Invalid application due to payment problems?

[RBeg]

Thanks Vinny



what is a judicial review and how would a person go about this?



and when I report to the local enforcement office what do they do? what ar the procedures?



Do I tell them I have filed an appeal?

Hi MissyD

So what happened to your case?
I would appreciate if you can update please.

thanks
Rbeg

[Obie]

I believe this thread needs to be updated with the changes of the law.

Following VED, which vinny has kindly updated in her original post, it is no longer the case, that the tribunal will adjudicate upon or determine an valid application ruled as invalid.

The only remedy will bw via Judicial Review.

However, if a subsequent application is lodged and refused, then basnet will engaged.

The Upper Tribunal appears to be changing the goal post ever so frequently.

[vinny]

However, if a subsequent application is lodged and refused, then basnet will engaged.

I think that is the key to obtaining appeal rights.

[Obie]

Yes it would appear so,, from the reading of Ved.

Ved is a senseless judgement and puts more burden on an appellant and result it further burden on the tribunal through the back door of JR.

An agrieved appellant will have to choose between making a new application and spending hundreds of pounds or Filing a JR and spending thousands of pounds. The SOS will have to foot the cost.

Why not deal with the issue of validity, rather that compelling an appellant to make a new application, and by the time the issue of validity arise, the secretary of state will not be able to prove it, and an appellant would have undergone undue financial trauma or difficulties.

[MissyD]

Hi MissyD

So what happened to your case?
I would appreciate if you can update please.

thanks
Rbeg

for some reason I was not getting any alerts as to new messages on this thread... to update on this situation:

I did appeal and went to court in February 2014 ..had a sort of crabby judge so the outcome was probably a blessing in disguise, but still not resolved.

To update:

went to court..the judge started to hear the case, then saw that the UKBA had not issued a particular document / paper that they are suppose to send when they give decisions (rejections, etc) and she refused to hear the case until the UKBA sent that document to me (forgot what the document is called, but it's basically a separate piece of paper telling you about the decision and right to appeal, etc)

She did 'hear' and prove that my application/payment was made in time and that UKBA could not prove that I did not pay the correct fee and that my original application made in time stands ..because I could prove it having had a copy of payment page from my application.

But she cannot hear the full appeal or put it through the court because of the missing document from UKBA.

She told them to send it through and when I got it I would have to appeal all over again.

Most of the lawyers present and the UKBA rep stated that most judges do not bother with the formality of the document she was speaking of and take it on principle from the UKBA rep in the court room and continue the case and that particular judge was just being difficult.

So to date, I am still waiting on UKBA to send that one document to start the appeal again....and of course it is causing lots of problems especially where employment is concerned with all companies worried that they will be fined by UKBA....

To my understanding, based on the judge giving that the application was made in time, this means that my 'visa' continues in the same until the case is heard and decided, which means I have the right to work under current visa (the one that expired and I was seeking to renew and they rejected and I am appealing).

1. Please let me know if I am correct in thinking this
2. Should I call UKBA or whatever they are calling themselves lately, to enquire as to what is going on?

Again, it's becoming really difficult to keep a job, even temp agency work, so any advice would be appreciated...

[MissyD]

I've found the information for the name of the document: the notice of the immigration decision

and this bit of info: the reasons for refusal letter is not the notice of the immigration decision and does not of itself generate the right of appeal. A notice of immigration decision must comply with the provisions of the Immigration (Notices) Regulations 2003. It is the Immigration decision which generates the right of appeal by virtue of section 82(1) of the Nationality, Immigration & Asylum Act 2002.

so my question I guess still is what is my status at the moment since they still haven't issued this document as per the court's directive.

[favour]

Hello MissyD, your story is very similar to mine, and I am surprised that you are yet to resolve it, even after over a year. same refeusal letter (lol)

Judicial review withdrawn, now apeal given, please help!

we have decided to go ahead with the apeal, but I hope they will agree i am not an over stayer.

[favour]

Did your appeal trigers 3d?

[MissyD]

I am not aware of what is section 3d...

I was told I'm covered by section 3c and have right to work as the judge told the Home Office rep that the only decision she is making is that the application was made in time, and I could prove my payment was made and correct.

I'm here trying to get some more info myself.

[Obie]

Further positive Judgement in regards to Section 3(C).

Basnet endorsed and extended.

Zahoor v Secretary of State for the Home Department [2014] EWHC 2751 (Admin) (08 August 2014)

[favour]

Hello All,
Just an update on this forum, just in case there are people out there like me that has been checking this forum often for an encouraging story.
I eventually got to court last weak, after almost 2years. Our lawyer (instructed by the solicitor that has been dealing with our case) advised that having gone through our bundle, she feels we should tackle the issue of overstaying first before talking about article 8 (during the period of waiting my first child turned 7). she said she wanted to discussed with hopo first that this should be a straight forward case as its clear on there rule, that when you vary you only need to pay the difference of the fee and not the total new fee.
The hopo advised that my lawyer is correct but that he needs to confirm with home office, unfortunately the home office replied that they are still insisting on there decision that we have overstayed, by the invalid application.
But for God's mercies, when our application was returned they mistakenly returned a document, which looked like a receipt of payment, this was what the lawyer saw in our bundle. He confirmed that he recognised the system that it is a very confusing system blabla. He was able to confirm from the paper that we did payed payed the first fee in full.
When the judge came into the courtroom eventually, it was the HOPO himself that was defending our case to her.
It was a miracle!!!
our lawyer only had to say she agrees . so there and then we were told by the judge that our appeal has been allowed and that she will send the letter out in two weeks.
If you are out there with a similar problem please do not give up. God is faithful.

[Lydds]

[exactly as WRS has quoted below, mine was practical..but successful..
my permit was to expire within the month on the 24th February, I wasn't sure which Form to use, so to be safer than sorry,on 5th I chose a form DL filled it, posted, it was returned within the week as NOT VALID, that gave me 2 weeks to find the right one to fill & send. I found the right Form..FLR(O), sent same package as earlier but different form, on 19th, I received a quick response on 24th application was confirmed as my bank acc showed HOME OFFICE has taken the cash .. All these happened in the same month of 2015 February.
Best advise,
-don't wait for time to elapse,
-apply as early within the month of expiry to be safe
-Make sure the right amount of money is in the bank immediately you send your application.



="vinny"]

Have you been faced with an issue where you applied through postal application when your current leave to remain was valid; but application is returned as invalid after your current leave to remain has expired!?

This article is good one to read on the subject matter!

THE UKBA MUST PROVE THAT AN APPLICATION FOR LEAVE TO REMAIN WAS “INVALID” – ITS INABILITY TO OBTAIN PAYMENT FOR A FEE DOES NOT CONSTITUTE PROOF

[/quote]

[favour]

Hello Vinny/ other gurus,
please can anybody please confirm if an employer uses the employer checking service at this point , get a positive result as regards to ability to work legally. i.e will the judges allowed appeal (we now have the decision in writting) reflect in home office system.
or the system will only be updated after the HO re-issue another decision to confirm that we are not overstayers?

[manci]

Hello Vinny/ other gurus,
please can anybody please confirm if an employer uses the employer checking service at this point , get a positive result as regards to ability to work legally. i.e will the judges allowed appeal (we now have the decision in writting) reflect in home office system.
or the system will only be updated after the HO re-issue another decision to confirm that we are not overstayers?

there is a new online checking service, see if you can use it yourself:
https://www.gov.uk/employee-immigration ... ent-status

[favour]

THAnks Manci. no luck. is it a good idea to call home office and ask?

[favour]

Just to confirm that the ECS check carried out by the employer few weeks after the appeal was allowed came out with the confirmation that I can work.

[MissyD]

This is good news for you Favour....

My Employee Verification Service check came out negative

Read about it here: http://www.immigrationboards.com/post12 ... l#p1204369

[MissyD]

update...since sending a complaint through to HO..they have done nothing but send out variations of letters to report to Becket House......

One week the letters are suspended, next week they send a different letter....


The Home Office doesn't seem to know what they are doing and a lot of guess work is taking place and their officers are even making up 'statements' .....

Their latest line of defense seems to be to ask people to report to Becket House even if there is no reason for them to do this.

[favour]

Sorry to hear this MissiD,
This is being very unfair, I really don't know what to say.
ours ended up in them re-refusing the visa, only this time correcting the overstaying bit though the decision was sent to a wrong address and we only got it after abt 3 weeks, while appeal period is over.
Don't give up!

[MissyD]

Kept reporting as requested and was eventually detained at Becket House and sent to Yarl's Wood removal centre.

[vinny]

Supreme Court criticises complexity of immigration rules (but dismisses case anyway) > Mirza & Ors, R (on the applications of) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016).

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

[CR001]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

Try not to jump to conclusions and assume things.

http://www.immigrationboards.com/member/MissyD/posts/

[Obie]

I'm sure I updated on this situation since 2015..but can't find my post's anywhere? Were they deleted? If so why?

This decision was only out today, so you could not have updated it.

You probably thinking of the decision at the Court of Appeal.

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

Try not to jump to conclusions and assume things.

http://www.immigrationboards.com/member/MissyD/posts/

Thank you for your response. As you can see I did not jump to conclusions, I asked two questions - they were not statements.

I also am aware of how to search - while they maybe showing that the posts were made, they are not showing up on the board, hence my asking the two questions.

Question: Have the posts been hidden?