My FLR(M) and potentially ILR is messed up-pls pls help

[ironlady]

Dear member’s please advise what to do as I am extremely worried and need some urgent advice.My background as follows:
*Came to UK as student dependent on 06 June 2003
*Switch to Tier 1 Dependent on April 2010
*Visa was valid until on 13/04/2013
*Applied FLR (M) including 2 children born in UK on 12/04/2013 while my husband’s ILR-Long Residence application was with home office as our visas were expiring on 13/04/13.
*HSBC bank did error and did not clear the cheque (visa fees) on 24/04/13
*Received a letter from HSBC- on 25/04/13 advising chq was not honoured
* called bank and had been sent an acknowledgement letter that they have done a mistake
*saw a solicitor on what to do and solicitor advised to send a cheque from my husband’s account along with a fresh FLR(M) with a cover letter explaining the situation and requesting UKBA to link the payment with the first FLR(M) submitted on 11/04/13
* sent second FLR (M), cover letter and second cheque as advised to home office on 01/05/13 while the passports and other documents with home office
* On 02/04/13 Home office returned the FLR(M) submitted on 11/04/13 with all passports and supporting documents and said its invalid and reapply. However did not say within how many days. Letter issued by UKBA dated 29/04/13
*My husband received ILR on 27/04/2013 and received Biometric Card and Passports on 02/04/13 and 03/04/13 by post respectively

Now I have a cheque and an FLR(M) with home office without any passports and supporting documents.
Please note I will qualify ILR as I will complete 10 year on 04/06/2013.
Please advise what I should do at this moment to ensure both FLR(m) and later ILR
a) Shall I submit a fresh FLR (M) including all documents and passports immediately as since my visa expiry on 13/04/13 if I am considered as over stayer , I must apply within 28 days which is by 11/05/13. (however I am not sure from which day UKBA counts overstaying period –whether from the expiry of visa or from the day letter issued as application to be invalid incase of on time application)
b) If I take option a ) shall I exclude my children this time as my husband has got ILR now
c) What do you think home office will do with the cheque and application without passports and supporting documents. If they take the fees from the cheque and refuse/invalidate application will the fees be refunded. Is there any possibility home office will cash the cheque with my existing application and reject and never refund the money.
d) By which days I should apply by submitting a fresh FLR (M) so that my ILR is not affected. I understand now 28days overstaying is disregarded
e) Is overstaying calculated from the date of visa expiry or from the date home office issue letter on stating application being invalid?

I am under enormous distress and dont know what to do. Members please kindly give valuable advise on the best course of action to ensure both FLRM) and ILR success.

[Amber]

Dear member’s please advise what to do as I am extremely worried and need some urgent advice.My background as follows:
*Came to UK as student dependent on 06 June 2003
*Switch to Tier 1 Dependent on April 2010
*Visa was valid until on 13/04/2013
*Applied FLR (M) including 2 children born in UK on 12/04/2013 while my husband’s ILR-Long Residence application was with home office as our visas were expiring on 13/04/13.
*HSBC bank did error and did not clear the cheque (visa fees) on 24/04/13
*Received a letter from HSBC- on 25/04/13 advising chq was not honoured
* called bank and had been sent an acknowledgement letter that they have done a mistake
*saw a solicitor on what to do and solicitor advised to send a cheque from my husband’s account along with a fresh FLR(M) with a cover letter explaining the situation and requesting UKBA to link the payment with the first FLR(M) submitted on 11/04/13
* sent second FLR (M), cover letter and second cheque as advised to home office on 01/05/13 while the passports and other documents with home office
* On 02/04/13 Home office returned the FLR(M) submitted on 11/04/13 with all passports and supporting documents and said its invalid and reapply. However did not say within how many days. Letter issued by UKBA dated 29/04/13
*My husband received ILR on 27/04/2013 and received Biometric Card and Passports on 02/04/13 and 03/04/13 by post respectively

Now I have a cheque and an FLR(M) with home office without any passports and supporting documents.
Please note I will qualify ILR as I will complete 10 year on 04/06/2013.
Please advise what I should do at this moment to ensure both FLR(m) and later ILR
a) Shall I submit a fresh FLR (M) including all documents and passports immediately as since my visa expiry on 13/04/13 if I am considered as over stayer , I must apply within 28 days which is by 11/05/13. (however I am not sure from which day UKBA counts overstaying period –whether from the expiry of visa or from the day letter issued as application to be invalid incase of on time application)
b) If I take option a ) shall I exclude my children this time as my husband has got ILR now
c) What do you think home office will do with the cheque and application without passports and supporting documents. If they take the fees from the cheque and refuse/invalidate application will the fees be refunded. Is there any possibility home office will cash the cheque with my existing application and reject and never refund the money.
d) By which days I should apply by submitting a fresh FLR (M) so that my ILR is not affected. I understand now 28days overstaying is disregarded
e) Is overstaying calculated from the date of visa expiry or from the date home office issue letter on stating application being invalid?

I am under enormous distress and dont know what to do. Members please kindly give valuable advise on the best course of action to ensure both FLRM) and ILR success.

Did your solicitor not advise you what to do? Did you solicitor not advise you to do a peo same day appointment?

[onabil]

Dear member’s please advise what to do as I am extremely worried and need some urgent advice.My background as follows:
*Came to UK as student dependent on 06 June 2003
*Switch to Tier 1 Dependent on April 2010
*Visa was valid until on 13/04/2013
*Applied FLR (M) including 2 children born in UK on 12/04/2013 while my husband’s ILR-Long Residence application was with home office as our visas were expiring on 13/04/13.
*HSBC bank did error and did not clear the cheque (visa fees) on 24/04/13
*Received a letter from HSBC- on 25/04/13 advising chq was not honoured
* called bank and had been sent an acknowledgement letter that they have done a mistake
*saw a solicitor on what to do and solicitor advised to send a cheque from my husband’s account along with a fresh FLR(M) with a cover letter explaining the situation and requesting UKBA to link the payment with the first FLR(M) submitted on 11/04/13
* sent second FLR (M), cover letter and second cheque as advised to home office on 01/05/13 while the passports and other documents with home office
* On 02/04/13 Home office returned the FLR(M) submitted on 11/04/13 with all passports and supporting documents and said its invalid and reapply. However did not say within how many days. Letter issued by UKBA dated 29/04/13
*My husband received ILR on 27/04/2013 and received Biometric Card and Passports on 02/04/13 and 03/04/13 by post respectively

Now I have a cheque and an FLR(M) with home office without any passports and supporting documents.
Please note I will qualify ILR as I will complete 10 year on 04/06/2013.
Please advise what I should do at this moment to ensure both FLR(m) and later ILR
a) Shall I submit a fresh FLR (M) including all documents and passports immediately as since my visa expiry on 13/04/13 if I am considered as over stayer , I must apply within 28 days which is by 11/05/13. (however I am not sure from which day UKBA counts overstaying period –whether from the expiry of visa or from the day letter issued as application to be invalid incase of on time application)
b) If I take option a ) shall I exclude my children this time as my husband has got ILR now
c) What do you think home office will do with the cheque and application without passports and supporting documents. If they take the fees from the cheque and refuse/invalidate application will the fees be refunded. Is there any possibility home office will cash the cheque with my existing application and reject and never refund the money.
d) By which days I should apply by submitting a fresh FLR (M) so that my ILR is not affected. I understand now 28days overstaying is disregarded
e) Is overstaying calculated from the date of visa expiry or from the date home office issue letter on stating application being invalid?

I am under enormous distress and dont know what to do. Members please kindly give valuable advise on the best course of action to ensure both FLRM) and ILR success.

Did your solicitor not advise you what to do? Did you solicitor not advise you to do a peo same day appointment?

Nope he never did because i have submitted my application prior to my husbands ILR granted and the advise of sending fresh application along with a fresh checque turned out to be wrong and messed up the whole situation,otherwise i could have simply send the fresh application along with passports and other supportive document within my 28 days windows

[vinny]

e) See also 7.18.

[Amber]

Dear member’s please advise what to do as I am extremely worried and need some urgent advice.My background as follows:
*Came to UK as student dependent on 06 June 2003
*Switch to Tier 1 Dependent on April 2010
*Visa was valid until on 13/04/2013
*Applied FLR (M) including 2 children born in UK on 12/04/2013 while my husband’s ILR-Long Residence application was with home office as our visas were expiring on 13/04/13.
*HSBC bank did error and did not clear the cheque (visa fees) on 24/04/13
*Received a letter from HSBC- on 25/04/13 advising chq was not honoured
* called bank and had been sent an acknowledgement letter that they have done a mistake
*saw a solicitor on what to do and solicitor advised to send a cheque from my husband’s account along with a fresh FLR(M) with a cover letter explaining the situation and requesting UKBA to link the payment with the first FLR(M) submitted on 11/04/13
* sent second FLR (M), cover letter and second cheque as advised to home office on 01/05/13 while the passports and other documents with home office
* On 02/04/13 Home office returned the FLR(M) submitted on 11/04/13 with all passports and supporting documents and said its invalid and reapply. However did not say within how many days. Letter issued by UKBA dated 29/04/13
*My husband received ILR on 27/04/2013 and received Biometric Card and Passports on 02/04/13 and 03/04/13 by post respectively

Now I have a cheque and an FLR(M) with home office without any passports and supporting documents.
Please note I will qualify ILR as I will complete 10 year on 04/06/2013.
Please advise what I should do at this moment to ensure both FLR(m) and later ILR
a) Shall I submit a fresh FLR (M) including all documents and passports immediately as since my visa expiry on 13/04/13 if I am considered as over stayer , I must apply within 28 days which is by 11/05/13. (however I am not sure from which day UKBA counts overstaying period –whether from the expiry of visa or from the day letter issued as application to be invalid incase of on time application)
b) If I take option a ) shall I exclude my children this time as my husband has got ILR now
c) What do you think home office will do with the cheque and application without passports and supporting documents. If they take the fees from the cheque and refuse/invalidate application will the fees be refunded. Is there any possibility home office will cash the cheque with my existing application and reject and never refund the money.
d) By which days I should apply by submitting a fresh FLR (M) so that my ILR is not affected. I understand now 28days overstaying is disregarded
e) Is overstaying calculated from the date of visa expiry or from the date home office issue letter on stating application being invalid?

I am under enormous distress and dont know what to do. Members please kindly give valuable advise on the best course of action to ensure both FLRM) and ILR success.

Did your solicitor not advise you what to do? Did you solicitor not advise you to do a peo same day appointment?

Nope he never did because i have submitted my application prior to my husbands ILR granted and the advise of sending fresh application along with a fresh checque turned out to be wrong and messed up the whole situation,otherwise i could have simply send the fresh application along with passports and other supportive document within my 28 days windows

Well then I think it may be wise to send your documents with a new flr(m) form and cheque and put a clear bold cover letter stating that you have sent another application and for them to check the system to make sure they don't cash both cheques. And if they've opened a case with the other flr(m) to use the supporting documents provided and that if they have rejected the other one, again (explain the 1st was rejected), please use the new flr(m) and cheque. I would also ask for them to kindly telephone you, give number, to confirm that they understand this as you are very worried. Then hopefully your can talk to a worker and ensure they don't mess it up.

[ironlady]

Dear member’s please advise what to do as I am extremely worried and need some urgent advice.My background as follows:
*Came to UK as student dependent on 06 June 2003
*Switch to Tier 1 Dependent on April 2010
*Visa was valid until on 13/04/2013
*Applied FLR (M) including 2 children born in UK on 12/04/2013 while my husband’s ILR-Long Residence application was with home office as our visas were expiring on 13/04/13.
*HSBC bank did error and did not clear the cheque (visa fees) on 24/04/13
*Received a letter from HSBC- on 25/04/13 advising chq was not honoured
* called bank and had been sent an acknowledgement letter that they have done a mistake
*saw a solicitor on what to do and solicitor advised to send a cheque from my husband’s account along with a fresh FLR(M) with a cover letter explaining the situation and requesting UKBA to link the payment with the first FLR(M) submitted on 11/04/13
* sent second FLR (M), cover letter and second cheque as advised to home office on 01/05/13 while the passports and other documents with home office
* On 02/04/13 Home office returned the FLR(M) submitted on 11/04/13 with all passports and supporting documents and said its invalid and reapply. However did not say within how many days. Letter issued by UKBA dated 29/04/13
*My husband received ILR on 27/04/2013 and received Biometric Card and Passports on 02/04/13 and 03/04/13 by post respectively

Now I have a cheque and an FLR(M) with home office without any passports and supporting documents.
Please note I will qualify ILR as I will complete 10 year on 04/06/2013.
Please advise what I should do at this moment to ensure both FLR(m) and later ILR
a) Shall I submit a fresh FLR (M) including all documents and passports immediately as since my visa expiry on 13/04/13 if I am considered as over stayer , I must apply within 28 days which is by 11/05/13. (however I am not sure from which day UKBA counts overstaying period –whether from the expiry of visa or from the day letter issued as application to be invalid incase of on time application)
b) If I take option a ) shall I exclude my children this time as my husband has got ILR now
c) What do you think home office will do with the cheque and application without passports and supporting documents. If they take the fees from the cheque and refuse/invalidate application will the fees be refunded. Is there any possibility home office will cash the cheque with my existing application and reject and never refund the money.
d) By which days I should apply by submitting a fresh FLR (M) so that my ILR is not affected. I understand now 28days overstaying is disregarded
e) Is overstaying calculated from the date of visa expiry or from the date home office issue letter on stating application being invalid?

I am under enormous distress and dont know what to do. Members please kindly give valuable advise on the best course of action to ensure both FLRM) and ILR success.

Did your solicitor not advise you what to do? Did you solicitor not advise you to do a peo same day appointment?

Nope he never did because i have submitted my application prior to my husbands ILR granted and the advise of sending fresh application along with a fresh checque turned out to be wrong and messed up the whole situation,otherwise i could have simply send the fresh application along with passports and other supportive document within my 28 days windows

Well then I think it may be wise to send your documents with a new flr(m) form and cheque and put a clear bold cover letter stating that you have sent another application and for them to check the system to make sure they don't cash both cheques. And if they've opened a case with the other flr(m) to use the supporting documents provided and that if they have rejected the other one, again (explain the 1st was rejected), please use the new flr(m) and cheque. I would also ask for them to kindly telephone you, give number, to confirm that they understand this as you are very worried. Then hopefully your can talk to a worker and ensure they don't mess it up.

Thnx Amber for your kind advise.I just checked my account and they have cashed the cheque money.My worry is now whether they would refuse my application as its an incomplete application without passport and other supporting documents even though i have clearly mentioned the situation in the cover letter.Please help i'm in a quite limbo state.

[Amber]

Did your solicitor not advise you what to do? Did you solicitor not advise you to do a peo same day appointment?

Nope he never did because i have submitted my application prior to my husbands ILR granted and the advise of sending fresh application along with a fresh checque turned out to be wrong and messed up the whole situation,otherwise i could have simply send the fresh application along with passports and other supportive document within my 28 days windows

Well then I think it may be wise to send your documents with a new flr(m) form and cheque and put a clear bold cover letter stating that you have sent another application and for them to check the system to make sure they don't cash both cheques. And if they've opened a case with the other flr(m) to use the supporting documents provided and that if they have rejected the other one, again (explain the 1st was rejected), please use the new flr(m) and cheque. I would also ask for them to kindly telephone you, give number, to confirm that they understand this as you are very worried. Then hopefully your can talk to a worker and ensure they don't mess it up.

Thnx Amber for your kind advise.I just checked my account and they have cashed the cheque money.My worry is now whether they would refuse my application as its an incomplete application without passport and other supporting documents even though i have clearly mentioned the situation in the cover letter.Please help i'm in a quite limbo state.

If you've clearly explained the situation get the documents sent in via discuss delivery with a covering letter. It would be an idea to get the documents copied by a solicitor so that you have certified copies.

[ironlady]

Nope he never did because i have submitted my application prior to my husbands ILR granted and the advise of sending fresh application along with a fresh checque turned out to be wrong and messed up the whole situation,otherwise i could have simply send the fresh application along with passports and other supportive document within my 28 days windows

Well then I think it may be wise to send your documents with a new flr(m) form and cheque and put a clear bold cover letter stating that you have sent another application and for them to check the system to make sure they don't cash both cheques. And if they've opened a case with the other flr(m) to use the supporting documents provided and that if they have rejected the other one, again (explain the 1st was rejected), please use the new flr(m) and cheque. I would also ask for them to kindly telephone you, give number, to confirm that they understand this as you are very worried. Then hopefully your can talk to a worker and ensure they don't mess it up.

Thnx Amber for your kind advise.I just checked my account and they have cashed the cheque money.My worry is now whether they would refuse my application as its an incomplete application without passport and other supporting documents even though i have clearly mentioned the situation in the cover letter.Please help i'm in a quite limbo state.

If you've clearly explained the situation get the documents sent in via discuss delivery with a covering letter. It would be an idea to get the documents copied by a solicitor so that you have certified copies.

Hi everyone It's been 4 weeks I have posted about my situation.Guess what only in three weeks time i received my FLR(M) without any fuss. I'm so happy and I'm sure i could give some hopes and peace mind to them, who are on the same boat as me.Good luck to everyone who are still awaiting for their visa to be granted.And wish me luck as I'm going to same day PEO service to get my ILR via SET(M)..finger crossed!! A massive thanks to Amber for the advices time to time!