PSW visa invalid/old application, new application questions

[rebekahw]

I was just sent a letter saying that my application was invalid because I used the old form. My visa has now expired. It seems like others have just resubmitted the new form but what do I answer to questions:

D11 (p19) What is the applicant's current immigration status?

D14 (p20) When does the applicant's current leave expire? It is my understanding from this website: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary that I have extended leave past the date on my visa (15/01/2011) but I am not sure until what technical date would be.

D15 (p20) Has the applicant stayed beyond his or her leave? Would this be no for the same reason as above?

D27 (p21) Was this application submitted before the applicant's leave expired?

D28 (p21) Has the date of the applicant's leave, as stated in his/her passport now passed? It says that if the answer is yes I can't submit the application but it seems others have and in the letter I was sent it told me I could submit a new application.

My next and possibly biggest problem was that when they took the 550 from my account, I fell below the 800 pound maintenance funds for 10 days before my next paycheck. That was on January 17th. So, if I were to get bank statements from 90 days back past that point and reapply before February 17th would my application still be okay? I have a full time job at a University and can send in a copy of my contract along with pay stubs to show that I have no financial difficulties if this seems prudent as well.

Sorry for the long post but I am really freaked out about all of this right now.

[arsenal49]

I was just sent a letter saying that my application was invalid because I used the old form. My visa has now expired. It seems like others have just resubmitted the new form but what do I answer to questions:

D11 (p19) What is the applicant's current immigration status?
overstayer

D14 (p20) When does the applicant's current leave expire? It is my understanding from this website: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary that I have extended leave past the date on my visa (15/01/2011) but I am not sure until what technical date would be.

type the date your visa actually expired and then ask caseworker to look into your Covering letter where you would explain that your leave was extended from this date to xyz date by virtue of section 3c. note xyz is the date you received this new letter from ukba

D15 (p20) Has the applicant stayed beyond his or her leave? Would this be no for the same reason as above?

technically, you have overstayed from the date you received this ukba letter, so say "yes" and direct the caseworker to covering letter

D27 (p21) Was this application submitted before the applicant's leave expired?

"no"

D28 (p21) Has the date of the applicant's leave, as stated in his/her passport now passed? It says that if the answer is yes I can't submit the application but it seems others have and in the letter I was sent it told me I could submit a new application.

dont worry about that, D28 is "yes" but refer them to covering letter where you would argue that you have been asked by caseworker to submit new app ASAP

My next and possibly biggest problem was that when they took the 550 from my account, I fell below the 800 pound maintenance funds for 10 days before my next paycheck. That was on January 17th. So, if I were to get bank statements from 90 days back past that point and reapply before February 17th would my application still be okay? I have a full time job at a University and can send in a copy of my contract along with pay stubs to show that I have no financial difficulties if this seems prudent as well.

you dont need/require to.(can anyone back me up on this comment??)

Sorry for the long post but I am really freaked out about all of this right now.

basically, you have been given second chance, just submit the app on new form, the fees, the docs...etc, you mustn't add new things... did they return all the documents as well?

im 99.9% sure, that you will be granted visa... the only thing is you will not be given right to appeal incase they reject your app for whatever reason.

[rebekahw]

Thank you for your quick answer. They sent back everything that I had sent in. If I submit bank statements that fulfil the 90 day maintenance requirement from the 16th of January back and submit before the 16th of February, should this be considered okay? Will I not be able to appeal under any terms? Why is that? Thanks again.

[Greenie]

A couple of arsenal's answers are incorrect unfortunately.

D11 - You are an overstayer

D14- your leave expired on 15th Jan. YOu don't benefit from 3C leave because you did not make a valid application (see paragraph 1 of the IDI on 3C Leave (you pasted the link in your first post)

D15 - Yes - and explain why on the form i.e. I overstayed because I submitted an invalid application on X date.

D27 - Not sure why you are answering this question as you only need to answer it if you already have a pending application with UKBA

(See question D25. Does the applicant currently have any other applications with us on which he/she is awaiting a decision?
Yes
- go to question D26
No
- go to question D29)

D28 - The same as with D27 - you don't need to answer the question if you answer no to question D25 - just go straight to D29.

With regards to maintenance

You can and do need to add new things. i.e. you need to send more recent bank statements as you have suggested

However are you sure you can get the statements for the specific dates that you want? It can be difficult to get the bank to provide you with statements covering such specific dates.

If you are able to get statements that end on 16th Jan then yes you must post your application by 15th Feb to rely on these statements. You also need to have the £800 on the day of the application. I would usually advise that you don't use any of the £800 to pay for your fees in order to avoid this problem.

UKBA should refund you the original fee - have they done this? If they haven't done so yet do you have the money for the fees in addition to the £800

There's no point sending your wage slips as they are not interested n this.

Did you provide your degree certificate at the time of your first application - if you didn't and you have now had your graduation you should also provide this.

You will not get a right of appeal if your application is refused because you are making the application after the expiry of your leave.

Bear in mind that you have now overstayed (albeit unintentionally) for more than 28 days. If your application is refused and you have to return home you will be banned frm making further applications for year (Under Immigration Rules para 320 (7B)

[rebekahw]

In the help section it says that by virtue of Section 3C of the 1971 Immigration act I will not be considered to have remained beyond my period of leave for D16. Should I still explain my circumstance in the write in box?

[rebekahw]

Also, I can easily cover the fee now. It was just a period of ten days, before I got my next pay check that I was slightly under.

[Greenie]

Your leave has not been extended by virtue of Section 3C of the Immigration Act 1971 because your did not make a valid application before the expiry of your student leave.

See paragraph 1 of the IDI which says that

To benefit [from 3C], a person must have existing leave to enter or remain at the time when
their valid application is made

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

So yes you need to explain the circumstances in the box

[chaitanyamahaprabhu1]

@ rebeka: can u pls give ur details such as: date of application, date of expiry of visa, date when visa fees deducted, date when u received ur biometric invitation and date when u submitted your biometric at postoffice along with the date when you received your documents back from home office.

[arsenal49]

i have skimmed over other replies and genrally agree with them...

bottom line is...

you are termed an "overstayer" but you are "special" overstayer in a sense that you have been asked to submit new application even though you dont currently have legal stay in this country. Legally caseworker will "exercise his/her discretion" when your application will be received.

I think you can use the same bank statements because it hasnt been more than 30 days(or has it, please check it yourself and report back)

So, in essence, submit new app ASAP. with docs etc.

Can someone confirm if he would need to pay more fees or is it not necessary?

regards

PS. im at work so i repeat, i have skimmed over the details a bit here....

[arsenal49]

...if you are in any doubt about the statements....

post your new app tomorrow with the same statements....

after posting the app, you will still have chance to send new statements(should you deem necessary) via change of circumstances form...

regards

ps. use royal mail, cuz the date of postage is the date that matters

[rebekahw]

Dear all,

Thank you for your help. I just made my application today. I went to my bank (Bank of Santander) and they were kind enough to print me statements for the days up until and including the 15th. I made the changes to my application as you told me and added a cover letter explaining my situation and with an additional section as to why I am an asset to the british community (ie. how my job affects british academic standing and my contribution as a tax payer) with the addition of a copy of my employment contract. I know people said this isn't necessary but I don't see how it can hurt either and I want to feel that I made every possible effort to make my case. I posted my application through the Royal Mail, next day mail.

@chaitanyamahaprabhu1: I applied the January 13th, 2011. My visa expired the January 15th, 2011. Fees were deducted January 17th, 2011. I never got the biometric stuff because my application was deemed invalid. The letter telling me about my invalid visa, along with my supporting documents, was received February 11th, 2011.

My next question is: what is now my legal stance in the UK? As an "overstayer" what rights do I have?

Thanks again for your help.

[geriatrix]

My next question is: what is now my legal stance in the UK?

You are now an overstayer with no legal permission to remain in UK.

As an "overstayer" what rights do I have?

None!

You are an overstayer with no right to work, if that's what you meant to ask!


regards

[Greenie]

Is your employment contact temporary or permanent?

[arsenal49]

to further strengthen your case....

try to get your local MP involved. Get a letter from him in which he supports your app. It isn't too hard really as all it takes is a genuine case!

As soon as you get this letter, submit it via Change of Circumstances form.

Only the MP of your constituent is able to write a letter so make sure you find out the contact details of your local MP. simple googling will be enough to find out the details of your MP.

regards

[Greenie]

to further strengthen your case....

try to get your local MP involved. Get a letter from him in which he supports your app. It isn't too hard really as all it takes is a genuine case!

As soon as you get this letter, submit it via Change of Circumstances form.

Only the MP of your constituent is able to write a letter so make sure you find out the contact details of your local MP. simple googling will be enough to find out the details of your MP.

regards

IMO This is not a case where the MP getting involved will make any difference, his or her support will have no relevence. The OP either meets the rules or not. I think trying to involve an MP at this stage is just unnecessarily complicating matters.

rebekahw it is important however that you stop working until you are granted your visa because you no longer have permission to work.

[rebekahw]

I just got my biometrics letter. Is this a good sign? I never got one last time.

[Greenie]

It means your application is valid. Once you give your biometrics they will consider your application.

[rebekahw]

does it also mean they approved my bank statements?

[Greenie]

no. It just means you used the right form, provided acceptable photos, signed the form, paid the fee, and completed the mandatory sections.

It means nothing in terms of the merits of your application.

[anjan]

Hello rebekahw,

My case also similar to u,what happened did you get the visa.please inform me

[rebekahw]

Oh yes I've been meaning to tell everyone that I finally got my visa last week! Thank you so much to everyone for all your advice. I saw something on the news about possible preference being given to scientists. Could this also have played a role in getting it?

[Harison]

rebekahw.. you were very lucky.