ILR payment mess up please help!

[smiles]

I submitted my ILR application before my visa expired but yesterday they sent it back saying the bank refused payment. At first I thought there was a fraud marker on my account as we have been travelling and the bank did this 3 times, but now I see that a payment came out after we transferred money onto the credit card (to cover the fee) making us £19 short. Very unlucky.

I phoned yesterday and they said resubmit with a covering letter explaining what happened. But today having phoned again to be sure, they said I was now illegally in the country as it is past my expiry date and I can't work and I need an immigration lawyer. The letter sent to me with my invalid application didn't mention anything other than sending it back again, but is this because they assumed it was before the expiry date?

Please help, I've done *almost* everything by the book for this, will this affect my chances of being granted ILR? What now? I've sent it back already with a covering letter as that is what I was told yesterday.

Any advice please?

(For history - I was on an unmarried visa but am now married).

[smiles]

Anyone?

[Wanderer]

Well the guidance notes say if u don;t include ur payment or make a mistake etc ur app is invalid.

Prudency would for me mean not applying on the last minute to cater for possible errors like this.

I think u can maybe plead ur case for such a small error but I suspect in the end u'll have to return to ur home country and apply for another FLR visa.

I think!

[1971]

Hi,

Is it stated on the 'invalid' application letter sent to you that 'you must reapply before you current expires'? If you apply in any category after your LTR expires, it is considered an 'overstayer' application.

If you explain it clearly on the cover letter the circumstances leading to the 'invalid' application and the CW is a considerate person, it might work for you. I pray it does. This happened to a friend but he got his 'invalid' letter due to payment problems a day to the expiry of his LTR and he had to quickly transfer some monies into his account and back back on same day the LTR expires which makes it a valid application.

I wish you well.

Cheers
1971.

[jei2]

This might help. Note paragraphs 5, 16 and 17 in particular. Send another letter to them making reference to the case. Good luck.

http://www.bailii.org/ew/cases/EWHC/Adm ... /2307.html