Post
by 2013uk » Thu Dec 29, 2016 2:04 pm
They are a family of 4, two did same day application which as you know it is expensive and decided to wait to do the other two.
Reason for decision
We have considered your application on behalf of the secretary of state and your application has been refused. In making the decision to refuse your application, careful considered has been given to the following:
On Oct 16 you applied for indefinitive leave to remain in the Uk as tier 5 dependant partner (recorded as outside rules comp. grounds ILR) the application was rejected on Dec 16
Your application has been considered against the requirements for ILR in the UK as a point based system family member
319E requirements for ILR
To qualify for ILR as the partner of a relevant point based system migrant, as applicant must meet the requirements listed below if the applicants meets these requirements, ILR will be granted. If the applicant does not meet the requirements, the application will be refused
(i) The applicant must not be in the UK in breach of immigration laws except that, where parrgraph 39E of there rules implies, any current period of overstaying will be disregarded
39Eof the immigration rules states
39E this paragraph applies where:
1- The application was made within 14 days of the applicants leave expiring and the secretary f state considers that there was a good reason beyond the control of the applicant or their representative provided in or with the application, why the application could not be made in time; or
2- The application was made
a. Following the refusal of a previous application for leave which was made in time or to which sub paragraph 1 applied; and
b. Within 14 days of:
(I) Refusal of the previous application for leave; or
(II) The expiry of any leave extended by section 3C of the immigration act 1971 or
(III) The expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(IV) Any administrative review or appeal being concluded, withdrawn or abandoned or lapsing
Your most recent grant of leave in the UK was valid until 16 Oct 16 on 10 Oct 16 you submitted an application for ILR in the UK a valid application is defined in paragraph 34 of the immigration rules
34 an application for lLR in valid when the requirements of this paragraph are met
(3) where the applicant required to pay a fee, this fee must be paid in full in accordance with the process set out in the application form.
Home office records indicate that the initial attempt to receive payment was declined and section 10 of SET O application form was not been completed, on Nov q6 the home office wrote to you and requested payment to be made to validate your application, the second attempt to make payment was declined by your bank on Nov 16. As no payment had been received within 10 working days of the home office requesting it for the second time, the application was rejected as invalid on dec 16
Invalid applications
34A subject to paragraph 34B where an application for ILR foes not meet the requirements of paragraph 34, it is invalid and will not be considered.
34B (1) where an application for leave to remain foes not meet the requirements of paragraph 34(1) –(9) the secretary of state may notify the applicant and give them one opportunity to correct the error or omission identified by the secretary of state
(2) where paragraph 34B (1) applies the error(s) or omission(s) identified muyst be corrected within 10 working days of the date on which the notification was sent/
(3) subject to paragraph 34(b) where an applicant does not comply with paragraph 34b(2) the application is invalid and will not be considered
(4) the secretary of state may exercise discretion to treat an invalid application as valid as lond as requirements of paragraph 34(3) and (10) have been met.
(5) notice of invalidity will be given in writing and server in accordance with appendix SN of there rules
As your application does not meet any of the exemptions listed above it is regarded as invalid
An invalid application does not extend leave under section 3C
The ILR application made in oct 16 did not extended your leave under section 3C because it was an invalid application. Your leave to remain in the UK expired in Oct 16. The application made on the date if this notice dec 16 was not within 14 days of your leave expiring. In view of there facts, you are in breach of the immigration rules as you have overstayed in the UK from oct to date of this notice. Your application for ILR in the UK is therefore refused under 319E as you do not meet requirements of 319E(i) of the immigration rule
