Outdated form invalidated the application / Legal advice?

[chris_london]

Hi,

my partner finished a one year Masters programme in October 2008 and sent her application for a Tier 1 Post Study Visa on January 2nd. She had printed the form (Version 06/08 ) on November 14th 2008 and didn't notice that the UK Border Agency introduced a new form (Version 11/08 ) two weeks later. There was no mention of any limited validity on the form she used.

After waiting two months, we received all application documents back yesterday. The attached letter states that they "[...] must return the application as invalid" because the wrong form was used which expired as of 19/12/08. The letter does not mention anything about an appeal and states that "arrangements will be made to refund any fee which you have paid".

I have several questions regarding this - maybe someone here knows more:

- Her student visa expired at the end of January 09. As she is from the US and visited her parents over Christmas, she re-entered the UK on a tourist visa. Can she reapply from within the UK? I read that whilst a decision on an application is pending, the leave is extended. One could argue that in this case, no decision regarding the application has been made as the form has been rejected.

- Can she send the original documents (3 months of bank statements) along with the correct form or does she need updated bank statements covering the time until February?

- Can anyone recommend a good immigration lawyer in London who works on a fixed fee basis? I am wondering whether it's worth going to a lawyer as this might take long and be costly - any experience would be interesting.

Thanks
Christian

[dahokolomoki]

1 - Yes, but they could also argue that no valid application was made, and thus there was never the extension in the first place. I do believe that the student visa is "automatically extended" when a new application is made, but only if you are still in the country? As she left and reentered and was given a "new" tourist visa, her "old" student visa is no longer valid. Thus her current status in the UK is as a "tourist" and hence is probably not eligible to apply from here.

2 - As the fee has been refunded, and you are sending in a new application, I presume 3 months from now. Unless the letter said they are "seeking further documents" or you are appealing, which doesn't seem to be the case here.

3- Can't help with that point! But if I were you I would get your partner to get in touch with the international office at your university as they can provide some advice and maybe a contact for an immigration lawyer.