Shocked and Disappointed- ILR application at Premium appointment centre refused

[namshi5]

Hi,

I am on Tier 1 general visa and qualified for ILR on 28th March 2017. I booked a premium appointment at Glasgow PSC for 6th April however I realized on 5th April that 6th April is the closing date for ILR application for Tier 1.
Confused and shocked by this, I called up UKVI customer service explaining my situation and the agent confirmed that I could go ahead and attend the appointment as they would accept until 6th April. I asked her to confirm that where in she spoke to her senior and reconfirmed that I am good to attend the appointment.
On the 6th April , i attended the appointment where in the case worked refused to accept the application on thr ground that ILR for tier 1 is closed and would not listen to my explanation that UKVI Customerservice confirmed that i could attend.
With limited option available I applied on the same day by post with a covering letter explaining what happened and to show discretion.
Meanwhile I have also filed a complaint to UKVI on the wrong information provided to me.

I am just 8 days away from my current Tier 1 expiring- not sure if Home Office would apply descretion or not and what my future holds.

Anyone got any suggestions on what my options are if Home Office came back and said they cannot apply descretion in my case? Also how soon can I expect to hear back from them considering I posted special delivery today?

[vinny]

Unfortunately, you cannot rely on answers on the telephone.

(m) The application for indefinite leave to remain must have been made before 6 April 2018.

However, the information on their website was also misleading and contradictory.

From 6 April 2018 the Tier 1 (General) category will be closed to all settlement applications. You must apply by post or book and attend a premium service centre appointment by this date.

The words "From 6 April 2018 the Tier 1 (General) category will be closed to all settlement applications" is quite clear that you cannot apply from 6 April 2018. But the words "by this date" implied that applying on 6th April 2018 was possible. They should have used the words "before this date".

Why did you leave it so late when there was no need to?

Hope that they are able to use discretion.
Good luck!

[namshi5]

I know it was last minute but I only qualified for ILR on 28th March and the earliest appointment I got was 6th April.
I was keen to go for same day service since I did not want to be without passport for an extended time however the way things stand now my right to live in the UK is now in question.

Would anyone having faced similar situation (probably Delay in applying for Tier 1 extenstion on Time) share their experience if they found any success in getting the extension approved via discretion?

[teddy0409]

Just wondering how the system allowed you to apply for ILR on 6th April 2018 when the application date is not in active state? I am sure you will find a way around and get a away with it..Firstly register a formal complain with the premium visa service centre (Usually you will receive an email link to give your feedback with in 2 working days of premium application date), Speak to your solicitor make a quick application via post before your leave expires....

[namshi5]

hI,

As I explained, when the premium centre refused to accept my application and returned back the documents (except the Set 0 form), I quickly filled in a new application and a covering letter with a detailed explanation of what happened and applied by post on 6th itself.

I specifically added a note in the cover letter that I was misinformed by contact centre that my application would be accepted on 6th April and that I could and would have posted the application sooner, had I been provided the correct information by contact centre.

As it stands, I suppose it is upto the case worker to make a discretion based on my circumstance and accept my application or refuse because I was late by 1 day.

[namshi5]

This is an update to my application - can the moderator please read through this and advise what this letter means please? The underlying message looks very convoluted and I cant figure out if this is good or bad news.



1 May 2018

Thank you for your email correspondence of 23 April where you have raised a complaint regarding your application.

You have said that you submitted an online application for Indefinite Leave to Remain (ILR) on 14 March and found out that the earliest appointment available was 6 April.

You explain that you contacted our Customer Contact Centre (CCC) on 5 April in order to confirm that your application would be accepted at our Premium Service Centre (PSC). You state that this is because ILR applications for Tier 1 holders were closed on 6 April. Consequently, you were informed by an agent that your application would be processed on this date.

On 6 April you attended the PSC, however, you were informed by members of staff that you application cannot be accepted as the closing date is 6 April.

Therefore, you explain that you intend to submit a postal application on 6 April and have asked us to apply discretion when considering your case.

I am partially upholding your complaint.

I have contacted our casework team who have confirmed that due to an administrative error you were unable to attend you pre-booked application at the PSC on 6 April. It may help if I explain, that the agent that you spoke to believed that you were able to attend the application interview on 6 April when in fact the end date was the 6 April.

Therefore, on this occasion I would like to apologise for the fact that you booked an appointment and submitted the sum of £2,887 for an immigration interview you were not allowed to attend.

I can confirm that a refund to the sum of 2,787 has been debited back to the bank account you used when submitting your original application. Please note £100.00 has been retained for the application fee as per our policy guidance.

In addition, I can confirm that you currently have a new outstanding ILR application. A BRP enrolment letter has also been despatched to your address on 25 April.

Please accept my sincere apologies for the distress and inconvenience this matter has caused you.

I believe I have addressed all the points you have raised. However if you feel that there are specific aspects that have not been addressed you can request a review of our response within one month of the date on this letter by writing to us at: complaintsreview@homeoffice.gsi.gov.uk.


Please ensure that you provide us with specific details setting out why you believe a review is required. This will enable us to provide you with a full response.

Or you can write to us at:

UKVI Complaints Allocation Hub

Lunar House

40 Wellesley Road

Croydon CR9 2BY


Yours sincerely


Customer Service Operations

www.gov.uk/ukvi

[zamaha]

Hi
I say, they are saying they made a mistake not letting you to attend the interview on 6th. Obviously, you still could submit the application on 6th so they refund the fee of your premium service.
Also, they accept your application and issue you the biometric letter. It seems it is a valid application now.

The moderators will confirm that. But best of luck to you.

[vinny]

In addition, I can confirm that you currently have a new outstanding ILR application. A BRP enrolment letter has also been despatched to your address on 25 April.

This may be the important bit.

[apsk]

This is an update to my application - can the moderator please read through this and advise what this letter means please? The underlying message looks very convoluted and I cant figure out if this is good or bad news.



1 May 2018

Thank you for your email correspondence of 23 April where you have raised a complaint regarding your application.

You have said that you submitted an online application for Indefinite Leave to Remain (ILR) on 14 March and found out that the earliest appointment available was 6 April.

You explain that you contacted our Customer Contact Centre (CCC) on 5 April in order to confirm that your application would be accepted at our Premium Service Centre (PSC). You state that this is because ILR applications for Tier 1 holders were closed on 6 April. Consequently, you were informed by an agent that your application would be processed on this date.

On 6 April you attended the PSC, however, you were informed by members of staff that you application cannot be accepted as the closing date is 6 April.

Therefore, you explain that you intend to submit a postal application on 6 April and have asked us to apply discretion when considering your case.

I am partially upholding your complaint.

I have contacted our casework team who have confirmed that due to an administrative error you were unable to attend you pre-booked application at the PSC on 6 April. It may help if I explain, that the agent that you spoke to believed that you were able to attend the application interview on 6 April when in fact the end date was the 6 April.

Therefore, on this occasion I would like to apologise for the fact that you booked an appointment and submitted the sum of £2,887 for an immigration interview you were not allowed to attend.

I can confirm that a refund to the sum of 2,787 has been debited back to the bank account you used when submitting your original application. Please note £100.00 has been retained for the application fee as per our policy guidance.

In addition, I can confirm that you currently have a new outstanding ILR application. A BRP enrolment letter has also been despatched to your address on 25 April.

Please accept my sincere apologies for the distress and inconvenience this matter has caused you.

I believe I have addressed all the points you have raised. However if you feel that there are specific aspects that have not been addressed you can request a review of our response within one month of the date on this letter by writing to us at: complaintsreview@homeoffice.gsi.gov.uk.


Please ensure that you provide us with specific details setting out why you believe a review is required. This will enable us to provide you with a full response.

Or you can write to us at:

UKVI Complaints Allocation Hub

Lunar House

40 Wellesley Road

Croydon CR9 2BY


Yours sincerely


Customer Service Operations

www.gov.uk/ukvi

This a good news for you. This means they accepted the UKVI mistake and now considering your postal application. They have also sent you a bimoetric letter which you will be receiving anytime to attend.

[krisbol17]

Like the others have said, it's now being processed. Well done for fighting, sometimes UKVI needs applicants to reason with them through the proper channels (complaints email etc) which you have clearly done.

As far as I'm concerned the call centre is UKVI since that's the number UKVI has on their website for contacting them so if they give people false information, make sure you use it for your case, they can't just be misleading people like that, it's very bad customer service especially with these hefty fees!!!

Anyway, good luck, hopefully you get your BRP soon.

[namshi5]

Thanks all for your feedback - I have received the BRP letter.

I can only hope the case worker considers these factors while deciding my application so I can only pray and hope for the best.

[lanrezy]

As far as I'm concerned the call centre is UKVI since that's the number UKVI has on their website for contacting them so if they give people false information, make sure you use it for your case, they can't just be misleading people like that, it's very bad customer service especially with these hefty fees!!!

I will disagree with you on this. The call centre might have a reputation for giving wrong advice but in this case they gave the right advice. It was the case worker that was wrong for not allowing the application since it is valid on the said date.
That is why Home office accepted their mistake,apologised and now considering the application.

[lanrezy]

Thanks all for your feedback - I have received the BRP letter.

I can only hope the case worker considers these factors while deciding my application so I can only pray and hope for the best.

I wish you the best of luck