UKBA Bank Transaction Refused - Nearing end of current Leave

Hello Experts...

I am currently on a Tier 2 (ICT) Established Staff visa which expires on 30/12/2011. I have recently applied for an extension under the Tier 2 IcT long term staff option along with 2 of my dependents.
My initial application for extension was sent back as invalid and below are the key dates

• 22/11/2011 - Date of First Application sent
  14/12/2011 - Application returned by UKBA and received in post as invalid due to an issue with visa fees payment
  15/12/2011 - Application resubmitted with new card details and case ID and Ref No provided with the returned documents
  19/12/2011 - Call received from bank saying that payment request from UKBA for £1100 was rejected as my card is blocked

I have tried calling the bank and UKBA to sort this out and to get the UKBA to re-request this payment but this has not worked.

I have been asked to wait for the documents to be returned and have been advised to reapply by UKBA public enquiry office.

It is unlikely that I will receive my documents before 30/12/2011. If I receive my documents and application after my current leave expires what options do I have? My questions as below.

• Can I re apply from within the country or do I have to go back to my home country and reapply?
  Will my application be considered as an (out of time application)?
  Is there a grace period by which I need to reapply?
  Assuming I can apply in country will my COS still be valid (as long as it has not expired)?

What are you suggestions? What is the best route to take? Has any one been in this situation before?

Please Help

Any views? Please help!

1. You may be able to make an out-of-time application from within the UK but I wouldn't suggest that you do it in-person at a PEO. Do note that if this out-of-time application is refused you will not get a tight of appeal and you would be deemed an overstayer from 30-12-2011.
2. If you wish to apply from outside UK, you will need a restricted CoS.
3. An application for leave to remain made when the applicant has no valid leave to enter / remain in the UK is an out-of-time application.
4. There is no grace period.
5. IMHO, you will need a new unrestricted CoS to make a new application. Wait for others to confirm / correct.

Get your HR to check in the SMS of your COS "Status", If it reads "used" then you have to get a new COS and its no longer valid for a new application.

If it says "Active" then I'm sure you can use it for your new application. But do confirm this with UKBA. My personal opinion is that as long as your application is not processed (Due to not being valid for reasons such as fee, not filling the form correctly etc) your COS should be able to use. I can't be sure but thats what I think.

Get your HR to ring UKBA and find out about the validity.

As far as requesting a new COS it seems the time scale is different with the case. Some people get it within 24hrs but some are waiting over 3 weeks. I would try and use the COS already assigned to you if possible. If you have to request a new one you have to wait for some time and also pay again for it.

Thanks for your valuable suggestions, it is much appreciated

sushdmehta wrote:1. You may be able to make an out-of-time application from within the UK but I wouldn't suggest that you do it in-person at a PEO. Do note that if this out-of-time application is refused you will not get a tight of appeal and you would be deemed an overstayer from 30-12-2011.

@sushdmehta Did you want to say that you would suggest I do it in-person at a PEO?

madona587 wrote:Get your HR to check in the SMS of your COS "Status", If it reads "used" then you have to get a new COS and its no longer valid for a new application.

If it says "Active" then I'm sure you can use it for your new application. But do confirm this with UKBA. My personal opinion is that as long as your application is not processed (Due to not being valid for reasons such as fee, not filling the form correctly etc) your COS should be able to use. I can't be sure but thats what I think.

Just got HR to check the status and they said the status is "assigned" so I should not need a new CoS if re applying from within the country.

indiansemail wrote:Thanks for your valuable suggestions, it is much appreciated

sushdmehta wrote:1. You may be able to make an out-of-time application from within the UK but I wouldn't suggest that you do it in-person at a PEO. Do note that if this out-of-time application is refused you will not get a tight of appeal and you would be deemed an overstayer from 30-12-2011.

@sushdmehta Did you want to say that you would suggest I do it in-person at a PEO?

madona587 wrote:Get your HR to check in the SMS of your COS "Status", If it reads "used" then you have to get a new COS and its no longer valid for a new application.

If it says "Active" then I'm sure you can use it for your new application. But do confirm this with UKBA. My personal opinion is that as long as your application is not processed (Due to not being valid for reasons such as fee, not filling the form correctly etc) your COS should be able to use. I can't be sure but thats what I think.

Just got HR to check the status and they said the status is "assigned" so I should not need a new CoS if re applying from within the country.

Make sure to get your employer to confirm this with UKBA before using it again. But my gut feeling is you should be fine cause the COS is not yet been used.

indiansemail wrote:Hello Experts...

I am currently on a Tier 2 (ICT) Established Staff visa which expires on 30/12/2011. I have recently applied for an extension under the Tier 2 IcT long term staff option along with 2 of my dependents.
My initial application for extension was sent back as invalid and below are the key dates

• 22/11/2011 - Date of First Application sent
  14/12/2011 - Application returned by UKBA and received in post as invalid due to an issue with visa fees payment
  15/12/2011 - Application resubmitted with new card details and case ID and Ref No provided with the returned documents
  19/12/2011 - Call received from bank saying that payment request from UKBA for £1100 was rejected as my card is blocked

I have tried calling the bank and UKBA to sort this out and to get the UKBA to re-request this payment but this has not worked.

I have been asked to wait for the documents to be returned and have been advised to reapply by UKBA public enquiry office.

It is unlikely that I will receive my documents before 30/12/2011. If I receive my documents and application after my current leave expires what options do I have? My questions as below.

• Can I re apply from within the country or do I have to go back to my home country and reapply?
  Will my application be considered as an (out of time application)?
  Is there a grace period by which I need to reapply?
  Assuming I can apply in country will my COS still be valid (as long as it has not expired)?

What are you suggestions? What is the best route to take? Has any one been in this situation before?

Please Help

Experts...... If I don't receive my documents on time i.e. before 30/12/2011 and I end up making an "out of time" application, will I still be able to work legally under my original Tier2 Visa while I wait for a decision? As this is not an appeal but an out of time application/reapplication will this affect my immigration status while i wait for a decision to be made?

Experts.... Any advice?

indiansemail wrote: If I don't receive my documents on time i.e. before 30/12/2011 and I end up making an "out of time" application, will I still be able to work legally under my original Tier2 Visa while I wait for a decision?

No.

indiansemail wrote:As this is not an appeal but an out of time application/reapplication will this affect my immigration status while i wait for a decision to be made?

You will remain an overstayer from the date your current leave expires to the date a new leave is issued on the basis of an out-of-time application (if a new leave is issued, that is. Else, you will remain an overstayer till the date you leave UK).