Application returned - wrong fee! now my FLR has expired

[ILR_newbie]

Hi All

Super stressed at the moment.

A different situation here. I made a FLR under Tier 1 General. It was returned as I had ticked the wrong fee box despite the UKBA helpline advising that this was what I should be ticking.

Now my FLR has expired. The original FLR was submitted before expiry. I have resubmitted under ILR as I now meet the criteria with the Life in the UK test now passed. I have written a covering letter explaining the sitution.

What else can I do? I have no record that they gave me this advise. I don't know why they didn't contact me and say "look you selected the wrong fee and need to pay £1000 not £500".

Any advice pleaseeeee!

[geriatrix]

I made a FLR under Tier 1 General.

So, what is the query regarding? An FLR application or an out-of-time ILR application?

When did your Tier 1 (General) leave expire?
When did you apply for Tier 1 (General) leave to remain? The one that was returned because of wrong fees?
When was this returned to you .. as invalid / refused?
When did you make an out-of-time ILR application?

[ILR_newbie]

Hi...thanks for your response:

When did your Tier 1 (General) leave expire? 27 March 2012
When did you apply for Tier 1 (General) leave to remain? The one that was returned because of wrong fees? 21 March 2012
When was this returned to you .. as invalid / refused? 01 May 2012
When did you make an out-of-time ILR application? today!...15 May 2012

any guidance? have I done the right things?

[geriatrix]

AFAIK, and I stand to be corrected, but an out-of-time (PBS) settlement application is unlikely to be successful.

(c) Unless the application is being made under the terms of the HSMP ILR Judicial Review Policy Document, the applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:

With no leave since 27-Mar-12, you have been an overstayer since then.

However, it may be possible to apply for limited leave to remain (FLR) even if you do not current valid leave.

(f) The applicant must have, or have last been granted, entry clearance, leave to enter or remain:

Because you have submitted an out-of-time settlement application (hence no protection under section 3C), you cannot vary your application to FLR (extension).

You can either wait to hear the outcome of your settlement application, and apply for FLR then, or you can withdraw the settlement application and make a FLR application.

That said, do note that this period of overstaying has reset your ILR clock - even if you are granted further leave to remain on the basis of a out-of-time extension application.

[ILR_newbie]

So should I withdraw? But what about the issue I have with NOT having current leave to remain. Will they accept any application I make given that it was their advice in the first place that made me tick the £500 fee option instead of £1000.

[geriatrix]

You can either wait to hear the outcome of your settlement application, and apply for FLR then, or you can withdraw the settlement application and make a FLR application.

If I were you, I would choose to do the latter.