FLR(M) refused due to overstay

[Afiya]

hi everyone, i've been following this board since last yr because of delay in my application processing.
so after a year i got my response and shockingly my application for FLR(M) was refused.

i have an 18 month old son who was born in UK on 9th september 2011, my husband has been granted ILR in March 2012.
i applied for FLR(M) for myself and my son in April 2012.
My visa was expiring on 15th april 2012 so i applied for FLR(M) on 5th april 2012. unfortunately the payment didn't go through by the card issuer. and ukba sent the application back after a month in may 2012. my visa had expired by then.

i applied again the very next day and this time ukba took half the payment and sent the application back after nearly 2 months in july 2012 stating incorrect fee paid.

so i once again applied the very next day on 5th JUly 2012 with all the information about the attempted applications sent and this time the process started and i recieved my Biometrics letter in september 2012. till today my only worry was the delay in processing times. but today i recieved the refusal for both me and my son on the basis of overstaying as my visa expired in april and the last application they accepted was in july. now i have no right to appeal.

what should i do now?
we are applying for citizenship for my son as my husband has ILR. but that would take time. they have an appointment in may 2013. i would have been eligible for ILR since oct 2012 but couldnt apply as the FLR(M) application was in process. if i go back and apply for spouse visa my 2 year eligibility would be wasted and i'll have to start from scratch and who knows if they'll grant the visa then too. the other option i have in mind is take it up with them in court. im mentally very stressed. please provide any solution to my problem.

[egoneo]

hi everyone, i've been following this board since last yr because of delay in my application processing.
so after a year i got my response and shockingly my application for FLR(M) was refused.

i have an 18 month old son who was born in UK on 9th september 2011, my husband has been granted ILR in March 2012.
i applied for FLR(M) for myself and my son in April 2012.
My visa was expiring on 15th april 2012 so i applied for FLR(M) on 5th april 2012. unfortunately the payment didn't go through by the card issuer. and ukba sent the application back after a month in may 2012. my visa had expired by then.

i applied again the very next day and this time ukba took half the payment and sent the application back after nearly 2 months in july 2012 stating incorrect fee paid.

so i once again applied the very next day on 5th JUly 2012 with all the information about the attempted applications sent and this time the process started and i recieved my Biometrics letter in september 2012. till today my only worry was the delay in processing times. but today i recieved the refusal for both me and my son on the basis of overstaying as my visa expired in april and the last application they accepted was in july. now i have no right to appeal.

what should i do now?
we are applying for citizenship for my son as my husband has ILR. but that would take time. they have an appointment in may 2013. i would have been eligible for ILR since oct 2012 but couldnt apply as the FLR(M) application was in process. if i go back and apply for spouse visa my 2 year eligibility would be wasted and i'll have to start from scratch and who knows if they'll grant the visa then too. the other option i have in mind is take it up with them in court. im mentally very stressed. please provide any solution to my problem.

your best option is a solicitor. Its a common fact lots of people get their applications declined because of the UKBA's dodgy handling of taking payment from people. You can argue that at the time of your application you had the funds in your account and had every intention of meeting the rules and deadlines but due to human error on the ukba's side your application has been denied.

[Damanisshallo]

Follow here

[vinny]

See also visa refusal on late submission.

[Amber]

Hello, i have a very unfortunate case and im confused how to proceed now.
I came to the UK on 28 oct 2010 as a dependent of my husband of my husband who at that time was here on a visa of Point based system, my visa expired on 14th april 2012, i applied for an extention FLRM in time on 4th april 2012 and also for visa for my 1 yearvold son at that time and recieved their acknowledgement of recieving the application in April. On 5th May however they wrote to us saying there was a problem with the payment so our application was invalid and we needed tp make a fresg application with the new and increased fees. We did that the very next day and in June we recieved another letter saying one part of payment went through and the one for my son dod not. The bank details we provided were absolutely correct it was a fault on their part, anyway they wrote to make another application which we did in June after that they took a year to process that application and responded in march 2013 with a refusal saying we had overstayed the first time we were sent the application back. We applied for judicial review refering to Basinet case. Meanwhile my son got his British nationality that we applied for as my husband has an ILR and son was born in UK. Just two days ago was our hearing and the judgr sympathised with us understood we had made right payments and homeoffice was at fault BUT he said there is a rule that we should have applied for judicial review within 3 months after the first application was returned to us, even though he admitted home office letter was misleading when they said to apply with a fresh application. So this judicial revoew was too late and so had to be refused.
Now the problem is i am looking at 10 yr route for ILR due to the stamp of overstayer of i apply from here but the home office barrister has confirmed i'll get the visa if i apply from here on the grounds that i have a toddler who is a british national, as he'll put it in the notes. So that is one optipn.
The second is if i go back to Pakistan and apply fresh from there for entry clearance in which case i'll get ILR after 5 years. But im confused which option to opt for as if i don't get the visa from Pakistan there's a much bigger risk. I have no idea how strong my case is if i apply from Pakistan. Please advise me which way to go.

[Afiya]

Hello, i have a very unfortunate case and im confused how to proceed now.
I came to the UK on 28 oct 2010 as a dependent of my husband of my husband who was here on a visa of Point based system, my visa expired on 14th april 2012, i applied for an extention FLRM in time on 4th april 2012 and also for visa for my 1 yearvold son at that time and recieved their acknowledgement of recieving the application in April. On 5th May however they wrote to us saying there was a problem with the payment so our application was invalid and we needed tp make a fresg application with the new and increased fees. We did that the very next day and in June we recieved another letter saying one part of payment went through and the one for my son dod not. The bank details e provided were absolutely correct it was a fault on their part, anyway they wrote to make another application which we did in June after that they took a year to process that application and responded in march 2013 with a refusal saying we had overstayed the first time we were sent the application back. We applied for judicial review refering to Basinet case. Meanwhile my son got his British nationality that we applied for as my husband has an ILR and son was born in UK. Just two days ago was our hearing and the judgr sympathised with us understood we had made right payments and homeoffice was at fault BUT he said there is a rule that we should have applied for judicial review within 3 months after the first application was returned to us, even though he admitted home office letter was misleading when they said to apply with a fresh application. So this judicial revoew was too late and so had to be refused.
Now the problem is i am looking at 10 yr route for ILR due to the stamp of overstayer of i apply from here but the home office barrister has confirmed i'll get the visa if i apply from here on the grounds that i have a toddler who is a british national, as he'll put it in the notes. So that is one optipn.
The second is if i go back to Pakistan and apply fresh from there for entry clearance in which case i'll get ILR after 5 years. But im confused which option to opt for as if i don't get the visa from Pakistan there's a much bigger risk. I have no idea how strong my case is if i apply from Pakistan. Please advise me which way to go.