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IRL - Invalid Application

Posted: Fri Jun 04, 2010 9:08 am
by asim95
I have applied for ILR (HSMP Judical Review) on SET(O) Version 05/2009 on 5 Jan 2010 and received letter from Home office on 7th Jan 2010. The amount £970 was debit from my account on 11th Jan 2010.
Yesterday (3 Jun 2010) after 5 months I have received leter from Home office with all my documents saying that my application is Invalid based on following:
1. The amount has not been paid to Home office
2. I have used the wrong form
I am in shock because my HSMP will expire on 18th July 2010 and secondly I have paid the correct amount (I have bank statement) and used the correct form. Can someone help me as what should I do now?

Posted: Fri Jun 04, 2010 10:49 am
by vinny
Did you use the current application form at the time?
Get confirmation from the bank that payment had been made.
Note that:
Chapter 1A - Applications wrote:18.2 However, where there has been an unacceptably long delay (that is, more than 3 months) before the validity of the application is considered, discretion should be exercised and an application not rejected as invalid because it does not satisfy one or more of the mandatory requirements. In these circumstances, requests to the applicant for further information may have to be made. Applications may be refused if this information is not provided within the required timescale.

18.3 There is no discretion to accept an application or claim as valid by waiving a specified fee. This is because the requirements relating to the payment of fees are set down in the relevant Fees Regulations and invalidation will be according to the provisions of those Regulations rather than under the rules.
Consider getting professional advice.

Repley

Posted: Fri Jun 04, 2010 5:35 pm
by asim95
Dear Vinny
Thanks for the replay. I have used the correct version. I visited Home office information desk in croydon and they have also confirmed that it is right version. I have also confirmed from the bank (Today) and the payment was made on 11th Jan 2010 as mentioned on my bank statement. I am thinking to talk with some lawyer.
R/Aasim