Help, ILR rejected due to fees issue

[guru786]

a friend's recent problem, so posting here to get some advice to assist him. He is British citizen and has a british born british national child and applied for his wife after completing spouse visa duration.

posted application form on 6th April 217
application received by ukba on 7th april 2017

new fees was enforced but they used old form and give authorisation f old fees.

home office write back to them on 29.09.2017 clearly asking them to pay additional £422, they resubmitted bank details for this amount.

Home office tried to charge them £2297 instead of £422. this information is confirmed in writing by the bank.
There were not enough funds in banks, so bank refused.

Yesterday they received letter from home office saying that their application is rejected and is subject to removal.

That also states about resubmitting new application form will be rejected if person is a overstayer by more then 28 days. Her spouse visa expired in MAy this year.

what are the options for my friend, going to tribunal, appealing against home office to home office or resubmitting new application.

any similar cases, any guidance.

[zimba]

Her application is returned as invalid and that makes her an overstayer since May.
Were they charged the old fees before them being asked to pay the difference ??

[guru786]

yes old fees was deducted on 13 april and since then they keep getting an email update that their application is under process till end september when they asked them to pay balance of new fees.

[CR001]

The new fees came into effect on 6th April. It is the applicants responsibility to make sure they use the most recent form and pay the correct fee.

If you have been given the option of AR, I suggest you do it and present the facts as you have stated.

[guru786]

no right of AR given. they kept her passport and brp. so if no AR right is here, what is the best course of action?

[CR001]

Reapply on Set(M) for ILR.

[guru786]

thanks.

[guru786]

is it a good idea to go for one day premium service or use a postal application.

also any good solicitors you can recommend for his consultation as he book few days off next week to resolve this isuue.

regards

[CR001]

Members are not permitted to name solicitors or solicitor firms on the forum.