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Application Returned as Invalid

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

ahj
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Application Returned as Invalid

Post by ahj » Thu Apr 18, 2013 2:04 pm

Hi Folks,

I sent my application form for TIER1 extension plus 1 dependant on 5th April (special next day delivery) old application form and fees applicable. UKBA received application on Monday 8th April. No fees were deducted, UKBA returned my application as invalid because of wrong fees as fees changed on 6th April.
Please can you advice what steps shall I take now, as I posted application on 5th April via royalmail and to my understanding according to the guidance notes is that date of royalmail stamp is considered by UKBA.

Please also share if anyone else has experienced the same.

Any advice will be much appreciated.

Thanks.

poojabhatt
Newbie
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United Kingdom

Post by poojabhatt » Thu Apr 18, 2013 2:51 pm

Hi,

Sorry to hear that your documents were returned. You are not at fault.Please check the following:

Tier 1 General-Guidance Notes:

“Date of application

42. The date of application will be taken to be the following:

• Where the application form is sent by post, the date of posting; or
• Where the application form is sent by courier, the date on which it is delivered to the UK Border Agency of the Home Office; or
• Where the application form is submitted in person at a Public Enquiry Office, the date on Which the application and associated payment is accepted.”

Also please check

http://www.legislation.gov.uk/uksi/2007 ... on/17/made

Good luck

vinny
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Post by vinny » Thu Apr 18, 2013 3:51 pm

If you posted (34G) the application prior to 6 April 2013, then it should have been considered under the old rules and fees.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

DiamondBA
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Post by DiamondBA » Thu Apr 18, 2013 4:15 pm

Just curious, what time did you post your application on April 5th?

There is last collection time in every PostOffice branch, and I'm just guessing now, but if you sent your docs after that time, it is possible that docs were collected and stamped by Royal Mail already on April 6th, where new rules are applied. But this is only my speculations

UKBALoveStory
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Afghanistan

Post by UKBALoveStory » Thu Apr 18, 2013 4:19 pm

DiamondBA wrote:Just curious, what time did you post your application on April 5th?

There is last collection time in every PostOffice branch, and I'm just guessing now, but if you sent your docs after that time, it is possible that docs were collected and stamped by Royal Mail already on April 6th, where new rules are applied. But this is only my speculations
this does not matter. Also, send an email to
UKBACustomerComplaints@homeoffice.gsi.gov.uk and UKBApublicenquiries@UKBA.gsi.gov.uk
and see what they say..
Last edited by UKBALoveStory on Thu Apr 18, 2013 4:24 pm, edited 1 time in total.

DiamondBA
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Post by DiamondBA » Thu Apr 18, 2013 4:24 pm

tahirnaveed wrote:this does not matter.
I'm again speculating, but...

The only way HomeOffice could get info about date of postage - is to look at the postage itself and find stamps with dates.

If postage was processed next day, stamps would state this. Royal Mail is only guarantying date of delivery and not date of processing.

I'm not sure HomeOffice is making request to Royal Mail every time they're getting postage.

ahj
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.

Post by ahj » Thu Apr 18, 2013 5:25 pm

@DiamondBA

Royal mail stamped the envelope in front of me for 5th April and also gave me a receipt and tracking number dated 5th April. I think it does't matter what time of the date, all it matters is date of stamp as clearly mentioned in the guidance. Anywayz I posted around 4:20pm.

UKBA has even returned with my documents the envelope with stamp (05/04/13) on it which I used to send my application & documents in.


@ tahirnaveed:

thanks for the suggestion I'll send email to both email IDs . But will this make any difference?

If I call UKBA and explain to them the situation will this make any difference? If yes, can anyone please give me the appropriate number for this situation.

ahj
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Post by ahj » Thu Apr 18, 2013 5:43 pm

just found some more information on UKBA website, so thought to share with you all:

"If you send your application form and application fee by post, the date of application is the date of posting. This is decided by the postmark. If the postmark is illegible or missing, the date of postage is taken as being at least 1 day before it is received by us".

UKBALoveStory
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Afghanistan

Re: .

Post by UKBALoveStory » Thu Apr 18, 2013 6:32 pm

ahj wrote:@DiamondBA

Royal mail stamped the envelope in front of me for 5th April and also gave me a receipt and tracking number dated 5th April. I think it does't matter what time of the date, all it matters is date of stamp as clearly mentioned in the guidance. Anywayz I posted around 4:20pm.

UKBA has even returned with my documents the envelope with stamp (05/04/13) on it which I used to send my application & documents in.


@ tahirnaveed:

thanks for the suggestion I'll send email to both email IDs . But will this make any difference?

If I call UKBA and explain to them the situation will this make any difference? If yes, can anyone please give me the appropriate number for this situation.
I will not call them as calls does not have any records. Send them an email and keep records of your emails. You might need these in future

mnaeem126
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Post by mnaeem126 » Thu Apr 18, 2013 9:23 pm

It does not matter even you post application after 5pm because many post office remain opened till 11pm which are having shops with them. I posted mine on 5th April @1830hours.

2nd thing is case workers keep copy of the stamped envelop or just stamp in their record in case if they refuse the case they have to show copy of posting with appeal forms to the appellant..

The best thing is you can phone them and send them mail at the same time and even to the complains department as well. Say them to get the application back and process it in the same fee or other wise say them to send you the appeal forms and go for the appeal. I am very confident you would win it against them when judge would know that it is mistake by UKBA and on his decision UKBA would process in the same fee.
If you are alone then 45 is extra, pay it and get the things in rights way but if with dependants then contacting them would be the best option.

Regards,

shahmir
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Location: North West

Post by shahmir » Fri Apr 19, 2013 2:29 am

After I got my approval letter on 05/04/2013 at a PEO, I posted three dependants' applications at around 1330 hrs and included the approval letter along with. I sent it through special delivery and told post office staff that the package carries three applications to Home Office and fee is £561 today and will be £1545 tomorrow for each application and that HO will check posting date which should be clear. In case it is not clear and late and returned, I will have to pay £4635 instead of £1683 which means extra £2952. He, very kindly, went in the back office and returned with a package showing date on it. He told my package will have similar thing date etc. I have sent parcels through special delivery but never noticed any date etc but having an extra £2952 in my mind I was more vigilant than ever. I told him to go ahead and later he showed my own package with 5th April date and thankfully gave me receipt etc. Later found it has been delivered on 8th April.

Since then I didn't hear from HO nor my account has been debited. But because I paid by cheque, and due to large number of applications in early April, I am expecting fee deduction in next three days and 100% confident that everything will go smoothly.

I will update regarding fee deduction as we have exactly same postage and delivery dates. Also see this:
http://www.immigrationboards.com/viewto ... c&start=20
On the above link, you will find at least two persons whom applications delivered on 8th April with old fee and accepted.

I think you should not appeal straightaway. Also email will delay the matter. You don't need any evidence through email. Actual evidence is the envelope with postage which has also been returned to you. If they are not helpful on phone, you can email next minute. Scan your envelope with clear date on it if HO wants you to send them this envelope as an evidence.
lets get together for migrants' rights

kamran.kiani
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Post by kamran.kiani » Fri Apr 19, 2013 9:06 am

My application was sent on 5th of April at 0300pm(postage receipt retained) and received by HO @7am on Monday 8th of April.
I received all my documents back yesterday @0620pm in Recorded Delivery saying that I didn't pay the right fee and didn't fill the right application form.
My visa is expiring today 19th of April so sending all documents back with new application form.

Can anyone tell me is that OK to post the application today as it is also expiring today?

Secondly was there any new form on 5th of April with New fee structure? As far as I know I did everything right at my end.

Your help will be appreciated.

Thanks,

kamran.kiani
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Post by kamran.kiani » Fri Apr 19, 2013 9:07 am

forgot to mention case worker sent me original envelope back as well which clearly shows the stamp of SD sent on 5th of April.

kamran.kiani wrote:My application was sent on 5th of April at 0300pm(postage receipt retained) and received by HO @7am on Monday 8th of April.
I received all my documents back yesterday @0620pm in Recorded Delivery saying that I didn't pay the right fee and didn't fill the right application form.
My visa is expiring today 19th of April so sending all documents back with new application form.

Can anyone tell me is that OK to post the application today as it is also expiring today?

Secondly was there any new form on 5th of April with New fee structure? As far as I know I did everything right at my end.

Your help will be appreciated.

Thanks,

kyborg99
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Re: Application Returned as Invalid

Post by kyborg99 » Fri Apr 19, 2013 10:50 am

kamran.kiani
AHJ

Mine returned too for same reason

When does your Visa expires please?

As mine expires end of April next year - could it be that please?

shahmir
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Location: North West

Post by shahmir » Fri Apr 19, 2013 11:31 am

Quite worrying. New forms were available only from 6th. No new fee structure ever found on old ones.

Fee changes almost every year. People who had similar experience in last few years should come forward and explain how did they deal with it and what were the outcomes.
lets get together for migrants' rights

deepktm
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Post by deepktm » Fri Apr 19, 2013 4:29 pm

Applied: 5 April 5:58pm
Delivered: 8 April 7am
Visa expiry: 21 April 2013

Payment mode: Provided both Visa Debit and Cheque (two cheque £1500 + £750 for 1 dependent)

Status: I checked my bank account, two of my cheques are pending for payment, which means UKBA accepted my application for old fee. Phew!
Last edited by deepktm on Sat Apr 20, 2013 8:27 am, edited 1 time in total.

kamran.kiani
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Post by kamran.kiani » Fri Apr 19, 2013 5:43 pm

Mine was expiring today. Send the application back with all docs with new fee and form. Had no time to argue.
I sent all docs back and statements dated 02nd april so hope thats not an issue as those were not more than 28 days old.

Do you think itd going to be problem again as my visa was expiring on 19th and I applied today thats 19th?

I sent a cover letter too though explaining the mistake they made and the stress I received.

Thanks in advance.

kamran.kiani
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Post by kamran.kiani » Fri Apr 19, 2013 5:46 pm

deepktm

You are lucky dude. Good luck!

shahmir
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Post by shahmir » Fri Apr 19, 2013 10:39 pm

Applied on 5th April by post, delivered on 8th, old fee, three dependants, three separate cheques.
Just checked online bank account, all cheques have now been presented by UKBA and waiting to clear on 22nd. Thanks God. Now next task is approval of these applications. I hope good.
lets get together for migrants' rights

deepktm
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Post by deepktm » Sat Apr 20, 2013 8:18 am

kamran.kiani
I do feel lucky! I didn't have chance to reapply before expiry otherwise, I wouldn't have received the documents back.
I think you will be fine this time. The date and time should be ok, as we can post until the last day. May be the case workers will have lesser work load by then and deal with it correctly.

shahmir
Thats a good news!

Looks like cheques are going through.
Regarding the increasing fee, I think it is getting ridiculous high. I feel for those who have many dependents.

Thanks everyone for sharing your situation. Good luck.

ahj
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Post by ahj » Sat Apr 20, 2013 11:42 am

@kyborg99
my current visa expiring in June 2013.

Thank you all for suggestions and sharing your experiences.

I called UKBA customer services and explained to them the whole situation and asked if I can be transferred to the relevant department but as usual they couldn't do that. But anyhow I was at first given advise by the customer services adviser to re send new application with new fees and then make a compliant about previous application, but I was not convinced as I did make my application in time when old fees were in place, then a senior member of the team took over the call and advised me to resend my returned application and documents with a covering letter explaining the whole situation to the team who returned the application as invalid with the packet (stamp 5th April on it). Now I have a few questions:

1-There is no address of the team who returned my application on the letter they send along. But there is an address at the back of the envelope they sent my app and docs in. And that address is different from the address on app form (Durrham). Shall I be re-sending the app & docs to an address different then Durrham?

2-Does it worth doing all these efforts? will UKBA except explaination?

3- or shall I just digest their mistake and send a new app with new fees?


I have also sent an email to the complaints but not received any response yet.

Again folks your suggestions are much appreciated.

ahj
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Post by ahj » Sat Apr 20, 2013 11:44 am

Anyone who has already experienced all this situation in the past, please come forward and share your experience as it will help everyone on this forum.

shahmir
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Location: North West

Post by shahmir » Sat Apr 20, 2013 1:08 pm

You would probably need an extra extension if you are applying early which could cost you even more than what you are saving now by applying on or before 5th April. Remember now applications not taking several months. Recently someone applied by post and got result in three weeks. Your date of decision could be 11/12 May which is alright if your current leave is until 6/7 June. So you will get extension from 11 May 2013 to 11 May 2016 and hence you can apply for ILR on 10/11 May 2016 if you qualify on 6/7 June.

If you have no absences previously or have absences which you believe will be disregarded, then you must consider all dates carefully (including first UK entry date if you applied from outside UK for initial leave). However, if you still feel this is the right time to apply, send back application to Durham address with cover letter on top explaining everything including phone conversation. Don't waste money if your dates are fine. Keep a duplicate record of everything. Paying by cheque is also better in some situations because it delays decision up to an extra 4/5 days.

Remember that date of postage (not courier) is the date of application no matter if even it is delivered on 10th April. However, if date of postage is not clear on the package, and also it is delivered late e.g. 10th April, the date of application then will be 9th April (previous working day).
lets get together for migrants' rights

ahj
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Post by ahj » Mon Apr 22, 2013 1:02 pm

Anyone else received application as invalid due to wrong fees?

@shahmir

thanks for your reply.

vinny
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Post by vinny » Mon Apr 22, 2013 1:05 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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