ILR refused....Urgent Help required as Appeal hearing is in few days

[jani1]

Dear All,

My set(lr) application was refused and now I need urgent help regarding my appeal case.

I came in August 2008 and varied my Tier 1 (entr ext.) with set (lr) last year which was refused.

3 reasons (mention below) in the refusal letter but I am concerned more about 1st one.

1. Actually, I applied tier 4 student visa ext. in end of april 2010 and home office try to take visa (fee) payment few days later in May 2010 but payment declined (I had approx. £100/110 less in the account). They try again (2nd time) to take payment in 1st week of July 2010 and that time I have more funds in my account but this time Home office returned my application as invalid (now someone told me that invalid application or rejected as invalid both have the same meaning).

2. They stated in the letter that I applied twice in August 2010 which I were not. This one probably typing error or misunderstanding as my SAR did not have any record of it. This time I made payment via cheque and got visa in October 2010.

3. English language as I don't have degree at the moment but I used transcript in my psw, tier 1 entr. and tier 1 entr. (ext.) application and it was accepted in all appications...I think it will not be a issue this time but someone can guide me on this as well if required.

My question is mainly related to my 1st point. Is there any chance if I can win the appeal on the basis of this issue becuase home office saying that from may 2010 (when my visa expired) to October 2010 (when my visa accutally granted) I was living unlawfully. Although, I slightly have less fund when home office try to take payment in the first try in May but in thier 2nd try on July 2010 I have enough funds in the bank but home office still could not successfully take the payment from my account and my application was returned to me as invalid. I can win the case if I can prove I have enough funds in my account which I have when they acctually rejected the application but negative point is I don't have enough funds when they try 1st time. I need help from anyone specially gurus.

regards,
jani

[aman90]

What date did you arrive in UK?
What date did you vary your application?
What date did you receive the refusal?
Did ur bank refuse the second payment?
What date was stated on your invalid application letter?
What date did you apply again?

[jani1]

Thanks a lot for your reply.

What date did you arrive in UK?
14 August 2008

What date did you vary your application?
24 August 2018

What date did you receive the refusal?
Set (LR) 22 Feb 2019 &
Tier 4 invalid Application or refusal was 6 July 2010 then re-apply on 1/2 August 2010 and got visa in 4 October 2010

Did ur bank refuse the second payment?
No bank did not refuse any payment (6 July 2010) even they said they did not refuse 1st payment which HO try to take it on 4 May 2010 (vary next day I have full balance)

What date was stated on your invalid application letter?
6 July 2010 (same date when they try to take 2nd payment)

What date did you apply again?
re-apply on 1/2 August 2010 with new bank statement (from Pakistan) and with cover letter in which I mentioned that I am applying in 26 days because I spoke to Home office guy and he said I need new bank statement as old one is more than 28 days old and I also mentioned his name in the letter).

Kind Regards,
Jani

[aman90]

What date did you arrive in UK?
14 August 2008

What date did you vary your application?
24 August 2018

What date did you receive the refusal?

Set (LR) 22 Feb 2019

&
Tier 4 invalid Application or refusal was 6 July 2010 then re-apply on 1/2 August 2010 and got visa in 4 October 2010

And ur appealing now?

Did ur bank refuse the second payment?
No bank did not refuse any payment (6 July 2010) even they said they did not refuse 1st payment which HO try to take it on 4 May 2010 (vary next day I have full balance)

What date was stated on your invalid application letter?
6 July 2010 (same date when they try to take 2nd payment)

What date did you apply again?
re-apply on 1/2 August 2010 with new bank statement (from Pakistan) and with cover letter in which I mentioned that I am applying in 26 days because I spoke to Home office guy and he said I need new bank statement as old one is more than 28 days old and I also mentioned his name in the letter).

you did apply within 28 days at that time (39E) You should have been given the chance to rectify the issue.. did you you have an over draft facility at the time.. even if you didn’t have the money, the bank helps and charges you later

[jani1]

What date did you arrive in UK?
14 August 2008

What date did you vary your application?
24 August 2018

What date did you receive the refusal?

Set (LR) 22 Feb 2019

&
Tier 4 invalid Application or refusal was 6 July 2010 then re-apply on 1/2 August 2010 and got visa in 4 October 2010

And ur appealing now?
Yes I am, Hearing is in few days

Did ur bank refuse the second payment?
No bank did not refuse any payment (6 July 2010) even they said they did not refuse 1st payment which HO try to take it on 4 May 2010 (vary next day I have full balance)

What date was stated on your invalid application letter?
6 July 2010 (same date when they try to take 2nd payment)

What date did you apply again?
re-apply on 1/2 August 2010 with new bank statement (from Pakistan) and with cover letter in which I mentioned that I am applying in 26 days because I spoke to Home office guy and he said I need new bank statement as old one is more than 28 days old and I also mentioned his name in the letter).
Before submitting my application I spoke to home office and HO told me that I need new bank statement otherwise application will be rejected. I told him that time it will take some time as my statement is from Pakistan (bank will post to my home and then my Father will post it to me which will take 2-3 weeks time).
I mentioned same thing in the cover letter and told them why it took me 26 days to post the new application.


you did apply within 28 days at that time (39E) You should have been given the chance to rectify the issue.. did you you have an over draft facility at the time.. even if you didn’t have the money, the bank helps and charges you later

Yes I apply within 28 days that approx. 26 days I think. Unfortunately no, I never have the overdraft facility with this bank. Sometime it happen when I don't have enough money in the account and bank charge me un-planned overdraft fee but sometime bank also reject the payment. I am not sure what to do now.

What are the chances in my case? If I apply within 28 days and bank did not refuse the any payments then is there any chance of winning the appeal because I don't have enough funds when home office try it 1st time.
If you have any suggestion regarding my case plz. do share it.

Kind Regards,
Jani

[aman90]

Have you not engaged a lawyer? Bleak situation. But fingers crossed..
Focus on not taking payment 2nd time round. And that you applied with 28 days of being informed. They also should have given you the chance to rectify the situation..sorry I can’t be of any help.
There are so many cases like yours on the forum..

[jani1]

Have you not engaged a lawyer? Bleak situation. But fingers crossed..
Focus on not taking payment 2nd time round. And that you applied with 28 days of being informed. They also should have given you the chance to rectify the situation..sorry I can’t be of any help.
There are so many cases like yours on the forum..

Thanks again.
My lawyer also said focus on the 2nd payment but the point it if HO office or Judge ask about 1st payment then we don't have any evidence of fund or other point except we can say that my bank did not reject or refuse any payment.

Kind regards,
jani

[zimba]

HO decision to refuse is correct and lawful. This was settled even in the supreme court. An invalid application will be treated as if such application never was made. The idea that HO failed to deduct the funds given you had insufficient funds was enough for the HO to lawfully reject your application as invalid. The fact that they tried again and you claim you had enough funds then becomes irrelevant. The rejection was lawful as there was no law at that time that required them to even try again. I do not see how you are going to demonstrate that the HO actions were unlawful at that time

[jani1]

HO decision to refuse is correct and lawful. This was settled even in the supreme court. An invalid application will be treated as if such application never was made. The idea that HO failed to deduct the funds given you had insufficient funds was enough for the HO to lawfully reject your application as invalid. The fact that they tried again and you claim you had enough funds then becomes irrelevant. The rejection was lawful as there was no law at that time that required them to even try again. I do not see how you are going to demonstrate that the HO actions were unlawful at that time

Thanks Zimba for your reply.
The bank said that time they did not reject any payment and even no one try to take any payment on the date (4th May 2010 ) when home office claim they try to take 1st payment (but this is correct I have £100 pound less that time in my account)......Is there any benefit of doubt judge will give me when bank says they did not reject the payment?

If Home office letter state they reject or invalidate the application on 6th July not 4ht May 2010 [when they try to take 2nd time according to home office record (SAR)] when I have funds in my bank account then is there any chance or benefit of doubt judge will give me in this or above case


Kind Regards,
jani