ILR Set M application 5 year route: Application rejected

[waqarb]

Hello,

Please I need some urgent assistance please, my husband's application has been rejected and we have recieved a letter in the post today, the application has been rejected due to invalid fee, first time the payment was attempted by home office the payment was declined due to fraudulent checks and we received a text message. We rang the HO and were advied to wait for a letter.

We submiited the application on 25th August, it was receievd by HO please note that visa expiry was 28th August so in short my husband is an over stayer now.

When we received a letter from HO to resubmit the payment on 20th Sep, we made a bankers draft via recorded delivery, we also sent the biometrics as requested.

We made several enquiries to post office as we did niot reiceive a confirmation that the letter has been received by the home office. The post office said may be HO recieces several letters hence they have not signed this one invidually.

Today we received a whole pack back of the applciation with my kdis british passport and mine, my husband's pakistani passport and BRP card has not been sent back, his application is considered invalid and rejected now he is an over stayer. Please helo we have a proof of first payment rejection as text, second time bankers draft to HO and the recorded delivery t HO tracking number details.

Please help.

Thanks
WM

[waqarb]

Any assistance will be really appreciated.

[vinny]

Complain?
Try to get confirmation from your bank that the Home Office deposited the Banker’s draft?
Ask your MP for assistance?

[waqarb]

Thanks for your response but the second time the payment was sent as bankers draft via recorded delivery and fair page of the form with the option ticked at bankers draft. The letter never got to post office. We have a complain open with post office already. We have tracking reference all paperwork.

Thanks
WM

[vinny]

Who lost the Banker’s draft?

[waqarb]

Who lost the Banker’s draft?

Post office and we have a document to proof that.

[Obie]

This is likely to have serious implications on your husband , moving forward, and you are advised to take necessary steps to get a favourable resolution , otherwise he may not be able to get on the 5 years route and his lawful residence will essentially be broken.

[waqarb]

Thanks for your response. Please can you advise what steps we can take next. My husband has been here lawfully for 5 years I am a British Citizen so are my kids. Can we still apply again with all the proof.

Thanks

[vinny]

Unfortunately, your husband was an overstayer since the time his leave had expired or perhaps from the payment deadline that they had extended it to?

This implies that a new SET(M) application may fail

The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

Unless they are able to use discretion in his favour.

[waqarb]

Unfortunately, your husband was an overstayer since the time his leave had expired or perhaps from the payment deadline that they had extended it to?

This implies that a new SET(M) application may fail

The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

Unless they are able to use discretion in his favour.

Hello
Thanks for sending the response in detail.
I think option 2 from Para 39E applies to him that is he should be apply to apply again with in 14 days of refusal as the previous application was made in time.
Can you please comment on that?

Thanks

[vinny]

No. The application wasn’t refused. It was declared as invalid.

[waqarb]

Hi Vinny,

Thanks for that the exact wording are “for the reasons set out below your application or claim is being rejected as invalid. We are therefore returning the application form and the documents received from you. Please read this letter to ensure that you understand what you need to do in order to make a valid application.

At the end of the form there is a section that says

Making a new application

...

Thanks