Biometrics fourth time fail, Applications invalidated!!

[Ditima98]

Eeish, I am in hot soup- I put in an application (FLR) at the end of March 2015. The first biometrics batch came through around mid April. Mine and my mrs where successful-my daughter's failed. The Post Office branch where we did the scanning wrote us a note and date stamped it to pass it over to HO.

For the second, third and fourth attempt, it was the same. When I did the fourth one in the second week of this month, 4 days after the fail, I got a letter that the applications for all the 3 of us have been invalided and and our details passed on to the Law Enforcement for removal by force if I do not make arrangements to move out on my own by the end of next week. In all the four instances, I made sure I did the biometrics within the 15 days (although I should admit-just at the end of 15 days in all instances) time lapse and also always got a note from the Post Office. They have also give us an opportunity to put in a fresh application before the 28 days elapses from the date of letter invalidity.

I am seeking advise on two questions;

Should I put in a fresh application or challenge the decision by launching a Judicial review. What are the advantages and pit falls of going for either two.

I would be very grateful for any of your input. Can't sleep, I have accrued 9 years 7 months and as u can see, only few months to attain 10 years and now this........

[Zee ali]

Eeish, I am in hot soup- I put in an application (FLR) at the end of March 2015. The first biometrics batch came through around mid April. Mine and my mrs where successful-my daughter's failed. The Post Office branch where we did the scanning wrote us a note and date stamped it to pass it over to HO.

For the second, third and fourth attempt, it was the same. When I did the fourth one in the second week of this month, 4 days after the fail, I got a letter that the applications for all the 3 of us have been invalided and and our details passed on to the Law Enforcement for removal by force if I do not make arrangements to move out on my own by the end of next week. In all the four instances, I made sure I did the biometrics within the 15 days (although I should admit-just at the end of 15 days in all instances) time lapse and also always got a note from the Post Office. They have also give us an opportunity to put in a fresh application before the 28 days elapses from the date of letter invalidity.

I am seeking advise on two questions;

Should I put in a fresh application or challenge the decision by launching a Judicial review. What are the advantages and pit falls of going for either two.

I would be very grateful for any of your input. Can't sleep, I have accrued 9 years 7 months and as u can see, only few months to attain 10 years and now this........

Sorry to hear that. Quite strange 4 biomteric for your dependent and all of them didn't work.

JR for what? They didn't give u any decision but invalid your application. In 28 days time put a new application and than vary it once u eligible for 10 years, Thats the only option i can see

[Ditima98]

Thanks Zee Ali-most appreciated for your valuable feedback.

Indeed I was also shocked that even at the fourth time of asking, it failed-honestly. One surprising thing is that after the second one failed, I sensed danger and thus made numerous pleas via emails and even wrote requests to HO to allow me make an appointment for PEO but they kept sending fresh ones and saying I go and do it each time I phoned them, but they failed still.

I was too , for the idea that I submit fresh applications fast but my Lawyer is not for the idea. He says since I have had one other out of time application in the past (had an in time tier 4 refusal yrs back, appeal given, later withdraw appeal and submitted fresh application), another of an out of time application will cause headache if am luck, time comes for ILR. He says its better we fight for the decision to be over-turned because it was unlawful. He is positive we can succeed since I have got all the evidence-notes from the Post Office and the fact that we did all the scanning attempts within the 15 days time lapse.

Have just had a meeting with him today and we have agreed that if they fail to respond to the letter he has written to them to rescind their decision, we will wait until just before the lapse of 28 years to put in a fresh applications-just as the last resort. My only worry is that, am already under intense pressure from my Uni and my new Landlord to give them something pertaining my immigration status. And should my employer come asking before it is sorted, that will the end of my 20 hours a week job which has been very hardy.

Thanks

[Ditima98]

#Zee Ali

Just as a follow up, the reason given for invalidating the applications is failure to provide Biometrics for a dependent.

Thanks

[Omor4real]

if you and your Mrs were able to do yours at first and 1 dependant can't why invalidate. Did you cancel everything because 1 person scan was not working.

I know of a friend that couldn't do her bio metric at the post office, she tried 3 to 4 times as well but HO gave appointment to go to Croydon. You are probably unlucky.

Hope the review turn out well. What about making fresh application and keeping all the prove you have to support that the fault is from them and not you. Then when you make ILR you can use it to support the reason for the second out of time application.

[Ditima98]

#Omor4real

Indeed, good observation there Omor4real. My Lawyer included that point in the letter to them- he says,in normal circumstances, it should have been my dependent's only to be invalidated not ours.

We have agreed to gather all the evidence in support should they insist sticking to their decision.

Thanks.

[Zee ali]

Thanks Zee Ali-most appreciated for your valuable feedback.

Indeed I was also shocked that even at the fourth time of asking, it failed-honestly. One surprising thing is that after the second one failed, I sensed danger and thus made numerous pleas via emails and even wrote requests to HO to allow me make an appointment for PEO but they kept sending fresh ones and saying I go and do it each time I phoned them, but they failed still.

I was too , for the idea that I submit fresh applications fast but my Lawyer is not for the idea. He says since I have had one other out of time application in the past (had an in time tier 4 refusal yrs back, appeal given, later withdraw appeal and submitted fresh application), another of an out of time application will cause headache if am luck, time comes for ILR. He says its better we fight for the decision to be over-turned because it was unlawful. He is positive we can succeed since I have got all the evidence-notes from the Post Office and the fact that we did all the scanning attempts within the 15 days time lapse.

Have just had a meeting with him today and we have agreed that if they fail to respond to the letter he has written to them to rescind their decision, we will wait until just before the lapse of 28 years to put in a fresh applications-just as the last resort. My only worry is that, am already under intense pressure from my Uni and my new Landlord to give them something pertaining my immigration status. And should my employer come asking before it is sorted, that will the end of my 20 hours a week job which has been very hardy.

Thanks

Previous out of time application is not a problem as long as u got the visa at the end and out of time is not more than 28 days

Putting a request to reconsider i dont think will work. As no refusal decision was made but your application was invalid. U can only

challenge their invalid decision in court once u applied again and got refusal decision.

Moderators can shed more light on this. As my knowledge is limited about this.

[Zee ali]

if you and your Mrs were able to do yours at first and 1 dependant can't why invalidate. Did you cancel everything because 1 person scan was not working.

I know of a friend that couldn't do her bio metric at the post office, she tried 3 to 4 times as well but HO gave appointment to go to Croydon. You are probably unlucky.

Hope the review turn out well. What about making fresh application and keeping all the prove you have to support that the fault is from them and not you. Then when you make ILR you can use it to support the reason for the second out of time application.

Agree with Omor4real. I believe u were the main applicant. but at the moment focus should be on to keep your stay unbroken and continuing because u r very close to complete 10 years.

Apply new application flr fp within 28 days and see how things work.Keep proof of everything.

[Ditima98]

#Zee Ali,

Advise well noted, will do like wise-thanks alot.

To be honest, I would be lying if I said I was not ball delaying to see the days go tantalizing which is to my adv considering my situation, but well I had wanted to take full advantage of the situation, I made sure that I played within their rules, ie, within 15 days lapse, made all the efforts by making follow ups and documenting all the correspondence between I, my Lawyer and the HO and am sure this will come hardy when time comes for ILR.

Thanks to you Zee Ali and all for your time spent to advise.

[Obie]

JR for what? They didn't give u any decision but invalid your application. In 28 days time put a new application and than vary it once u eligible for 10 years, Thats the only option i can see

I don't believe Section 3C(5) will be engaged in the circumstances you mentioned above.

[Zee ali]

JR for what? They didn't give u any decision but invalid your application. In 28 days time put a new application and than vary it once u eligible for 10 years, Thats the only option i can see

I don't believe Section 3C(5) will be engaged in the circumstances you mentioned above.

@Obie I never said that. Op has no other viable option. If have, kindly guide us

[Obie]

Well I apologise if that was not what you were seeking to say.

I understood your post to indicate that OP can make another application in 28 days and vary to ILR .

Well I have 2 difficulty with that preposition .

1. There is no guarantee that this 28 day applocation will be outstanding at the time of the OP eligibility for ILR.

2. Even if it is , I believe the power to vary an application from one thing to another derives from section 3C.

If the op cease to have a section 3C rights , which appears to be the case, there will be no power to vary from one thing to another . Does it make sense to you ?

Sorry I misconstrued what you had said.

[Ditima98]

#Obie

Thanks for the contribution.

So what do you reckon be the best course of action to be taken in this scenario?

[noajthan]

To be honest, I would be lying if I said I was not ball delaying to see the days go tantalizing which is to my adv considering my situation, but well I had wanted to take full advantage of the situation, I made sure that I played within their rules, ie, within 15 days lapse, made all the efforts by making follow ups and documenting all the correspondence between I, my Lawyer and the HO and am sure this will come hardy when time comes for ILR.

Frankly, I can't understand this mindset with legal shenanigans and game playing for advantage; looking for the best angle, talking of appeals, reconsiderations, JR.

Why not keep it simple
- take it seriously, do the enrolments well inside time

After almost 10 years why was everyone suddenly so busy and leaving it all to the last minute

if it's just a PO machine that proves faulty (it that was the problem, it's unclear) then just go to another post office.

That could save a lot of heartache in the long run not to mention all present hassles with house & job and all.
Or am I missing something here.

[Ditima98]

# noajthan

Thanks. It wasn''t a question of PO machine breakdown. Tried all the 4 biometric PO machines in town from second batch set to the fourth one but they where all failing-I mean we would move from one PO to another but encountered same problem. It was just a question of bad barcodes on the documents and one wonders why HO failed to rectify them for so long. Indeed, the idea was to make sure it was done within the 15 days time lapse to avoid HO wrath and I tried my best doing just that -am innocent and just being punished for their (HO) inefficiency.

Anyway I will keep the forum informed on what comes out of the scathing letter my Lawyer wrote to them.

Thanks all.

[Zee ali]

Well I apologise if that was not what you were seeking to say.

I understood your post to indicate that OP can make another application in 28 days and vary to ILR .

Well I have 2 difficulty with that preposition .

1. There is no guarantee that this 28 day applocation will be outstanding at the time of the OP eligibility for ILR.

2. Even if it is , I believe the power to vary an application from one thing to another derives from section 3C.

If the op cease to have a section 3C rights , which appears to be the case, there will be no power to vary from one thing to another . Does it make sense to you ?

Sorry I misconstrued what you had said.

@Obie Thanks for your reply. I totally agree with u what u said u always talk about immigration law and implication of the law. But u also know exceptions happen. And its also depend on caseworker. I read 1 or 2 success stories on this board where people successfully varied out of time applications and got ILR.

Also on spread sheet in 1 case one member successfully got ILR after withdrawing his JR (section 3c exhausted well before).

In current circumstances Op has no other option but to take a chance.

In the story below this member didn't mentioned that his 2nd application is out of time but from his timeline i am assuming it was. As UKBA didn't confirm his right to work.

Name: Guykou
ILR page: 414
Hi guys, I have been a long silent reader of this forum and I would like to share my story with you. 

Facts: 

1- 06/09/2012 : FLR(O) application send via solicitor. 

2- 10/09/2012 : Aknowledgement letter received. 

3- 08/10/2012 : Application return as invalid. Reason:Payment declined. 

4- 09/10/2012 : Resend the application with the same payment details. 

5- 24/10/2012 : Aknowledgement letter received. 

6- 24/10/2012 : Payment now successfully taken from my account. 

7- 10/01/2013 : UKBA informing my employer that they cannot confirm if I have the right to work or not and frightening my employer with a possible £10,000 fine for employing an illegal worker. 

8- 07/02/2013 : Cancelation of my conrtact of employment 

9- 15/02/2013 : Pre action protocol ( PRE judicial review) send to UKBA via solicitor asking the ukba to confirm my right to work or else we will take action to court. 

10- 22/02/2013 : Biometric letter send. 

11- 07/03/2013: Biometric done. 

12- 29/05/2013: Variation of ground of my first application to ILR ( indefinite leave to remain) application send via solicitor and new fees of £1081 pay using NatWest bank draft. this time to avoid any decline or error. 

13- 31/05/2013: Acknowledgement letter received. 

14- 12/07/2013: Contacted my MP, She sent a letter to the HO regarding my case. 

15- 28/08/2013 Received my BRP ILR,dated 23/08/2013 and all my documents. 

thank you guys for all your support and wish you goodluck with your applications. 

Just one advise: HAVE FAITH IN GOD AND PRAY 

[ojliaa]

Hi, There
Ditima98
Regarding the query you posted of bad barcode. Just a curtsey message to let you know that it was happened the same in my similar FLR-FP Application on the basis of 7 years old child. Then we sent our query to home office & now we received new biometrics letters for our both children. I will update you if any circumstances changes.
Regards
Ojliaa

[Ditima98]

Just wanted to inform all those friends with a similar situation as mine (failed bios), Home Office have decided to reverse their earlier decision of invalidating my application after having done their investigation-I have just been speaking to my Solicitor. They have sent us fresh bios for my dependent which I will be taking to the Post Office for scanning immediately they get in from my Lawyer, hopefully 2mr. They wrote us a letter sometime back stating that we do not put in a JR just yet until after they are done with the investigations and finally......

As a link up, put in my FLR at the end of March 2015. Had a gap of 11 months to my clocking 10 years, but their was nothing I could have done as all other routes where none starters thus I had hit the dead end with other more viable routes. I have now got 4.5 months to go. As things stand, my only hope is being granted an In Country appeal, if the FLR fails-solicitor says FLR is bound to fail but its a 50/50 on the appeal issue- fingers crossed!

Thanks all for your support.

[jupiter2016]

Hi ditima, thanks for PM. But I couldn't access it. I just need six months to clock to finish 10 years. Still flr o under process. Applied in March . One kid who is born here finishing 7 years end of next month.and we expecting another next month. So many more sleepless nights ahead for us. Could you tell us what are the chances to cross over as per your good study on different cases of this type ? Many many thanks in advance, appreciate for your time.

[jupiter2016]

Hi ditima, thanks for PM. But I couldn't access it. I just need six months to clock to finish 10 years. Still flr o under process. Applied in March . One kid who is born here finishing 7 years end of next month.and we expecting another next month. So many more sleepless nights ahead for us. Could you tell us what are the chances to cross over as per your good study on different cases of this type ? Many many thanks in advance, appreciate for your time.

[Ditima98]

hi Jupiter,
Thanks for the feedback-I think u will only have access to pm on this forum after you have done past 10 posts, sorry I did not check that one on you before I did the pm.

I am 99% sure that you go past your ILR qualifying period during your appeal process as there are a number of processes involved. Six months is no big issue-I was going to doubt had it been some 8 months or over. With one of my past Tier 4 application I was on appeal for almost 3 months and by the time I was withdrawing the appeal, they had not even set the appeal date.....

The big issue was getting the In Country Appeal which is a problem getting nowadays, and now that you have got it, just sit back and relax and wait for your ILR time to come. Do not stress yourself anymore over this matter , you will be fine.

Regards,

[jupiter2016]

Thanks a lot ditima , one more thing for how long 3c will carry on? If you got any idea let us know please , thanks in advance .

[Ditima98]

Thanks a lot ditima , one more thing for how long 3c will carry on? If you got any idea let us know please , thanks in advance .

I think 3c lasts as far as the the Appeal goes........

[jupiter2016]

Thanks

[jupiter2016]

Plz check your PM ditima98.