Application incorrectly considered as invalid

[MightyEagle]

I was granted an IGS visa which expired on the 26th of June. Prior to the expiry of my visa, I sent an application to the Home Office for an extension under the transitional arrangement of the Post Study Work visa. Whilst completing my application form, I noticed that the bank card I wished to use was due to expire soon.

I contacted my bank for advice as I had not yet received my new bank card for that account. I was informed that I could provide the card details of the soon-to-expire card and that payment would go through regardless. It is the bank's policy to allow card transactions on expired cards for up to 45 days after the expiry.

I have now received my application back from the Home Office with a covering letter stating that my application was invalid due to my bank rejecting the card payment.

I have then contacted my bank who have assured me that no attempt has been made by the Home Office to get payment. They keep a log of 'declined transactions' and there was no transaction on the log for my account. They are providing me with a letter confirming this.

Would I be able to make a fresh application from the UK? I would really prefer not to have to go back home to make an application as I suspect they would require me to show £2,800 maintenance funds.

Am I considered as overstaying?

[wait]

no u cant make trasitional application outside of uk and as soon as possible just send ur documents again 2 ho as its thier policy 4 point based system applications that if their is any prolem with fee or if someone have not got their bank statement in time as this might b happend then u r able 2 send ur documents to ho within 28 days of the expiry of ur visa but make sure just send them covering letter and mentioned this thing and if possible send them letter from bank about their response.

[ash786]

Send them a covering letter plus the bank letter and this time do not take a chance and pay by Postals Orders.

[MightyEagle]

Thank you for your replies.

Do you think it would be best for me to go at a Public Counter instead of sending the application by post?

Also, the bank statements that I submitted were issued on the 1st of June. Do I send these with the new application or do I need to get more recent statements to send (I believe the statements have to be not more than 1 month old)?

One last thing, if (although it is very unlikely) the HO refused my visa, will I be considered as an overstayer since I've stayed in the country (pending their decision) for over 28 days after my original IGS visa expired?

[wait]

its not a better option 4 u now 2 go in person and regarding bank statement just send previous 3 month plus if u have current statement 4 this month with £800 balance at all times then send that 1 as well and just send them postal order and covering letter with mentioning every thing what has happend and if ur visa is expired within last 28 days then there shud not be any problem. hopefully u get da point now

[MightyEagle]

hopefully u get da point now

Although I appreciate your advice and the time you have taken to reply to my post, I think it is completely unecessary to be so rude.

Perhaps, you should be careful as to the language you use as some of us might be more sentive than others. Suggest you chose your words more sensibly.

[wait]

it ws just an advice if u dont like that u can ask or even go 2 solicitor

[wait]

it was just an advice i dont think any one wud say that i was behaving as rude as u mentioning

[MightyEagle]

Like I said I am appreciative of the advice and will decide whether or not to act on it.

However, I found the last sentence of your post quite disrespectful. Try reading it out loud to yourself.

[wait]

i can understand ur disappointment but sorry brov i can only advice u wat was the most helpful 4 u that wat i was thinking but dont give up anyway be hopefull 4 best.

[vinata]

Since your visa expired more than 28 days ago, you cannot reaply for a new PSW visa from the UK. You need to appeal against the decision of the HO and show to the judge a letter from your bank which confirms no attempt to charge your card was made by the HO.

Were you given the right of appeal? If so, you should fill in the form, attach the copy of the HO decision and copies of any additional evidence and send them off to the AIT, as specified in the form.

However, in the worst case senario, if no right of appeal has been given to you, then you should go backhome and apply from there.

If you simply reaply for a new visa while your previos visa has already expired, your application would be refused and a removal order would be issued, meaning you could be deported from the UK.

[MightyEagle]

My visa expired 16 days ago, on the 26th of June.

I wasn't granted a right of appeal as my application was deemed invalid.

[vinata]

Sorry, mate. But in this case you cannot reapply for a new PSW visa while in the UK. You have another 2 weeks to leave the UK, otherwise you may be treated as an overstayer, and you could be deemed to be illegal here.

Try to leave this country asap and reapply from your backhome country. I cannot find the link just now, but I remember a topic on this forum when one of the guys forgot to attach his police registration to his visa application and was refused and not given the right of appeal. He reapplied even though his visa already expired, and got refusal again and a removal order was issued to him. He left the country and reapplied from there in a couple of month time and suprisingly got his visa in just 3 weeks. I think your case is very similar to this one. Browse this forum for about 2-4 month ago and you will find this topic.

So, it is up to you what you are going to do, but I would personally recommend you to leave and reapply again from your country. You will get your visa, but don't forget to maintain £2,800 in this case every singly day prior to your apllication.

Good luck.

[RippedOff]

@ Vinata wrong and wrong
No he cannot apply from outside the UK as it is a transitional application! I don't post on here often, but I had to as you believe yourself to be correct and are giving dangerous advice!

@MightyEagle

I would advise you to go to immigration firms like still-unclear or VisaDirect. They are the only ones I know of that seem to be successful in late applications. Seeing as you are trying to get from IGS to PSW, I recommend to go see one of them. It will obviously cost some money - but now you need to make a decision. Either you go home(and lose the remaining year) or sacrifice some money to get it. Your call.

[vinata]

Sorry for my mistake. Yes RippedOff is right. I haven't notices that fact that this a transitional application. You cannot reapply from backhome. Follow the advice given by the RippedOff and go to the solicitior. Since your current visa has already expired, there are not many choices left. But keep positive.