FLR(m) returned (payment issue); Spouse Visa now invalid

[shadowrunner]

Thanks in advance for reading. Would be grateful for any advice.

I am a British Citizen since birth. I married a foreign national and we applied for his spouse visa in early 2009. We were extremely careful and rigorous with the application and it paid off because he was granted it after 2 days.

We anticipated it would take 3 months, which was fine by us because he was still studying (final year medicine). Anyway, he travelled within 28 days to validate it and went back to complete his education. Which unfortunately, being a medical degree in a country where there is no set yearly time table, ran on for more than 3 months.

He eventually came to the U.K permanently and he has made every effort to settle. He completed the Life in the U.K Test, has an academic IELTS, passed his driving test, passed some professional exams so he can practice as a Dr. here, worked part time etc etc.

So, we again thought we were rigorously completing the FLR(m), so that he can make up his 2 years, with all this information and more.

BUT, I made a huge mistake and even though I filled in all the information on the front and back of the cheque from our joint account, we forgot to sign it. I am kicking myself so hard right now. This is such an important thing and yet I made such a stupid, stupid mistake.

We just got the application back along with a letter indicating that it is invalid because the cheque was not signed.

Now the problem is that his visa is no longer valid either as they took 7 weeks to get back to us.

At this point, we are going to submit a fresh application asap (tomorrow). We intend to write another cover letter explaining what has happened (attach the letter from UKBA with reference # showing we originally submitted before the visa expired), also attach the original application form to show that the new application is the same, just with valid payment.

I have already called the UKBA for advice and she said it will be at the discretion of the case worker and that the last application is invalid.

My question is, will this new application be considered invalid since the visa is expired and he is now overstaying?

Is there anything else we can do or submit?

Does anyone now the usual outcome of such situations that are straightforward in every other case?


Thank you

[Sarah2011]

Hi,

Don't know if this will help or not but I have experienced some of your dilemma before. End 2008 I have submitted an application after WP extension, I have never used my credit card before, so when i had to complete the boxes with the card number i put the wrong number (took it from somewhere else on the card). My application returned and it was treated the same as yours. by the time I sent a second application I was still safe in regards to visa expiry date but so close to it. My Limited LTR was obtained a few days before my visa was due to expire.
However, I asked the HR person in my company many times about what will I do if my visa expires and the application is still with them etc..and I have received many confirmations from him, that always keep the postal sending receipt with you as a proof all is with ukba and don't panic..
hope they will take your reasons into consideration..

[Greenie]

the new application will not be considered invalid however whether your husband is granted further leave to remain under the rules will be at the discretion of the caseworker.

[shadowrunner]

Thank you both.

We posted on Saturday. This time I filled in my CC info - I hope no new problems arise because of that!

Serves me right for being so smug that he got his spouse visa so quickly.

I will update our progress just in case anyone else is in the same situation.

[manupapa]

Please let me know the outcome of your application as this happend to me also and i too have resubmitted now and waiting:shock:

Thank you both.

We posted on Saturday. This time I filled in my CC info - I hope no new problems arise because of that!

Serves me right for being so smug that he got his spouse visa so quickly.

I will update our progress just in case anyone else is in the same situation.

Please let me know the outcome of your application as this happend to me also and i too have resubmitted now and waiting:shock:

[mrlookforward]

the new application will not be considered invalid however whether your husband is granted further leave to remain under the rules will be at the discretion of the caseworker.

The caseworker has no discretion to grant flr or ILR within the rules on this (new) application as this is an out of time application. There is discretion though to grant DL (OTR).