Immigrationboards.com

Dear admin, members...

I am in a very stressful situation as my application made by post for ILR using Set(LR) has been returned today with 'rejected as invalid' letter. Here's my timeline so far as below:

Application posted: 30th Jan 2016
Visa expired on the same day (30th Jan 2016) : Tier 4 Student visa
HO attempted payment: 2nd Feb 2016 (failed due to insufficient funds)
HO sent a letter asking for new payment method: 23rd Feb 2016
Re-sent the requested information on 7th March 2016
HO attempted on the 9th March and payment failed again due to problems with my debit card
Now today I received my application back with the letter from the HO stating rejected as invalid.

I admit i should have been careful regarding the payment and made using a bankers draft or cheque the next time but messed up as I am currently very depressed and stressed as I am a Phd student and have the pressures of meeting thesis deadline etc at uni and everything has been incredibly hard to manage by myself

I would greatly appreciate if anyone can genuinely advise me what steps should i take next?

- Can i make a fresh application and submit? And is so will new fees apply to me? (in my case £1875 postal)
- I understand that I will be classed as an over-stayer from the date the HO sent me back my app rejecting as invalid......is this correct?
- if i can make a fresh application, is it possible for me to apply via premium service now that my visa has expired?

My application for ILR via 10 years long route has had no gaps of stay or leave in between btw as i have had valid leave throughout the 10 years from 2005, that is, Student visa (4 years):PSW(2 years): Student visa (4 years).

Hi

You were lucky to get 2nd chance by home office to do your payment otherwise they send application back as invalid. It happened with me they sent my application back without giving me 2nd chance but I was lucky I had enough visa to be expired. But I sent postal order 2nd time paying an extra £ 90 to post office.

Thanks
Regards
Kashif

Hi,

I know Kashif but i have had quite a lot of personal issues going on....people who owed me money etc ended up messing around and not repaying me in time and all that sort and i really haven't been able to manage the stress of chasing or handling everything carefully.

All i need is some right guidance and support now as I really am left hopeless with every form of struggle that I have been through to complete this 10 years of of stay here

Just post the application back to them but make sure this time they can collect the payment
Sending a bank draft or a cheque might be an idea....do it asap

Do you think I would be able to apply for a premium service appointment? I've read several posts on here saying they have applied PEO after their visa got refused and their previous stay expired as well and managed to successfully be granted ILR through PEO......can anyone advise me if this is possible?

Greatly appreciate all your advise and suggestions.

star0703 wrote:Do you think I would be able to apply for a premium service appointment? I've read several posts on here saying they have applied PEO after their visa got refused and their previous stay expired as well and managed to successfully be granted ILR through PEO......can anyone advise me if this is possible?

Greatly appreciate all your advise and suggestions.

Hello mate,

I think it could be happened because I heard you can still apply after visa expiry during 28 days. But I am not sure if any senior member put some light on that.

On some grounds application can be posted by 28 days after expiry visa. If you are thinking to go via PEO so definitely you have to pay online when booking appointment.

I advise you to make a call to Homeoffice once and tell them.

Thanks
Kashif

Thanks Kashif.. I will call the HO on Tuesday...


Any senior members, admins advise what is the best course of action to take?

So worried....

Dear all,

Just was wondering, is there a possibility that I can switch to Tier 1 General visa if my uni sponsors me (as I am currently working there part/time to teach) so that I can avoid any hassles and stress for the moment with regards to ILR visa..............my main question is now that my visa has expired back in 30th of Jan 2016, but received rejection letter only on 26th March (this saturday)...this would make me an overstayer now,

So can someone pleaseeeee please advise me if I can still make an application to switch as an overstayer?

Any advise and suggestion greatly appreciated...

Tier 1 General is now closed to new applicants.

Apologies, i meant Tier 2 Employer sponsored visa....

What date did you complete 10 years? If that happened before the refusal date, or since then, then you are okay to go.

I completed the qualifying period for 10 years in September 2015 itself.

And also, my application hasn't been refused, but rejected as invalid, which is why I am looking for some other hassle free option to apply for my stay here for rather than expecting a refusal of ILR if i make a new application in worst case and going through stress without work as well..... if this is a possible option then I can apply sometime later for ILR hopefully when my circumstances are a bit stress-free....

star0703 wrote:I completed the qualifying period for 10 years in September 2015 itself.

And also, my application hasn't been refused, but rejected as invalid, which is why I am looking for some other hassle free option to apply for my stay here for rather than expecting a refusal of ILR if i make a new application in worst case and going through stress without work as well..... if this is a possible option then I can apply sometime later for ILR hopefully when my circumstances are a bit stress-free....

Hi star 0703
You have made simple thing worse
Stop thinking too much
Make it simple
As you already comple 10 years and you have 28 days grace period after invalided application just book a PEO appointment (google it) anywhere through out the nation like Cardiff,glassgo etc attend there with LIUK and degree certificate hopefully you will get approval same day then worry about your other staff
Thanks

Dear Babui,

Thanks for your suggestion.....I am just very concerned if they refuse saying I am making an out of time application....it would just be a crazy amount of money to loose in one day if such a decision is made

But if that is a possibility, I would really appreciate any more senior members here give me their thoughts and advice on this matter please?

Anyone??

Hello Star,
It is possible as long as your overstay period is not uo to 28 days,
Mind you, for you to use PEO, the date you are able to book must also not mke your overstay period more than 28 days.
please check for available date asap. If you are not able to get a PEO date within the 28 days grace (its safer you count from the date they wrote you that your application is invalid rather than when you received it) then you may need to repost asap, ensuring you use a better form of payment.
My advice is from experience, you can check my previous posts.

All the best.

favour -Thanks for your advice sir....


jimtoole - I am sorry but am not sure what your post means???

Dear and respected board member and moderators,

My ILR visa has been approved now upon sending fresh out of time application through post within the 28 days of having received the invalid rejection letter. Thank you so very much for you help and support and guidance.....you guys are amazing in helping people totally lost in hope like me and I am so very grateful to you all.

My fresh application timeline is as follows after having received all my documents back with a rejected as invalid letter on the 23rd March 2016:

Reapplied/fresh application sent through post special delivery : 13th April 2016
Received by HO: 14th April 2016
Payment taken/cleared on: 20th April 2016 (Bankers draft for £1875)
Acknowledgement email received on: 29th April 2016
Biometric letter received: 30th April 2016.....biometric completed on 4th May 2016
ILR visa approval letter with all my documents received on: 14th May 2016

Now awaiting my BRP card to be received......

Bear in mind i went through a big emotional roller coaster during these entire 5 months period since my first application, as I am a PhD student and my university decided to terminate my student access after i received my invalid letter from the HO and so they stated that now I am an overstayer and so its illegal for me to stay here in UK and suggested that I withdraw my second ILR application and return home if i were to legally receive student access and PhD supervision
I resisted and persisted as I know I have worked very hard for this and wasnt going to give up this easily and now looks like my gut feeling was right about me having had to persist

Thank you moderators and all the members who advised me - you are heroes

Best Regards,

Hi all, Does anyone have any idea about how to go through Appeal process, and what are the chances for success. MY reasson for gap was
applied visa to extened on 30 sep 2010(visa until 15 oct 2010), documents returned as invalid due to i forget to tick the box and returned documents On 05 nov 2010. I applied with the correction on 11 nov 2010 then refused on 03 jan 2011 due to bank satatement that was more than 28 days(because i have used same document to apply again). then applied again cuz there was a option to apply fresh application on 12 jan 2011 then received visa on 9 feb 2011.
HO said there was 3 months gap therefore refused ILR. I know there is some kind of human right on to oppose to HO, cuz human can make mistake and in my case i have responded quickly, I have acted as a legal person .
What are the chances of appeal? and any suggestion to make on hearing date. please.

Dear gurus,

I have recently received my ILR visa on the 14th May 2016. I am a PhD student and have worked only in my university all these years during my PhD period. My university have emailed me stating that they have done some work claim audit checks and noticed that I worked more than 20 hours for a couple of weeks on a research project (given by my university themselves) and now they have figured out from the work audit that this has potentially breached my tier 4 rules and hence they now want to inform the UKVI.....

I have only worked whatever work hours they have given me, besides this was meant to be given as a stipend money but instead I was instructed to work to earn any income to support myself and i am very disappointed that they are blaming me entirely for this when it was the university themself who gave me the work contract and now want to inform UKVI, making me look like some sort of a criminal...this is just so unfair

I appreciate if anyone from here can advise if this will affect my immigration status of ILR in any way at all now that it has been approved (still waiting for my BRP card although...) and if not....will it affect my naturalisation application?

I really will be grateful for your kind advice and suggestions..

Regards

Really sorry to hear about your situation. Does seem unfair and unjust at this point. Since you have mentioned it was only for a couple of weeks, one would hope this would not be treated as a serious matter.

It would be a good idea to seek professional advise.

Did you keep any records of how many hours and when you worked? As your employers, I think that they may also be liable for fines, if they assigned you to work over the limit.

However, when are the term times? You were permitted to work for any duration during vacations under 245ZW(c)(iii) and 245ZY(c)(iii).

vinny wrote:Did you keep any records of how many hours and when you worked? As your employers, I think that they may also be liable for fines, if they assigned you to work over the limit.

However, when are the term times? You were permitted to work for any duration during vacations under 245ZW(c)(iii) and 245ZY(c)(iii).

Dear Sir,

Thanks for highlighting the above points. I worked on a research related work relevant to my own PhD between 1st August 2015 and 28th September 2015 out of which my supervisor as agreed that 7 weeks during this time is my annual leave and hence can be ignored which leaves me with one week short in September advised as term time (as a phd student there is only annual leave of 7 weeks a year and the rest is entirely term time). This along with one other week in October (exceeded by 4 hours on top of the 20) with a new work contract undertaken to teach which was solely calculated (hours) and given by the university themselves have come back stating this now. Neither of these work contracts was taken up by me by making an application BUT given by the university themselves to begin with as they had a shortfall of staff, but having just read through the points you have referred to me in the above link, i can see that I am allowed to undertake my course related work during term time which was the research work prior to having started to teach. Anyways. I am going to let them know about these points and see what happens.

Thank you very much once again

Indeed, you were also permitted to work for more hours, if the work was related to your course or research, etc.

Stay strong, Star0703. And thanks to Vinny for throwing more light on the issue. Fact however is that you don't need any of this, especially not now. The fundamental case here will be of deception. Has the subject wilfully proceeded to deceive the university, and by extension, the state? If not (as your case does readily appear), you then have a more solid defence ground in the event of escalation (which by the footprint of this secretary of state, is very likely if successfully reported).

Research further into @Vinny's links. Identify key grounds for your own backup. Ready for 'innocent mistake' argument. And stay in wait, if they ever summon you. Try to relax too, and Good luck.