Set(O) application rejected due to wrong form

Kiwichap · Post by **Kiwichap** » Sat Dec 01, 2012 10:03 pm

Hi. Hoping I can get some guidance from this great community!!

I applied for my Set(O) ILR around 11 weeks ago (I have been in the UK for 5 years originally on HMSP then more recently Tier 1) and today received all my documents back with a letter saying I have used the incorrect form (an older version) therefore my application is VOID and my fee will be refunded and I can re-apply again with the correct form.

Firstly I have no idea how I applied with an old version of the form as I downloaded it from the Home Office site, but this is not why I am posting this message.

My concern is that I sent my application before my Tier 1 Visa expired but since then my visa has lapsed.

I have no idea what my current visa status is.. can I keep on working?? I am concerned I am going to have to leave the country to re-submit.

I have quickly found a Premium Service appointment in Glasgow (I live in London so will fly up as I want this sorted URGENTLY) but is this all a waste of time? I don't want to fly up there to be told I cannot use the premium service due to my "expired visa" and then get kicked out of the country.

My wife is English (and expecting), we have been married nearly a year and I assume SET(O) is the right process to follow (as my visa status has never been linked to her).

I am really starting to stress... Hopefully I can get some great advice/direction from you all.

Cheers
Kiwichap

kfq220 · Post by **kfq220** » Sun Dec 02, 2012 12:16 am

Hi
were u applied under the Hsmp judicial Review Migrant criteria ?

Kiwichap · Post by **Kiwichap** » Sun Dec 02, 2012 9:55 am

Hi.

No just under the regular criteria. It was not a HSMP judicial Review application.

madhumesh · Post by **madhumesh** » Sun Dec 02, 2012 10:07 am

when did you received your rejection letter, how much elapsed since then?

Kiwichap · Post by **Kiwichap** » Sun Dec 02, 2012 10:38 am

Rejection letter received yesterday (Saturday 1st December 2012). So time elapsed since receiving letter not yet 24hrs. (Assume you mean time lapsed since receiving letter not time of Visa being elapsed)

Post by **Greenie** » Sun Dec 02, 2012 11:14 am

When did you leave expire?

What version of the form did you use and on what date did you submit your application?

Kiwichap · Post by **Kiwichap** » Sun Dec 02, 2012 11:31 am

Hi.

My leave expired on the 14th September 2012.
I applied Monday 10th September 2012.
I received my confirmation letter on 13th September 2012.

The form I used was Version 04/2012 (The latest version is now 07/2012). No idea how I submitted the wrong form as I just would have used the homeoffice website. I printed it on the 3rd of September so I didn't print it months ago and leave it sitting around.

Hoping I can just fly to Glasgow and use the premium service (but not sure if I can).

Thanks

Post by **Greenie** » Sun Dec 02, 2012 11:47 am

Are you absolutely certain that you downloaded the form on that date from the actual ukba website? It seems very odd that you would have downloaded an old version of the form two months after it became out of date.

You will be considered an overstayer from the date you are deemed to have received the notice of your application being invalid (see para 6 of the immigration rules, and search for overstay) http://www.ukba.homeoffice.gov.uk/polic ... roduction/

You could try Glasgow but they may or may not consider your application. If you are positive that you downloaded that form in September then you could argue this point with them (do you have any evidence of this?) the alternative is to resubmit by post within 28 days of receiving the rejection letter. Make sure you send up to date evidence (equally you should take up to date evidence with you to Glasgow). Note if you send by post you won't be able to work legally until the application is decided.

Kiwichap · Post by **Kiwichap** » Sun Dec 02, 2012 11:58 am

Hi Greenie.

Yes 100% positive I downloaded it from the website. I'm not even sure where else you are able to find the form.

So even if I re apply via post/mail I wouldn't be able to work while it my case is being decided? (probably around 6 months)...

Do you know the best place to get advice from. I assume calling the homeoffice "help line" probably won't get me anywhere.. but might be worth a try, or legal advice etc?

Post by **Greenie** » Sun Dec 02, 2012 12:17 pm

There are some so called advice websites that have been known to have the forms downloadable from there-which is why i asked whether you are certain you downloaded the form from the genuine ukba website.

Yes you may wish to seek legal advice in particular if you believe you downloaded
the old form on that date and wish to argue that your application should not be considered invalid. In what area of the country do you live?

Kiwichap · Post by **Kiwichap** » Sun Dec 02, 2012 12:21 pm

UPDATE:

I've just noticed on the front sheet of my application form (that the UKBA returned to me as void)at the footer where the version date is stamped on each page it says Version 07/2012! Yet the header in the top right says Version 04/2012 they don't even match!

How can the header and footer not match on the same page with the same versions!

This just doesn't sound right...

(I live just out of London in Berkshire in answer to your question)

Post by **Greenie** » Sun Dec 02, 2012 1:08 pm

Can you post a scan of one of the pages?

Kiwichap · Post by **Kiwichap** » Sun Dec 02, 2012 1:39 pm

I will try and get a scan done and post it up so you can see.

Kiwichap · Post by **Kiwichap** » Sun Dec 02, 2012 7:44 pm

Hopefully you can access this image (or right click and open link):

http://img823.imageshack.us/img823/1685/hp000121.jpg

Basically look top right under SET(O) you can see it states Version 04/2012.

Then look at the bottom of the page, it states SET(O) Application Form (Version 07/2012) - Page 7

Conflicting versions...

Note: It has version 07/2012 on all the pages of my application.

madhumesh · Post by **madhumesh** » Mon Dec 03, 2012 1:53 pm

This is really weird, certainly if it was an issue from ukba their must be more cases and they may be aware of the issue, you immediately write to caseworker stating this situation, he may accept your current application back which will not result in you being over stayer.

Post by **Greenie** » Fri Dec 07, 2012 4:52 am

Sorry i missed your latest reply. It definitely seems there was a problem with the form on the website and i have seen two other threads now where the application has been rejected for using an old version of the form when the form used was 07/12.

I think you have two options, you could just send the application back to the address on the rejection letter pointing out the problem on the form and stating when you downloaded it (make sure you keep a copy) or you could attend you Peo appointment and take the rejected form with you. I would also refuse to pay the fee and ask them to look into it.

rneeta · Post by **rneeta** » Tue Dec 11, 2012 8:42 pm

HI
it appears something is wrong with their form as it can not be two things in footer and header.

If you see every time they change the form it says on the webpage that " in line with paragraph 34I we will continue to accept the application made on previous versions within 21 days of (if changed on 14 june they accept old version till 5th July). If you form is not more than 21 days old, they should accept even though it is not the current version.

You may want to write to them that it is unlawful to invalidate the application. As your visa has already been expired PEo may not accept your application. does the letter say re-apply?

Regards
Neeta

tipu20 · Post by **tipu20** » Tue Dec 11, 2012 10:47 pm

Hi
This was the problem with form on ukba website, I have reported it to ukba and it then got corrected

See the topic http://www.immigrationboards.com/viewto ... highlight=

Regards,
Tipu

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Set(O) application rejected due to wrong form

Set(O) application rejected due to wrong form