application fee declined 2nd application after visa expired

[kashifmania]

Hi,

I applied for Tier 1 visa before the visa expiry date but the application was returned because the bank didn't process the payment. The 2nd application was made within 28 days of visa expiry date.

My employer has dismissed me and my employment will be terminated if I do not show them that I have the right to work within 48hrs. ending on 26/09/2013.

Please could somebody guide/advice me what to do?????

According to my employer when they did the ECS they were given the information that my valid application (2nd application as the 1st was declined due to non payment of fees) was received after my visa had expired and thus I do not have the right to work as I have over stayed....

Can I challenge this? Please advice me

[vinny]

See also Invalid application due to payment problems?

[santosh_mahaveer]

Same case here. Reapplied after 28 days of visa expiry as ukba didnt process my debit card payment for the intime application. I contacted my bank and talk to their senior management write me a letter saying that the funds were there and no attempt from ukba was made to debit my account. also sent the copy of the payment page of the original application, showing that we had put down the correct card details.

After a long wait received rejection with no right to appeal as the application was submitted after 28 days. UKBA is having a laugh!! I am taking them to the court, I think they have employed morons as case workers.

UKBA just converted a law abiding, tax paying person into an illegal overstayer!!

[santosh_mahaveer]

timeline of events

psw expiry 9th feb 2013

applied for tier 1 enterprenuer along with dependent 8th feb 2013 (first application)

acknowledgement recieved 10 days later

whole application sent back to us due to payment issue 29 march 2013

rules changed on april 6 (increase in fees, change in the application form and policy guidance)

reapplied with the new form and fees 23 april 2013 (second application this time with bank drafts instead of debit card details )

acknowledgement received in about 2 weeks.

Biometric invitation received end of may

biometrics given 1st june 2013

additional documents sent 5th aug 2013 (letter from barclays that the money was there and no attempt from ukba was made, and the copy of the payment page of the first application showing we filled the correct debit card details)

rejection received on as application considered invalid as the second one was submitted 28 days after visa expired. 13th sept 2013. no right of appeal and passports withheld with immigration control.

Senior members please shed some light on my situation.

[famous]

Santosh, my question wud be why did u apply right at the end of ur visa? why not play it safe and apply atleast one month before visa expired? its mroe sensible to leave margin of error and avoid this hassle. half of the problems ppl at this forum create for themselves. u dig a hole and fall in the ditch urself and then whine.

[urfipk]

Hi,

I applied for Tier 1 visa before the visa expiry date but the application was returned because the bank didn't process the payment. The 2nd application was made within 28 days of visa expiry date.

My employer has dismissed me and my employment will be terminated if I do not show them that I have the right to work within 48hrs. ending on 26/09/2013.

Please could somebody guide/advice me what to do?????

According to my employer when they did the ECS they were given the information that my valid application (2nd application as the 1st was declined due to non payment of fees) was received after my visa had expired and thus I do not have the right to work as I have over stayed....

Can I challenge this? Please advice me

When you apply and have you got ur decision?

[Olasunkanmi]

timeline of events

psw expiry 9th feb 2013

applied for tier 1 enterprenuer along with dependent 8th feb 2013 (first application)

acknowledgement recieved 10 days later

whole application sent back to us due to payment issue 29 march 2013

rules changed on april 6 (increase in fees, change in the application form and policy guidance)

reapplied with the new form and fees 23 april 2013 (second application this time with bank drafts instead of debit card details )

acknowledgement received in about 2 weeks.

Biometric invitation received end of may

biometrics given 1st june 2013

additional documents sent 5th aug 2013 (letter from barclays that the money was there and no attempt from ukba was made, and the copy of the payment page of the first application showing we filled the correct debit card details)

rejection received on as application considered invalid as the second one was submitted 28 days after visa expired. 13th sept 2013. no right of appeal and passports withheld with immigration control.

Senior members please shed some light on my situation.

You have the alternative to apply for judicial review and the onus is now on you to prove that UKBA fail to make any attempt to take payment from your account when you first applied.

You should get a written letter from your bank to support your claim and you are most likely to get your case reconsider if the proof is undeniable by UKBA.

You should not loose hope and bear in mind that UKBA are use to making mistakes on people application and you should not be made to suffer from their mistake.

[urfipk]

Same thing happened to me . I have reapplied with a cover letter explaining the whole situtaion . They have refused my visa but with some other reasons and give me right of appeal as well. They wrote me in refusal letter that if I appeal my previous leave to remain will be extended with same terms and conditions becoz of section 3c.
but they wrote to SIA that I dont have right to work. I did not understand
Their decision. If I dont have right to work then y they mention in notice of decision that if u appeal then ur previous leave to remain will be extended?

[Olasunkanmi]

Same thing happened to me . I have reapplied with a cover letter explaining the whole situtaion . They have refused my visa but with some other reasons and give me right of appeal as well. They wrote me in refusal letter that if I appeal my previous leave to remain will be extended with same terms and conditions becoz of section 3c.
but they wrote to SIA that I dont have right to work. I did not understand
Their decision. If I dont have right to work then y they mention in notice of decision that if u appeal then ur previous leave to remain will be extended?

Letter to SIA is likely to have been written when they refuse your first application and its usually very difficult to deal with SIA in such circumstances because of the bureaucracy involved.

You should lodge your appeal, then once you get an appeal date, you can then send a detailed letter with your appeal hearing date to SIA and also copy of UKBA letter extending your leave under section 3C.

SIA are very likely to listen to you and its worth trying as you don't have anything to loose.

[Olasunkanmi]

Same thing happened to me . I have reapplied with a cover letter explaining the whole situtaion . They have refused my visa but with some other reasons and give me right of appeal as well. They wrote me in refusal letter that if I appeal my previous leave to remain will be extended with same terms and conditions becoz of section 3c.
but they wrote to SIA that I dont have right to work. I did not understand
Their decision. If I dont have right to work then y they mention in notice of decision that if u appeal then ur previous leave to remain will be extended?

Did you apply for reconsideration of your first application or you made a fresh application?

[urfipk]

Same thing happened to me . I have reapplied with a cover letter explaining the whole situtaion . They have refused my visa but with some other reasons and give me right of appeal as well. They wrote me in refusal letter that if I appeal my previous leave to remain will be extended with same terms and conditions becoz of section 3c.Zbut they wrote to SIA that I dont have right to work. I did not understand
Their decision. If I dont have right to work then y they mention in notice of decision that if u appeal then ur previous leave to remain will be extended?

Did you apply for reconsideration of your first application or you made a fresh application?

They send my all documents back with my application and I have send them my application with new fee and write them to consider my application in a date when I applied first time

[vinny]

timeline of events

psw expiry 9th feb 2013

applied for tier 1 enterprenuer along with dependent 8th feb 2013 (first application)

acknowledgement recieved 10 days later

whole application sent back to us due to payment issue 29 march 2013

rules changed on april 6 (increase in fees, change in the application form and policy guidance)

reapplied with the new form and fees 23 april 2013 (second application this time with bank drafts instead of debit card details )

acknowledgement received in about 2 weeks.

Biometric invitation received end of may

biometrics given 1st june 2013

additional documents sent 5th aug 2013 (letter from barclays that the money was there and no attempt from ukba was made, and the copy of the payment page of the first application showing we filled the correct debit card details)

rejection received on as application considered invalid as the second one was submitted 28 days after visa expired. 13th sept 2013. no right of appeal and passports withheld with immigration control.

Senior members please shed some light on my situation.

Start of the 28 days was when the initial in-time application was (perhaps incorrectly) declared invalid.

[kashifmania]

thanks for your advice and comments. Im still waiting for the decision...

could somebody please advice me what is my status as I applied within 28days of my visa expiration? Mostly people commented on my post applied after 28days of visa expiration thus I believe 3C didnt apply on them and in some instances they were not given the right to appeal too.

Thanks

[kashifmania]

Hi,

I applied for Tier 1 visa before the visa expiry date but the application was returned because the bank didn't process the payment. The 2nd application was made within 28 days of visa expiry date.

My employer has dismissed me and my employment will be terminated if I do not show them that I have the right to work within 48hrs. ending on 26/09/2013.

Please could somebody guide/advice me what to do?????

According to my employer when they did the ECS they were given the information that my valid application (2nd application as the 1st was declined due to non payment of fees) was received after my visa had expired and thus I do not have the right to work as I have over stayed....

Can I challenge this? Please advice me

When you apply and have you got ur decision?

applied on 17/05/2013 visa expired on 19/05/2013. application returned on 30/05/2013 and 2nd application made on 04/06/2013

[vinny]

thanks for your advice and comments. Im still waiting for the decision...

could somebody please advice me what is my status as I applied within 28days of my visa expiration? Mostly people commented on my post applied after 28days of visa expiration thus I believe 3C didnt apply on them and in some instances they were not given the right to appeal too.

Thanks

Overstayer. No Section 3C/3D. No right of appeal. No right to work. Plus possible re-entry ban, subject to concession.

[kashifmania]

thanks for your advice and comments. Im still waiting for the decision...

could somebody please advice me what is my status as I applied within 28days of my visa expiration? Mostly people commented on my post applied after 28days of visa expiration thus I believe 3C didnt apply on them and in some instances they were not given the right to appeal too.

Thanks

Overstayer. No Section 3C. No right of appeal. No right to work.

Thanks vinny! what do you advice me to do? what should be my course of action?

[Olasunkanmi]

thanks for your advice and comments. Im still waiting for the decision...

could somebody please advice me what is my status as I applied within 28days of my visa expiration? Mostly people commented on my post applied after 28days of visa expiration thus I believe 3C didnt apply on them and in some instances they were not given the right to appeal too.

Thanks

Overstayer. No Section 3C. No right of appeal. No right to work.

Thanks vinny! what do you advice me to do? what should be my course of action?

You stated that your first application was returned without payment been taken, do you have proof that UKBA didn't make attempt to take payment or was it your mistake?

[LEGAL SOLUTION]

in accordance with the rules set by basnet case, you have a valid application and have right to work under sec3 of the immigration rules

[vinny]

Yes. They have to prove that your initial in-time application was invalid.

[kashifmania]

in accordance with the rules set by basnet case, you have a valid application and have right to work under sec3 of the immigration rules

Hi legal solution, How can I prove this? I gave my solicitor letter stating this along with the basnet case but when HO was contact by my employer they are saying the same thing.... NOT ALLOWED TO WORK

[kashifmania]

Yes. They have to prove that your initial in-time application was invalid.

Hi Vinny, by invalid application do you mean the fee part or the documentation part of the application? and what if there was a mistake in giving the card number from my side?

[Lola22]

Santosh, my question wud be why did u apply right at the end of ur visa? why not play it safe and apply atleast one month before visa expired? its mroe sensible to leave margin of error and avoid this hassle. half of the problems ppl at this forum create for themselves. u dig a hole and fall in the ditch urself and then whine.

@ Famous.

Famous, how can you make a statement like that?
What type of judge would you be?

Am sure they all want to play safe if they have the opportunity to do so. Nobody will pray to have UKBA problem. True, that most of the problems are caused by simple or common mistake but most of it is due to ignorance or inaccurate information. They have acknowledged that they have made a mistake and they need your help.

If you can help, help. Don't make them feel more miserable.

[kashifmania]

Santosh, my question wud be why did u apply right at the end of ur visa? why not play it safe and apply atleast one month before visa expired? its mroe sensible to leave margin of error and avoid this hassle. half of the problems ppl at this forum create for themselves. u dig a hole and fall in the ditch urself and then whine.

@ Famous.

Famous, how can you make a statement like that?
What type of judge would you be?

Am sure they all want to play safe if they have the opportunity to do so. Nobody will pray to have UKBA problem. True, that most of the problems are caused by simple or common mistake but most of it is due to ignorance or inaccurate information. They have acknowledged that they have made a mistake and they need your help.

If you can help, help. Don't make them feel more miserable.

thanks! what do you suggest what can I do? my employment is almost terminated and HO is not co-operating at all. same old story....

[kashifmania]

timeline of events

psw expiry 9th feb 2013

applied for tier 1 enterprenuer along with dependent 8th feb 2013 (first application)

acknowledgement recieved 10 days later

whole application sent back to us due to payment issue 29 march 2013

rules changed on april 6 (increase in fees, change in the application form and policy guidance)

reapplied with the new form and fees 23 april 2013 (second application this time with bank drafts instead of debit card details )

acknowledgement received in about 2 weeks.

Biometric invitation received end of may

biometrics given 1st june 2013

additional documents sent 5th aug 2013 (letter from barclays that the money was there and no attempt from ukba was made, and the copy of the payment page of the first application showing we filled the correct debit card details)

rejection received on as application considered invalid as the second one was submitted 28 days after visa expired. 13th sept 2013. no right of appeal and passports withheld with immigration control.

Senior members please shed some light on my situation.

any update from you santosh? what have you done for your case?

[vinny]

Yes. They have to prove that your initial in-time application was invalid.

Hi Vinny, by invalid application do you mean the fee part or the documentation part of the application? and what if there was a mistake in giving the card number from my side?

Yes. However, if it was your error on your side, then they were correct in declaring the application as invalid.