urgent help need-please advice?

[POPY85]

my friend is a student depandand in uk.when her husband applied to extention his visa he sent her passport and id card and her baby id card on 16th feb/2010 whith his main application.their visa was expired on feb/2010.he mentioned his main application about 2 depandand but her husband were not aware that he need to fill up seperate pbs depandant application form.when he recieved bio-metric letter for him but not for her and baby ,than he phoned ukba and advised to fill up seperate pbs application form. he sent seperate pbs depandant application form on 11th march/2010.now home office refused her and baby visa and did not give right of appeal and said she need to leave uk as soon as possible.my question is he sent her passport on 16 feb/2010.still she had 12 days left her leave to remain.home office knew that she and baby will be illegal and will be overstay after 28th feb/2010.why home office hold her passport and id card for 12 days and there was enough time,why did not send her passport back within her leave so that she could valid apply for a student depanddant.i would be grateful if somebody advise what should she do now?thanks

[geriatrix]

It is the applicant's responsibility to ensure that the application(s) submitted are valid. The onus is on the applicant and not UKBA.


regards

[bb21]

Very little. If you're not given the right to appeal then unfortunately it is a very expensive lesson. UKBA sometimes seeks further clarification from the applicant if any question arises but they're not obliged to do so. It is up to the applicant that the instructions are followed and valid application is made.

Harsh but this is the way it is at the moment

[POPY85]

thanks sushdmehta and bb21 for your reply.i want to say her husband did not fill depandand form and did not pay for depandand fees, sent her baby photogragh,passport and id card with main application.this was totally irrelabent for this application. he recieved acknowledgement letter from home office.home office did not mention any thing wrong with this application.he thought every thing was all right.he paid £357 for his application.as he did not fill up depandand application form and did not pay for his depandand as a resposible office should have asked him what is the purpose to send his depandand photogragh,passport and id card which was totally irrelabent document for his application.in these circumestances can i get any discretion from home office please advice.thanks advanced for your advice.

[geriatrix]

in these circumestances can i get any discretion from home office please advice.

I don't think so, as UKBA was not at fault - you were / your husband was. IMHO, ignorance cannot be used as an excuse to blame UKBA for own mistakes.

Perhaps, you may wish to consult a competent solicitor.


regards

[POPY85]

Thanks sushdmehta for your reply.

[Kurshedalam]

Thanks sushdmetha for year reply.really exectlly same.she al ready phone ukba that she is seeking further legal advice.does it make any difference?thanks for advice.