Application returned by the HO

[gogalpk]

I posted my appication for Tier 2 (General) on 31st March 2010. HO tried to take payment from my bank account on 6th but Bank did not authorise due to security issues. I was checking my account daily to see if the payment has gone through. On 12th April i called the bank and asked if HO tried to take payment, they said yes on 6th but not authorised due to security reasons. Ahhh! i tried to call home office but could not get hold of any person in charging, but managed to get e-mail and fax.

Same day i faxed a letter to the HO explaing the issue with the bank, but on 15th i received my application back from HO stating non payment of the visa fee.

My visa has expired on 11th April 2010.

Can i resubmit my application?
I might not meet criteria after 6th April 2010, can i still send my original application back with new payment form?
Will i be counted as overstayed?

[arsenal49]

as far as HO is concerned, they have made a decision on your app which was submitted in time...

now, depending on caseworker, he may or may not have asked you to resubmit application straight away but obviously this option was not given to you , otherwise you would have mentioned it.

Theoretically, yes you have overstayed since the day your app was rejected but it will not count against you as people are normally given 28 days to leave the country after decision is made.

One thing you can further explore is.. if you can somehow, get hold of caseworker who rejected your app and convince him to give you second chance. This is tricky but one possiblity.. otherwise i am afraid you are out of luck.

unless... you want to try your luck and submit another application straight away and hope that caseworker wont reject it "just because you have overstayed". it is much better to apply from back home but since you have mentioned that you will not qualify under new rules...i think it will be very difficult to get a visa but that should not dis hearten you as every case is unique and who knows your file might be seen by kind-hearted caseworker.

all the best

regards

[gogalpk]

Many Thanks for your reply.

I donot think that app;ication was forwarded to any case worker. It just case back from the Charging section as the payment was not successful.

They mentioned that i can send back the application but not on old forms. But under new rules i donot qualify. Can i resend old forms with a covering letter stating my original application was on time and before 6th April 2010 and request them to re consider according to the old rules.

[arsenal49]

well, you are in a pickle here my friend.

first of all, charging department do not have the authority to reject your application. what they did was , they told caseworker that payment couldnt be taken from this applicant so caseworker rejected your application.

I am afraid i dont have any good news for you because clearly they want you to make an application on new form because as far as HO is concerned, your old application was processed (and rejected) but caseworker understood that it wasnt really your fault (although blame must lie on you) and have given you an option to make a new application; though it must be on a new form .


Just out of curiosity, how would you not be able to satisfy new rules but CAN satisfy old rules? Are you sure you have double checked new rules?

regards