Immigrationboards.com

Dear Members,

I have qualified for ILR under HSMP judicial review 5 years clause.

I sent my ILR SET(0) postal application on 4th Jan 2012 through Next day delivery and ofcourse the same has been delivered to DURHAM office, the same is acknowledged on 6th Jan with Ref number. So far fee has not been charged to my account even after a month. It has been very stressful, as I am not sure whether my applicaiton is accepted or not? Any one has similar expericne or atleast some information about whether Payment is precondition to process the application or will UKBA process my application irrespetive of the fee status!!!


Any valuable suggestions/comments are highly appreciated.

Please feel free to ask if more information is required.

Thanks in advance

Chakrapani wrote:Dear Members,

I have qualified for ILR under HSMP judicial review 5 years clause.

I sent my ILR SET(0) postal application on 4th Jan 2012 through Next day delivery and ofcourse the same has been delivered to DURHAM office, the same is acknowledged on 6th Jan with Ref number. So far fee has not been charged to my account even after a month. It has been very stressful, as I am not sure whether my applicaiton is accepted or not? Any one has similar expericne or atleast some information about whether Payment is precondition to process the application or will UKBA process my application irrespetive of the fee status!!!


Any valuable suggestions/comments are highly appreciated.

Please feel free to ask if more information is required.

Thanks in advance

Yes! Receipt of payment is a precondition for processing ILR applications. If your payment details are error-free, then everything should be fine. Meantime, contact your bank, ask them if any attempt was made to debit £***** (amount) from your account in the last four weeks. If yes, your bank's security policy must have prevented the transaction. If no, relax; take the chance to advice your bank to authorise the specified app fee. UKBA would debit your account at some point.

Looking at your post, its been over a month since you sent your application. You need to do the following immediately as by now they must have tried to process the payment long time ago. Just one question, when does your current LTR expire. If it already expired do the following.

1. Call your bank and check if UKBA tried to process and they declined for any reason.

2. Send a check immediately to durham quoting your reference number, DOB and your full name and any additional details you can think of. If not for anything this will help you if you need to appeal in future that you have done everything you can, so you can have a valid argument.

2. Call the help line immediately on 08706067766 and go to option 4.
If you get some lousy operators, keep calling again, you will get someone helpful eventually.

Hope this is of some help.

Yes I have been in constant touch with my bank and spoke to them on three occasions in the past month, they have confirmed that UKBA has not attempted to take the payment.

If I send a separate cheque now, will this help the situation?

I am very worried now as payment appears to be a precondition for the processing of the application. Do I have any other remedies to explore.

I sent letter through recorded delivery to both Durham and Liverpool office and seems it is a wait and see approach as we cannot contact any of the UKBA officials directly.

I will post an update if there is any movement.

Chakrapani wrote:Yes I have been in constant touch with my bank and spoke to them on three occasions in the past month, they have confirmed that UKBA has not attempted to take the payment.

If I send a separate cheque now, will this help the situation?

I am very worried now as payment appears to be a precondition for the processing of the application. Do I have any other remedies to explore.

I sent letter through recorded delivery to both Durham and Liverpool office and seems it is a wait and see approach as we cannot contact any of the UKBA officials directly.

I will post an update if there is any movement.

Chakrapani wrote:If I send a separate cheque now, will this help the situation?

I'm a bit reluctant to pursue this route although I understand the logic behind it. However, as you said, you have already alerted UKBA in writing.

It may have been an administrative error by UKBA staff to process the payment. Maybe your application has already been processed. Usually, acknowledgement of receipt of application comes after processing application fee. Wont it be cool ILR is issued to you without paying a penny?

I wish this comes true!!!! Thanks for your moral support.

Will update you if something happens

Hi,

I think the best thing is to call or email them to raise your concern and ask if you need to send a cheque as the money hasn't left your account.

They will advice you on the best route to take or why the application hasn't been charged.

It better than just sending a cheque blindly without knowing the reason why the payment wasn't taking.

Got my ILR Application back on 16th Feb without processing...though i applied on 4th Jan(They took 42 days to respond)

Reason(Payment problem)...I know this is not a valid reason

Unfortunately they haven't sent me the payment letter to verify if there are any mistakes from my end.

No worries guys,I will try my best to deal with this application(maybe with a smart covering letter)

Please becareful while applying and make sure that you select a good payment to pay the Visa Fee.

Good Luck everyone

Chakrapani wrote:Got my ILR Application back on 16th Feb without processing...though i applied on 4th Jan(They took 45 days to respond)

Reason(Payment problem)...I know this is not a valid reason

Unfortunately they haven't sent me the payment letter to verify if there are any mistakes from my end.

No worries guys,I will try my best to deal with this application(maybe with a smart covering letter)

Please becareful while applying and make sure that you select a good payment to pay the Visa Fee.

Good Luck everyone

Thanks for the update. It's good to know why your chosen method of payment could not be processed.

I got all my documents back except the payment paper.

Made a fresh application on 22nd Feb

Got Acknowledgement on 29th Feb.

Good Luck this time Chakrapani

thank you

I have applied for ILR based on HSMP Judicial Review-HSMP(2+3)

The following information may help you to understand my situation:


1)As my HSMP Visa expires on 31st Jan,I applied for ILR on 3rd Jan(well in advance)

2)Application has been returned after 45 days i.e 17th Feb (Payment problem;even though they(UKBA) haven't tried to take payment from my bank account)

3)Again re-applied on 22nd Feb with bank draft. Acknowledgement received successfully in 3 working days

4)The time line starts since 22nd Feb...It's been morethan 7 Months-2 Weeks w/out any response.

5)I have made many calls to UKBA regarding my application(Response is my application processing)

6)I have been contacting my local MP since May.UKBA is responding to MP every 20 days or 25 days informing that Regional Account Manager will look into this at the earliest.

7)My local MP keeps on chasing UKBA at regular intervals(Every 15 or 20 days),but unfortunately nothing is happening......

8)Submitted local Medical certificate from my GP in May

9)Submitted my mother-in-law medical certificate (back home)

OUTPUT:

Nothing is happening....


Can anyone please understand my situation and guide me?

Many thanks for reading my post & appreciate all your valuable comments.

Cheers
[/u]

If your MP has not been able to elicit a clear response from UKBA as to where and why your application is stuck, unfortunately there isn't much that you can do!

You may submit a complaint but I cannot say if it will change things.

Thank you for your quick response...

Dear Moderators,

Can you please guide me with the following problem?

1)ILR Applied based on HSMP Judicial Review

2)As my HSMP Visa expires on 31st Jan,I applied for ILR on 3rd Jan(well in advance)

3)Application has been returned after 45 days i.e 17th Feb (Payment problem;even though UKBA has typed invalid expiry date)...Unfortunately I didn't keep the photocopy of my Set (0)payment page and I m confident that the UKBA has mis typed my card details

The following is the confirmation from my bank:

Dear xxx,

According to our records on the 6 Jan 2012 at 8:12 a card payment was attempted to the Home Office for £1458.00 which was picked up by our fraud detection system and blocked.This payment was declined with the reason that the card expiry date entered did not match the expiry date we held for the card on our system.

Yours sincerely
xxxxxxxxxx



3)Again re-applied on 22nd Feb with bank draft. Acknowledgement received successfully in 3 wking days.

4)Waited from 22nd feb to 1st nov (36 weeks)

5)Received my application back on 2nd nov.

6)Application has been refused after holding my application for 8 months

Reason:

A)

I did not submit a valid application for a variation of leave untill 22nd feb 2012.As I did not have valid leave at the time of my application,I m considered a person liable to administrative removal ....IS151A is enclosed

B)

In 5 year period,I have 196 days adsences in total.In this all are lessthan 70 days continously

Though I have a medical certificate from UK & my country,the case worker has not considered this evidence.

As I had medical treatment for 4 or 5 months in the UK and I didn't see any improvement with my health,I had travelled to my country for a better treatment.This is just about 34 days.

I have medical certificate from my local gp,london & also from my doctor back home.Though I had submitted all these documents,its all useless as the caseworker has not considered any of these medical certificates.

Note:

A)As my application has been refused(holding for 8 months) based on the validity of the visa at the time of application; I thought of giving more information about my case,so that moderators can help me with all their valuable comments.


7)As I have right of appeal,I m planning to go ahead with this,but I really need some help to start with as I 'm completely new to this.


Thanks for reading my post.


Waiting for all your responses at the earliest.

Why did they grant you appeal rights? If they claim to have refused your application because it was out of time, then they not have given you appeal rights since out of time applications do not have this.

I have applied ILR based on HSMP Judical Review

I have all the documents to appeal and I m eligible to do that and its not important to discuss why I m eligible....

Appreciate if you can give some valuable inputs.

Thanks

1. See also Invalid application due to payment problems?
2. Seek professional advice without delay.

Chakrapani wrote:I have applied ILR based on HSMP Judical Review

I have all the documents to appeal and I m eligible to do that and its not important to discuss why I m eligible....

Appreciate if you can give some valuable inputs.

Thanks

sorry to hear about your situation. you have about 99% chance of been succesfull when you appeal. the onus is on ukba to prove that you actually gave them the wrong bank details and hence they could not effect payment. ukba has to provide the payment slip you filled. if you are sure that you gave them the right bank details then you dont have to panic. from what i have read ukba normally shred the payment sheet so if that is true it means they will find it difficult to prove. you have to argue on the line that to your best of knowledge you gave ukba the correct details but their failure to deduct the right amount is due to their own ommission or commission and it will therefore be unfair to suffer because of ukba inefficiency. the law says that he however alleges must provide evidence. i wish you all the best and God be with you.

Chakrapani wrote:I have applied ILR based on HSMP Judical Review

I have all the documents to appeal and I m eligible to do that and its not important to discuss why I m eligible....

Appreciate if you can give some valuable inputs.

Thanks

Well even if they reject your application, you have a strong claim for JR.

Can you confirm if the payment details you supplied to them, were indeed correct, and that no error can be attributed to you.

I wish you all the best.

Thank you so much for your kind replies.

I 'm confident that i hav provided correct card details on the payment page;however they have mistyped the card details.

1)Unfortunately I didn't keep the photocopy of my payment page

2)Even when UKBA has returned my 1st application with payment problem,they haven't provided the payment page.I guess the UKBA generally shred the payment sheet.

3)UKBA has tried to take the payment on 6th Jan and returned my application back on 17th Feb.I didn't understand why they had my application for 45 days when they knew that it was a payment problem.

4)Again when I have reapplied with bank draft on 22nd feb,they had my application for 8 long months and atlast UKBA has refused my application(after holding for 8 long months) based on the grounds that I didnt have a valid visa at the time of application i.e 22nd feb as my visa expired on 31st Jan 2012.

5)I have applied ILR based on HSMP-Judicial Review


Please post all your valuable comments so that I can start my appeal process.

Thank you for your support.

Has anyone seen this?

If you have limited leave to enter or remain in the UK and wish to extend your visa, you must apply within 28 days of your current visa expiring. Your application for further leave will be refused if you have overstayed your visa by more than 28 days when you apply.


http://www.ukba.homeoffice.gov.uk/sitec ... r/01-rules


I don't understand how the caseworker can refuse my application when I didn't overstay morethan 23 days...

Thanks

The article is relevant for overstayers making a leave to remain application on or after 01-Oct-12.