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FLR (Spouse visa) rejected as invalid

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Anon2016
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FLR (Spouse visa) rejected as invalid

Post by Anon2016 » Wed Jun 15, 2016 10:22 pm

Hi,

My husband got a letter back today saying rejected as invalid - reasons were various including incorrectly filling form.

What does rejected as invalid mean? Does his 28 days grace start from the day of his visa expiry or of this letter?

He has made appt to make new application as he thinks 28days start from today but I fear that may not be the case as it says invalid. In which case he would become and overstayer over the 28days. The letter isnt very clear.

Many thanks.

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ILR1980
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Re: FLR (Spouse visa) rejected as invalid

Post by ILR1980 » Wed Jun 15, 2016 10:46 pm

You husband applied before his leave to remain expired? Is his leave to remain still valid or expired? what errors you made in filling the form? did you paid the fees? did they asked you to make fresh application ?
Please clarify the situation before anyone can give you some suggestions

Anon2016
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Re: FLR (Spouse visa) rejected as invalid

Post by Anon2016 » Wed Jun 15, 2016 10:51 pm

ILR1980 wrote:You husband applied before his leave to remain expired? Is his leave to remain still valid or expired? what errors you made in filling the form? did you paid the fees? did they asked you to make fresh application ?
Please clarify the situation before anyone can give you some suggestions
Yes he applied just before it expired so was intime. He missed a page on the form, he didn't pay the health surcharge but paid the main fee. He also lost his passport prior to his application so wasn't able to provide his passport.

They said they wrote to him but he never recieved the initial letter notifying him of the errors. Now they sent a letter with returned documents saying rejected as invalid.

We just want to know when does the 28 days start from? Today's date or the date of visa expiry?

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ILR1980
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Re: FLR (Spouse visa) rejected as invalid

Post by ILR1980 » Wed Jun 15, 2016 11:09 pm

Section 3C of the Immigration Act 1971 states that where an application for further leave to remain is made in time (i.e. before their last grant of leave expires) then that persons leave will be treated as continuing until a) the Home Office make a decision on the application or b) all avenues of appeal have been exhausted

Where a person make an out of time application within the 28 day grace period then they will not benefit from Section 3C leave and these 28 days start from your visa expiry date. People can correct me if i am wrong

UKVI treats Invalid applications as apllications never been made

Anon2016
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Re: FLR (Spouse visa) rejected as invalid

Post by Anon2016 » Wed Jun 15, 2016 11:15 pm

ILR1980 wrote:Section 3C of the Immigration Act 1971 states that where an application for further leave to remain is made in time (i.e. before their last grant of leave expires) then that persons leave will be treated as continuing until a) the Home Office make a decision on the application or b) all avenues of appeal have been exhausted

Where a person make an out of time application within the 28 day grace period then they will not benefit from Section 3C leave and these 28 days start from your visa expiry date. People can correct me if i am wrong
Thank you for your reply ILR1980.

I found two documents from government websites which state two diff things.

https://www.gov.uk/government/uploads/s ... _clean.pdf

This one say on page 7 that rejected as invalid counts from day of letter.

Yet this document on page 8 says what you have essentially said.

https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

Very confused right now.

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ILR1980
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Re: FLR (Spouse visa) rejected as invalid

Post by ILR1980 » Wed Jun 15, 2016 11:21 pm

Anon2016 wrote:
Thank you for your reply ILR1980.

I found two documents from government websites which state two diff things.

https://www.gov.uk/government/uploads/s ... _clean.pdf

This one say on page 7 that rejected as invalid counts from day of letter.

Yet this document on page 8 says what you have essentially said.

https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

Very confused right now.
First document is Applications from overstayers (non family routes)
The routes it covers are:
 all work and study, including the points-based system
 visitors
 long residency
 UK ancestry, and
 most discharged Her Majesty’s (HM) forces.

it say same thing

Any applicant who is applying for leave to remain must not have remained in the UK for
longer than 28 calendar days after the expiry of their original grant of leave, on the date of
their application. Remaining in the UK after leave has expired is commonly known as
overstaying

The 28 day period of overstaying is calculated from the latest of:
 the last day of their latest grant of leave to enter or remain, or
 the end of any extension of their leave under sections 3C or 3D of the Immigration Act
1971.
Calculating the date the period of overstaying begins
You must calculate the date on which the period of overstaying begins based on the last day
of the migrant’s latest grant of leave to enter or remain, or when leave under section 3C or
3D ended. You must take into account any variation on the duration of leave, such as a
curtailment decision.
The first day of the 28 day period begins on the first day after the day the migrant’s leave
has expired. This is unless the migrant has submitted an in-time application which has not
been decided before their leave expires.
If the migrant did make an in-time application and the application is subsequently refused,
the migrant’s leave will have been extended by virtue of section 3C of the Immigration Act
1971

Anon2016
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Re: FLR (Spouse visa) rejected as invalid

Post by Anon2016 » Wed Jun 15, 2016 11:28 pm

Oh okay. Thanks to pointing that out. So it's likely his 28 days will be counted rom visa expiry?

Altho his orig application was in time, I think he has passed 28 days since expiry. Our lawyer seems to think a new application will be fine and the 28days starts from today. I'm not convinced though hence looking for a second opinion.

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ILR1980
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Re: FLR (Spouse visa) rejected as invalid

Post by ILR1980 » Wed Jun 15, 2016 11:36 pm

Anon2016 wrote:Oh okay. Thanks to pointing that out. So it's likely his 28 days will be counted rom visa expiry?

Altho his orig application was in time, I think he has passed 28 days since expiry. Our lawyer seems to think a new application will be fine and the 28days starts from today. I'm not convinced though hence looking for a second opinion.
Yea he made his application in time but it was not validated . You dont have much options. May be someone else can guide you better
Invalid applications

An invalid application does not extend leave under section 3C.The Court of Appeal clarified in the case of Iqbal & Others [2015] EWCA Civ 838 thatsection 3C leave does not apply where the application to extend or vary leave isrejected as invalid.Information on the validity of applications can be found at specified application formsand procedures.
‘Validated applications’
Where an application is received that is invalid and a fee has been paid, even if it isthe wrong fee, the specified application forms and procedures guidance providesthat the Home Office will write out and provide a single opportunity to correct any omission or error. The person is given 10 business days to respond to the request.Where the requested information is received and the application is accepted as validthen the application should be treated as valid from the date it was first made, not the date thefurther information was received. The effect of this is that where the riginal application was made in time and the application was ‘validated’ at a later date, the person’s section 3C leave starts from the date the application was firstmade.
Page 9 of 20 Published for Home Office staff on 21 March 2016
Where the requested further information is not received or it is received but there is
still no valid application then leave will not have been extended by section 3C
because the application was invalid from the date it was made and was not validated
therefore it did not give rise to section 3C leave.

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Re: FLR (Spouse visa) rejected as invalid

Post by Anon2016 » Wed Jun 15, 2016 11:49 pm

Thanks once again ILR1980, I think you are right in what you've stated. I guess we will find out very soon. He has a premium appt next week.

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ILR1980
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Re: FLR (Spouse visa) rejected as invalid

Post by ILR1980 » Wed Jun 15, 2016 11:54 pm

Anon2016 wrote:Thanks once again ILR1980, I think you are right in what you've stated. I guess we will find out very soon. He has a premium appt next week.
Good luck and hope you find some way to sort out this mess

Anon2016
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Re: FLR (Spouse visa) rejected as invalid

Post by Anon2016 » Thu Jun 16, 2016 11:54 am

So UKBA have said its from the date of letter apparently. Even though it says rejected invalid.

niru85
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Re: FLR (Spouse visa) rejected as invalid

Post by niru85 » Thu Nov 17, 2016 9:49 am

Anon2016 wrote:So UKBA have said its from the date of letter apparently. Even though it says rejected invalid.
Hey I am under the same dilemma, did your application finally got approved ??. I might have to book the appointment soon as well.

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Re: FLR (Spouse visa) rejected as invalid

Post by Anon2016 » Thu Nov 17, 2016 11:19 am

No we were advised by our lawyer to do premium day appt fresh application spousal 10 year. Everything was in order and we had all the evidence and correct paperwork. Then on the day they made us wait all day and last minute said our application refuses due to toeic fraud from 2012 which is untrue, but they just made their decision without asking us anything or showing us their evidence. We submitted appeal and now waiting for court date. Already been 2 months and solicitor said could take up to a year for date.

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