09 and now i can see a payment taken out of my bank account on 06/11/09. I am still waiting for the receive confirmation letter to arrive.

On my Second application i Ticked YES on D16 and D17 question and explained all the above. According to the Section 5 3C and 3D if a VALID application is lodged before leave expires then the the applicant is not considered overstayer until a decision has been made.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

But in my case the first application is NOT VALID due to payment issue. So i do not fall into that section 5. Which means if i work now that would be illegal.

Now has any one experienced such problem. Can any of the expert tell me if I am allowed to work while my second application (after visa expired even though my first app was before visa expired) is in process?

thanks for your time.

[sudhirbph]

did u get the visa yet???
i applied at the same time u applied
stil no news

[sunny0183]

Yes, I receied my visa Yesterday by post.

[aaeran]

Hi Sunny,

I am in a similar situation like yours right now. Used the wrong version of tier 1 (general) application form.

I would like to know the overstay dates you mentioned in D17. Was it from the date your visa expired till the date you posted the application?

Regards,

A.

[ash786]

Hi chaps, Just need some advice on my situation.

I applied for Tier 2 (General) on 24/10/09 switching from PSW. My PSW Expired on 29/10/2009. On 27/10/09 i Received a letter saying my application has been received and on the way to a Case worker. But on 05/11/09 my application was returned back as Invalid because of my Credit Card(MBNA MasterCard) payment Failed. According to my bank the payment failed due to wrong Security Info entered. And my Best guess would be the Name Part. I did not include my title MR before my full name as it appears on my card. totally my mistake.

The letter that came with my invalid application on 05/11/09, it asked me to submit a Fresh Application with uptodate supporting documents again. So i posted a new one on the same day 05/11/09 and now i can see a payment taken out of my bank account on 06/11/09. I am still waiting for the receive confirmation letter to arrive.

On my Second application i Ticked YES on D16 and D17 question and explained all the above. According to the Section 5 3C and 3D if a VALID application is lodged before leave expires then the the applicant is not considered overstayer until a decision has been made.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

But in my case the first application is NOT VALID due to payment issue. So i do not fall into that section 5. Which means if i work now that would be illegal.

Now has any one experienced such problem. Can any of the expert tell me if I am allowed to work while my second application (after visa expired even though my first app was before visa expired) is in process?

thanks for your time.

1. Wat u said above is correct as u application was not a valid application so Section 3C does not apply to you.
2. U shud not work now and shud wait for a decision.
3. U have applied again as suggested so just wait for the decision.

[aaeran]

Thanks for your reply.

Regards.