Invalid application due to payment problems?

[favour]

Hello All,
Just an update on this forum, just in case there are people out there like me that has been checking this forum often for an encouraging story.
I eventually got to court last weak, after almost 2years. Our lawyer (instructed by the solicitor that has been dealing with our case) advised that having gone through our bundle, she feels we should tackle the issue of overstaying first before talking about article 8 (during the period of waiting my first child turned 7). she said she wanted to discussed with hopo first that this should be a straight forward case as its clear on there rule, that when you vary you only need to pay the difference of the fee and not the total new fee.
The hopo advised that my lawyer is correct but that he needs to confirm with home office, unfortunately the home office replied that they are still insisting on there decision that we have overstayed, by the invalid application.
But for God's mercies, when our application was returned they mistakenly returned a document, which looked like a receipt of payment, this was what the lawyer saw in our bundle. He confirmed that he recognised the system that it is a very confusing system blabla. He was able to confirm from the paper that we did payed payed the first fee in full.
When the judge came into the courtroom eventually, it was the HOPO himself that was defending our case to her.
It was a miracle!!!
our lawyer only had to say she agrees . so there and then we were told by the judge that our appeal has been allowed and that she will send the letter out in two weeks.
If you are out there with a similar problem please do not give up. God is faithful.

[Lydds]

[exactly as WRS has quoted below, mine was practical..but successful..
my permit was to expire within the month on the 24th February, I wasn't sure which Form to use, so to be safer than sorry,on 5th I chose a form DL filled it, posted, it was returned within the week as NOT VALID, that gave me 2 weeks to find the right one to fill & send. I found the right Form..FLR(O), sent same package as earlier but different form, on 19th, I received a quick response on 24th application was confirmed as my bank acc showed HOME OFFICE has taken the cash .. All these happened in the same month of 2015 February.
Best advise,
-don't wait for time to elapse,
-apply as early within the month of expiry to be safe
-Make sure the right amount of money is in the bank immediately you send your application.



="vinny"]

Have you been faced with an issue where you applied through postal application when your current leave to remain was valid; but application is returned as invalid after your current leave to remain has expired!?

This article is good one to read on the subject matter!

THE UKBA MUST PROVE THAT AN APPLICATION FOR LEAVE TO REMAIN WAS “INVALID” – ITS INABILITY TO OBTAIN PAYMENT FOR A FEE DOES NOT CONSTITUTE PROOF

[/quote]

[favour]

Hello Vinny/ other gurus,
please can anybody please confirm if an employer uses the employer checking service at this point , get a positive result as regards to ability to work legally. i.e will the judges allowed appeal (we now have the decision in writting) reflect in home office system.
or the system will only be updated after the HO re-issue another decision to confirm that we are not overstayers?

[manci]

Hello Vinny/ other gurus,
please can anybody please confirm if an employer uses the employer checking service at this point , get a positive result as regards to ability to work legally. i.e will the judges allowed appeal (we now have the decision in writting) reflect in home office system.
or the system will only be updated after the HO re-issue another decision to confirm that we are not overstayers?

there is a new online checking service, see if you can use it yourself:
https://www.gov.uk/employee-immigration ... ent-status

[favour]

THAnks Manci. no luck. is it a good idea to call home office and ask?

[favour]

Just to confirm that the ECS check carried out by the employer few weeks after the appeal was allowed came out with the confirmation that I can work.

[MissyD]

This is good news for you Favour....

My Employee Verification Service check came out negative

Read about it here: http://www.immigrationboards.com/post12 ... l#p1204369

[MissyD]

update...since sending a complaint through to HO..they have done nothing but send out variations of letters to report to Becket House......

One week the letters are suspended, next week they send a different letter....


The Home Office doesn't seem to know what they are doing and a lot of guess work is taking place and their officers are even making up 'statements' .....

Their latest line of defense seems to be to ask people to report to Becket House even if there is no reason for them to do this.

[favour]

Sorry to hear this MissiD,
This is being very unfair, I really don't know what to say.
ours ended up in them re-refusing the visa, only this time correcting the overstaying bit though the decision was sent to a wrong address and we only got it after abt 3 weeks, while appeal period is over.
Don't give up!

[MissyD]

Kept reporting as requested and was eventually detained at Becket House and sent to Yarl's Wood removal centre.

[vinny]

Supreme Court criticises complexity of immigration rules (but dismisses case anyway) > Mirza & Ors, R (on the applications of) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016).

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

[CR001]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

Try not to jump to conclusions and assume things.

http://www.immigrationboards.com/member/MissyD/posts/

[Obie]

I'm sure I updated on this situation since 2015..but can't find my post's anywhere? Were they deleted? If so why?

This decision was only out today, so you could not have updated it.

You probably thinking of the decision at the Court of Appeal.

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

Try not to jump to conclusions and assume things.

http://www.immigrationboards.com/member/MissyD/posts/

Thank you for your response. As you can see I did not jump to conclusions, I asked two questions - they were not statements.

I also am aware of how to search - while they maybe showing that the posts were made, they are not showing up on the board, hence my asking the two questions.

Question: Have the posts been hidden?

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my post's anywhere? Were they deleted? If so why?

This decision was only out today, so you could not have updated it.

You probably thinking of the decision at the Court of Appeal.

thank you for your response, however I am referring to updating of my situation as initially started and not your specific post. I think you misinterpreted.

[vinny]

I believe that there were some database corruption and, unfortunately, some of your posts may have been affected.

[MissyD]

I believe that there were some database corruption and, unfortunately, some of your posts may have been affected.

ahhhh thanks for the explanation Vinny, much appreciated.

[MissyD]

due to the database corruption as indicated by Vinny a lot happened since the posts that are available...

We've been back and forth with them asking for additional information and Upper Tribunal ruling that they certified and issued deportation orders wrongly . H.O agreed to reconsider - they took 3 months to do this and basically copied and pasted the same details from original refusal - and I lodged an Upper Tribunal Review...

They have come back in their response to state that while they agree that several items they initially wrote were incorrect, they still hold on to their refusal and are now using terminology of:

Need to show exceptional circumstance ref out of country appeal
It will cause 'serious ireeversable harm'
there are no significant barriers / hardship if returned to country of origin
applicant speaks the language, knows the culture, social or country of origin


Any ideas on how best to argue them when going before the Upper Tribunal?

[noajthan]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

This is some of your post-2015 history - enjoy:
http://www.immigrationboards.com/genera ... 88563.html

http://www.immigrationboards.com/uk-tie ... l#p1208412

http://www.immigrationboards.com/genera ... l#p1366870

[MissyD]

I'm sure I updated on this situation since 2015..but can't find my posts anywhere? Were they deleted? If so why?

This is some of your post-2015 history - enjoy:
http://www.immigrationboards.com/genera ... 88563.html

http://www.immigrationboards.com/uk-tie ... l#p1208412

http://www.immigrationboards.com/genera ... l#p1366870

Thank you Noajthan, but it's not my overall post history I was referring to, but the history on this specific thread.... Vinny already addressed the issue, but thanks for trying.

[Obie]

Also see Ahmed & Ors (valid application - burden of proof) [2018] UKUT 53 (IAC) (10 January 2018)

Very helpful case, which confirms the principle in Basnet and seek to differentiate from Mitchell.

I have immense difficulties with Mitchell. The tribunal is so inconsistent and politically driven, which is a recipe for disaster.

[vinny]

Good case.

The decision of Judge O'Garro is vitiated by material legal errors. Her decision is set aside.
We re-make the decisions in the appeals by allowing them on the basis that the respondent's decisions were not in accordance with the law.
The appellants' applications remain outstanding, and await lawful consideration.

Unfortunately,

This case was determined under the old appeal regime pre-dating the Immigration Act 2014. These types of argument would be very difficult to run under the new appeals system. Which was perhaps why the Home Office changed the system.

Is this due to the absurdity of the new appeals system? Allowing appeals on the basis that the respondent's decisions were not in accordance with the law is no longer an option?

[Obie]

My Understanding is the Tribunal is still able to allow an appeal and make comments to the effect that the decision is not in accordance with the law. However the power to remit a matter to the Secretary of State is no longer available.

The Statute essentially says what matter the tribunal must determine, but it is essentially silent on how an appeal must be disposed.