Immigrationboards.com

My wife applied for ilr at the start of december 2011 and she recieved documents back yesterday with a letter saying invalid application due to reasons below, photos.Please resubmit application with appropriate fee. How can this be as we had our documents checked by the town hall and on the copy of thier check list everything is there. Either they have misplaced the photo or uk border have. This is a absolute joke. Please help as i cant afford to pay again.

Please someone help

If the application was invalid the fee should be refunded. Did they say the photos were missing or that they didn't meet the terms of the guidance?

All it says is <The application must be accompanied by the photographs as specified as mandatory in the application form/and or related guidance notes>. Nothing about refund of fee. I am so angry i spent extra money getting the town hall to check and send the documents. Who do i contact first town hall or uk border angency. Like i said earlier i have copy of the council checklist on which everything is right.

Please anyone

[url=http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/]How to apply for settlement from inside the UK[/url] > Completing application form SET(M) > Settlement checking service wrote:ensure your application is valid and post it to us.

You may be able to claim damages (including for emotional distress).

See also Settlement rules for spouses.

What do i do?

Ammer786 wrote:What do i do?

Try contacting your MP and or the citizens advice bureau, good luck, you also need to consult a solicitor about appealing your case.

Loveislovely wrote:

Ammer786 wrote:What do i do?

Try contacting your MP and or the citizens advice bureau, good luck, you also need to consult a solicitor about appealing your case.

there is no right of appeal if the application is invalid.

Ammer786 wrote:All it says is <The application must be accompanied by the photographs as specified as mandatory in the application form/and or related guidance notes>. Nothing about refund of fee. I am so angry i spent extra money getting the town hall to check and send the documents. Who do i contact first town hall or uk border angency. Like i said earlier i have copy of the council checklist on which everything is right.

they will refund the money if the application was rejected as invalid.

You should speak to the council about the photos. If you believe they were provided then resubmit the application to the UKBA and ask them to treat it as in time.

Greenie wrote: You should speak to the council about the photos. If you believe they were provided then resubmit the application to the UKBA and ask them to treat it as in time.

read also this re. photos:
http://www.freemovement.org.uk/2011/12/ ... lications/

Reapply with new photographs. Explain the circumstances. Ask the UKBA to exercise discretion in her favour and treat the application as a valid in-time variation.

Why should i have to resubmit, when the fault lies with ukba or the council. It is a total shambles. How can they play with peoples lives and get away with it.

Ammer786 wrote:Why should i have to resubmit, when the fault lies with ukba or the council. It is a total shambles. How can they play with peoples lives and get away with it.

well if you don't resubmit then your wife will remain here as an overstayer! If you want her to be granted ILR then you have to jump through the necessary hoops. If a mistake has been made then you can complain, but asking 'why should I have to resubmit' is not going to solve anything.

You need to go to the council, if the photos were provided and met the terms of the guidance then resubmit the application and argue that the UKBA should treat the application as in time. Given the delay in them sending back the application as invalid you can also argue that this is unreasonable.

How did you pay for your application before?

I paid for it by cheque. I am sorry for the previous post as i have calmed down a little now. I have finally got through to the council and they have asked me to come in the morning. They said they would phone ukba in my presence and try to resolve the matter. In my returned documents there was a sheet <DPT ERROR RETURN SHEET> which has on it the reason application was invalid-No photographs of applicant or spouse in pouch. Hopefully God willing it will be resolved soon.

was the cheque cashed?

Cheque was cashed a few days after they recieved application

Ammer786 wrote:Cheque was cashed a few days after they recieved application

when you go to the council ask them to ask the UKBA about the fee too - fees are refunded for invalid applications. Didn't the letter say why the application was invalid (not just the sheet - which sounds like a document from their internal file)

Yes that is a internal sheet. The only thing it said on the letter was< The application must be accompanied by the photographs as specified as mandatory in the application form/and or related guidance notes>

Just thought id let everyone know my wife has been granted ilr this week after almost a year. After the ukba lost our photos but didn't admit to it, it has been a very very stressful time and at times we gave up hope.I have never dealt with such a unprofessional organization. Rude arrogant and not willing to help is how i would describe them. The whole process is flawed. I will be making a complaint to the highest level. What was a straight forward application turned out to be farce.God help anyone who's application isn't straight forward

Better late than never Ammer786, congrats. Glad the long wait is over for you. Out of curiosity - did they charge you twice? Are you contesting / escalating this with UKBA or the Council?