Invalid FLR M followed by refusal

[right4life]

Where is the fairness!!!! I urge people facing the same situation to post their situation.. Lets ask the government where is the fair policy... ???

With tears in my eyes and anger in my sole this christmas I am wrote to the government, as my heart is breaking at the thought of this government making a very wrong and unfair decision in regards to my wife's further leave to remain.

On the 18 May 2012 my wife applied for further leave to remain as the spouse of a person present and settled in the UK. We received an acknowledgment letter from the UKBA on the 31st May 2012 informing us that the application had been passed to a casework unit.

On the 21st June 35 days later received a letter from the UKBA, which was dated the 18th June, stating that the application was invalid due to the specified fee not being paid. No valid reasons of why the fee was not processed. The explanation they set out is as follows:

“Although a credit/debit card have been provided, the issuing bank rejected the payment. There may have been insufficient funds in the account or the details provided did not match the information held by the bank. For security reasons the cardholders name, address or expiry date and the issue number supplied on the payment form must correspond to the information held by the issuing bank. If the details fail to match the bank will reject the payment.”

I contacted the credit card Company to enquire why payment to UKBA was rejected and I was informed that no payment was rejected and I had sufficient funds. If we had been made aware and the application was subsequently invalid and rejected on the 18th May 2012 because they could not process the fee, we could have rectified this within a day.

Although the Home Office failed to provide proof that the application was invalid.

The Home Office took 35 days to notify us that there was a problem with the payment. We received this notification from the UKBA on the 21st June 2012.

On the 22nd of June 2012 the application was resubmitted. This time the payment was taken on the 27th June only 5 days later.

On July 2nd 2012 we received an acknowledgment letter from the UKBA informing us that the application had been passed to a casework unit.

We then waited patiently until receiving a biometrics invitation letter from the home office on the 29th August 2012. We completed the biometric test on the 3rd September 2012 without causing any delay.


On the 30th November 2012 the Home Office contacted us again, this time to request further documentation. On the letter they stated that this information needed to be provided by the 27th December 2012. We submitted the requested documentation on the 7th December 2012.


On the 20th December 2012 we received the Notice of Decision from the Home Office Refusal to grant leave to remain with the statement,

“your previous leave to remain expired on the 20th May 2012. As you did not make a valid application, ie with the appropriate fee payment before your leave to remain expired, you did not hold limited leave to remain in the United Kingdom at the time of this application. You do not therefore meet the requirements in terms of leave set out in paragraph 284(i):


The system that the Home Office has in place clearly does not work they themselves have caused a Hugh delay and put my wife in the position where her valid leave to remain expired at no fault of her own. The home office took a very unfair and harsh decision at the cost of my wife and without proper consideration of my human rights.


The Home office fee was not processed immediately on receipt of the application and before an acknowledgment letter has been sent. With failure to collect the fee in an application made in time, there should be prompt communication with the applicant to afford an opportunity to check or correct the billing data.


My wife was:


Not given an opportunity to check the accuracy of the billing data and re-submit the application before her leave had expired;

Not given the opportunity to check whether the billing data was accurate after the processing has failed;

Not given any evidence-based specific reason why the processing has failed.

The consideration of this application is unfair. The unfairness of payment procedures for postal applications. The harsh decision with no due consideration to any natural rights of justice, human rights or under article 8.


The decision for refusal has caused great distress for my family, she has no other family ties in South Africa besides a 78 year old grandmother who lives on government benefits. My wife has no suitable accommodation in South Africa. We built a life here with strong family ties and great friends. I have nearly 20 years service with my company. It would not be possible for my wife and myself to move to South Africa.


I believe that the Government is abusing the trust and power the electorate has given them and is using the power for their own benefit, without giving any consideration to the normal person in the street. Your average Human Being.


The regulations have always been very strict around immigration but it appears that it no longer matters if the relationship is genuine or the criteria are met.


It is purely based on finances and the government will use any clause they can to obstruct honest peoples applications.



We actually meet all the criteria under both the old rules and the new ones, which came into effect on the 9th July 2012. Its appears the home office are using some of the new rules and avoiding others with a very harsh and unfair consideration.


It is an absolute disgrace that an honest hard working couple can be subjected to this kind of treatment by a government that claims to have the interests of the nation at heart. We are all human beings and can very easily make mistakes, but very few would lead to such drastic consequences.


This government doesn’t know the people and are very disconnected; they are trying to curtail the immigration from Non EU countries at the detriment of our multicultural society imposing unnecessary restrictions. Allowing only the wealthy access to our shores.

I have written a letter to the prime minister and am still awaiting for a response.

How can this be a fair system when the UKBA delays put immigrant in a postion of breach...?

[vinny]

See also Invalid application due to payment problems?