SET(M) returned as invalid and now 2 yr spouse visa expired

[cianna]

I have searched high and low for an answer to this question but cannot find oneor am looking in the wrong place.

My husband submitted his ILR application which was received by the BA just before his two year spousal visa expired. It was returned as invalid as the fee was incorrect. The application form had been date stamped and a bar code sticker attached. We had downloaded the form and fee information but were unaware that the fee changed in April as this was not obvious on the website. We duly resent the application with the correct fee which reached the Border Agency three days after the day we received it back.

The BA acknowledged this as a valid application and the cheque was cashed. They are now processing his application. We are now extremely worried that because the application was returned and the new fee re-sent but obviously now arriving just after the deadline of his visa expiration, he will not be permitted to work. I know that if an application is made BEFORE visa expiry then the applicant can continue to work. His current employers have offered him a permanent job but they will be contacting the BA to check he can legally work here. He has been looking for permanent work for two years and now has this job offer which may well now be in jepardy

Can someone please advise?

[Emrah]

I have searched high and low for an answer to this question but cannot find oneor am looking in the wrong place.

My husband submitted his ILR application which was received by the BA just before his two year spousal visa expired. It was returned as invalid as the fee was incorrect. The application form had been date stamped and a bar code sticker attached. We had downloaded the form and fee information but were unaware that the fee changed in April as this was not obvious on the website. We duly resent the application with the correct fee which reached the Border Agency three days after the day we received it back.

The BA acknowledged this as a valid application and the cheque was cashed. They are now processing his application. We are now extremely worried that because the application was returned and the new fee re-sent but obviously now arriving just after the deadline of his visa expiration, he will not be permitted to work. I know that if an application is made BEFORE visa expiry then the applicant can continue to work. His current employers have offered him a permanent job but they will be contacting the BA to check he can legally work here. He has been looking for permanent work for two years and now has this job offer which may well now be in jepardy

Can someone please advise?

I don't think it will affect his job.

Cos you have sent the first application before the visa runner out and there was a mistake which can be happened and you resent it with right fee so should be fine.

[Amber]

I have searched high and low for an answer to this question but cannot find oneor am looking in the wrong place.

My husband submitted his ILR application which was received by the BA just before his two year spousal visa expired. It was returned as invalid as the fee was incorrect. The application form had been date stamped and a bar code sticker attached. We had downloaded the form and fee information but were unaware that the fee changed in April as this was not obvious on the website. We duly resent the application with the correct fee which reached the Border Agency three days after the day we received it back.

The BA acknowledged this as a valid application and the cheque was cashed. They are now processing his application. We are now extremely worried that because the application was returned and the new fee re-sent but obviously now arriving just after the deadline of his visa expiration, he will not be permitted to work. I know that if an application is made BEFORE visa expiry then the applicant can continue to work. His current employers have offered him a permanent job but they will be contacting the BA to check he can legally work here. He has been looking for permanent work for two years and now has this job offer which may well now be in jepardy

Can someone please advise?

As the application was made within 28 days after the expiry of the visa (I'm assuming it was) you're fine,

[vinny]

Unfortunately, overstayers cannot work.

However, the SET(M) application may be okay.

[cianna]

Many thanks to those who took the trouble to respond. Your help is appreciated

[Amber]

Sorry, I thought I read you were going for a same day peo appointment which would have been fine for set(m) and allowed ILR straight away. If you've applied by post you can wait 6+ months during which time he won't be able to work. When exactly did his old leave expire?

[cianna]

Sorry, I thought I read you were going for a same day peo appointment which would have been fine for set(m) and allowed ILR straight away. If you've applied by post you can wait 6+ months during which time he won't be able to work. When exactly did his old leave expire?

His two year spouse visa expired on April 18th. The application was received by the BA before this date. Because the fee was £60 short they sent the whole thing back as invalid. It seems ridiculous they spent nearly £9 sending it back when they could have simply picked up the phone and taken a debit card payment for the short fall. We then sent it all back which they received on April 23rd. I simply find it unbelievable that his first opportunity to work full time in a permanent position is now likely to be down the pan because of a £60 shortfall. Plus now you mention he will not be able to work until the application is processed. Just feel so fed up. This is going to have a serious impact on our financial situation as I have been the sole bread winner for almost two years.

[Emrah]

Sorry, I thought I read you were going for a same day peo appointment which would have been fine for set(m) and allowed ILR straight away. If you've applied by post you can wait 6+ months during which time he won't be able to work. When exactly did his old leave expire?

His two year spouse visa expired on April 18th. The application was received by the BA before this date. Because the fee was £60 short they sent the whole thing back as invalid. It seems ridiculous they spent nearly £9 sending it back when they could have simply picked up the phone and taken a debit card payment for the short fall. We then sent it all back which they received on April 23rd. I simply find it unbelievable that his first opportunity to work full time in a permanent position is now likely to be down the pan because of a £60 shortfall. Plus now you mention he will not be able to work until the application is processed. Just feel so fed up. This is going to have a serious impact on our financial situation as I have been the sole bread winner for almost two years.

dont be negative. let your partner work to do the checks hope you will be fine. I understand how hard to find a decent job for permanent nowadays. I wish you to best luck.

[Amber]

Sorry, I thought I read you were going for a same day peo appointment which would have been fine for set(m) and allowed ILR straight away. If you've applied by post you can wait 6+ months during which time he won't be able to work. When exactly did his old leave expire?

His two year spouse visa expired on April 18th. The application was received by the BA before this date. Because the fee was £60 short they sent the whole thing back as invalid. It seems ridiculous they spent nearly £9 sending it back when they could have simply picked up the phone and taken a debit card payment for the short fall. We then sent it all back which they received on April 23rd. I simply find it unbelievable that his first opportunity to work full time in a permanent position is now likely to be down the pan because of a £60 shortfall. Plus now you mention he will not be able to work until the application is processed. Just feel so fed up. This is going to have a serious impact on our financial situation as I have been the sole bread winner for almost two years.

Yes that's why a peo appointment for same day easy applications like set(m) are great, no stress or worry. The ukba may overlook the slight delay but if they don't your partner won't be able to work as companies are very strict now as they can be fined tens of thousands of pounds. I mean there was a possibility of getting a peo appointment after the first rejection and then you could have it all done. I think there was a solicitor advertising that they could have your postal application transferred to a same day appointment. Try calling some OISC registered advisor and see if they have any contacts in the ukba who could get this done. Might cost you £1000 but I think job wise it would be worth it.

[cianna]

Sorry, I thought I read you were going for a same day peo appointment which would have been fine for set(m) and allowed ILR straight away. If you've applied by post you can wait 6+ months during which time he won't be able to work. When exactly did his old leave expire?

His two year spouse visa expired on April 18th. The application was received by the BA before this date. Because the fee was £60 short they sent the whole thing back as invalid. It seems ridiculous they spent nearly £9 sending it back when they could have simply picked up the phone and taken a debit card payment for the short fall. We then sent it all back which they received on April 23rd. I simply find it unbelievable that his first opportunity to work full time in a permanent position is now likely to be down the pan because of a £60 shortfall. Plus now you mention he will not be able to work until the application is processed. Just feel so fed up. This is going to have a serious impact on our financial situation as I have been the sole bread winner for almost two years.

Yes that's why a peo appointment for same day easy applications like set(m) are great, no stress or worry. The ukba may overlook the slight delay but if they don't your partner won't be able to work as companies are very strict now as they can be fined tens of thousands of pounds. I mean there was a possibility of getting a peo appointment after the first rejection and then you could have it all done. I think there was a solicitor advertising that they could have your postal application transferred to a same day appointment. Try calling some OISC registered advisor and see if they have any contacts in the ukba who could get this done. Might cost you £1000 but I think job wise it would be worth it.

Thanks for you reply
I spoke to the BA to day who said that as the initial application arrived before the deadline and the new fee sent very quickly that he will be able to work. That said, I won't hold my breath as the place seems to be in general chaos with the left hand not knowing what the right hand is doing

[Amber]

Sorry, I thought I read you were going for a same day peo appointment which would have been fine for set(m) and allowed ILR straight away. If you've applied by post you can wait 6+ months during which time he won't be able to work. When exactly did his old leave expire?

His two year spouse visa expired on April 18th. The application was received by the BA before this date. Because the fee was £60 short they sent the whole thing back as invalid. It seems ridiculous they spent nearly £9 sending it back when they could have simply picked up the phone and taken a debit card payment for the short fall. We then sent it all back which they received on April 23rd. I simply find it unbelievable that his first opportunity to work full time in a permanent position is now likely to be down the pan because of a £60 shortfall. Plus now you mention he will not be able to work until the application is processed. Just feel so fed up. This is going to have a serious impact on our financial situation as I have been the sole bread winner for almost two years.

Yes that's why a peo appointment for same day easy applications like set(m) are great, no stress or worry. The ukba may overlook the slight delay but if they don't your partner won't be able to work as companies are very strict now as they can be fined tens of thousands of pounds. I mean there was a possibility of getting a peo appointment after the first rejection and then you could have it all done. I think there was a solicitor advertising that they could have your postal application transferred to a same day appointment. Try calling some OISC registered advisor and see if they have any contacts in the ukba who could get this done. Might cost you £1000 but I think job wise it would be worth it.

Thanks for you reply
I spoke to the BA to day who said that as the initial application arrived before the deadline and the new fee sent very quickly that he will be able to work. That said, I won't hold my breath as the place seems to be in general chaos with the left hand not knowing what the right hand is doing

Yes in all fairness he should be able to work. However, who you speak to on the phone is not the people who deal with enquiries from employers that's the ukba right to work department you can contact them on Phone: 0300 123 4699. Don't know what info they'll be able to give but you can always ask for question.