Re-applying for PSW visa after student visa has expired

[ashcarv]

Hi everyone,

I'm hoping someone can give me some advice. Here's my situation: I applied for a PSW visa on 28 January, and it was received by HO on 30 January. My application was perfect, but I paid by credit card and my bank declined the transaction for the application fees due to anti-fraud security measures (despite the fact I had notified my bank well in advance that the transaction would be occurring and to authorize the charge.) Because of this, my application was invalidated and refused. I received the rejection letter and all my supporting documents in the post this morning.

Unfortunately, between now and when I posted my application to HO, my Tier 4 student visa expired. I am now considered an overstayer in the UK. I've spoken with an international immigration advisor, who says I can submit a fresh application from within the UK explaining the circumstances regarding my bank declining the transaction and paying by postal order or bank draft instead of card. The advisor says that if I do this, chances are good that my visa will be granted. Alternatively, she says I can fly back to the US (where I'm from) and make a fresh application there.

Flying back to the US isn't an option for me right now, but obviously I need to get this visa sorted. I'm wondering if anyone has (or knows someone who has) been in this situation before (re-applying for PSW visa as an "overstayer" after Tier 4 visa has expired) and whether the visa was granted.

I'd appreciate any/all advice on the matter. Thank you!

[abhz639]

Yes, you can do that..

[ashcarv]

Do you know how successful this is? Has anyone been in this situation before? If you have, I would greatly appreciate if you could tell me your experiences with this. Thank you

[vinny]

245FD(f) permits an out of time application for leave to remain.

There's no right of appeal against a refusal.

However, lawful continuous period may be broken and possible future re-entry ban.

See also Another Secret Policy.

[Tier 4]

Hi everyone,

I paid by credit card and my bank declined the transaction for the application fees due to anti-fraud security measures (despite the fact I had notified my bank well in advance that the transaction would be occurring and to authorize the charge.)

Was your credit card issued in US or in UK? Because usually debit card payment refuses, it’s much unlikely credit card get refuse.

[ashcarv]

My credit card is based in the US. The credit card company declined the transaction because they thought the overseas charges were fraudulent (despite the fact I've lived in the UK for nearly 3 years and have used this card frequently while I've been here). There was/is more than enough money in the account to cover the cost of the application fee. I warned the card company AND my bank in advance that the transaction would be taking place and to authorize the charges, but they still declined the transaction.

[Noman83]

Hi everyone,

I'm hoping someone can give me some advice. Here's my situation: I applied for a PSW visa on 28 January, and it was received by HO on 30 January. My application was perfect, but I paid by credit card and my bank declined the transaction for the application fees due to anti-fraud security measures (despite the fact I had notified my bank well in advance that the transaction would be occurring and to authorize the charge.) Because of this, my application was invalidated and refused. I received the rejection letter and all my supporting documents in the post this morning.

Unfortunately, between now and when I posted my application to HO, my Tier 4 student visa expired. I am now considered an overstayer in the UK. I've spoken with an international immigration advisor, who says I can submit a fresh application from within the UK explaining the circumstances regarding my bank declining the transaction and paying by postal order or bank draft instead of card. The advisor says that if I do this, chances are good that my visa will be granted. Alternatively, she says I can fly back to the US (where I'm from) and make a fresh application there.

Flying back to the US isn't an option for me right now, but obviously I need to get this visa sorted. I'm wondering if anyone has (or knows someone who has) been in this situation before (re-applying for PSW visa as an "overstayer" after Tier 4 visa has expired) and whether the visa was granted.

I'd appreciate any/all advice on the matter. Thank you!

Hi This happened to me once but when i got my application back as invalid i still had 5 days on my visa so i reapplied . At that time i spoke to HO and they said that application date will be considered as the date initially applied .Just write a letter to clarify the position and she also explained that it does not matter if your visa even expired as you are already logged on the system and you just have to sort out the payment and reapply using the same refference nos as in the letter by UKBA
Thanks

[ashcarv]

Wow - thank you so much for your helpful reply! I really appreciate it. When you say apply using the same reference number as the previous application, do you recommend that I include the rejection letter I received from UKBA in my application? Or is there another way to put the reference number in there? Thanks again!

[Noman83]

Wow - thank you so much for your helpful reply! I really appreciate it. When you say apply using the same reference number as the previous application, do you recommend that I include the rejection letter I received from UKBA in my application? Or is there another way to put the reference number in there? Thanks again!

I think you should write a covering letter explaining everything and put reference number over there as UKBA knows very well that bnks / cards do decline and also call HO anonymusly and ask them directly and dont forget to note person name and time you spoke to them
Thanks

[Noman83]

Wow - thank you so much for your helpful reply! I really appreciate it. When you say apply using the same reference number as the previous application, do you recommend that I include the rejection letter I received from UKBA in my application? Or is there another way to put the reference number in there? Thanks again!

I think you should write a covering letter explaining everything and put reference number over there as UKBA knows very well that bnks / cards do decline and also call HO anonymusly and ask them directly and dont forget to note person name and time you spoke to them
Thanks

this is what i did

I printed a new form filled it up with all my details
Then i prepared a covering letter and mentioned thier reference no and gave them an explanation of what has happened ..That s it but like i said i dnt know if they might have chnged their rules so i recommend you speak to HO Thanks

[abhz639]

Are you re-applying with a letter explaining everything?

[pumnoo]

hello there,
my situation was exactly the same. payment of my wife visa got declined the the application become invalidated and also visa-stay got expired as welll. i simply wrote a covering letter stating the whole situation and didnot add any thing and sent back all the documents which i sent before. and she got the visa . i called to HO and they explained that if due to some reason your application becomes invalidated and you then reapply, the caseworker decides on case-to-case basis. therefore my suggestion for you is just write a covering letter and make sure the payment goes through this time. i hope you will get your visa without any problem. Best of luck!

[abhz639]

Hi Pumnoo,

How long ago was this? Didn't you have to update your bank statements?

Thanks!

[abhz639]

Hi Noman,

My application got returned, so just wanted to ask you, is the date I FIRST applied considered the application date? And also did you have to update your bank statements? Thanks!!

[quantum1]

Hi Noman,

My application got returned, so just wanted to ask you, is the date I FIRST applied considered the application date? And also did you have to update your bank statements? Thanks!!

No.

Your application has been deemed invalid and therefore according to the home office you have not made an application. Unfortunately there is no discretion when it comes to applications deemed invalid because payment could not be paid. Its a statute, non payment automatically invalidates an application. This is harsh and its had a lot of serious consequences for people in particular when it came to later applying for ilr. My advice to you is to pay the home office with a banker's draft or postal orders which can be guaranteed to be redeemed in the future.

[divine_]

Hi Noman,

No.

Your application has been deemed invalid and therefore according to the home office you have not made an application. Unfortunately there is no discretion when it comes to applications deemed invalid because payment could not be paid. Its a statute, non payment automatically invalidates an application. This is harsh and its had a lot of serious consequences for people in particular when it came to later applying for ilr. My advice to you is to pay the home office with a banker's draft or postal orders which can be guaranteed to be redeemed in the future.

According to UKBA, it is at the discretion of the case worker. If it is declined however, there is no right to appeal, as far as I know.

[PSW WORRIES]

can someone answer ths question?

Posted: Sat Feb 25, 2012 9:40 am Post subject:

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Hi Noman,

My application got returned, so just wanted to ask you, is the date I FIRST applied considered the application date? And also did you have to update your bank statements? Thanks!!