Capita text on behalf of UKBA

[deepu1234]

Hi, I had applied for Intra company transfer long term visa extension in May 2013 as my visa expiry date was 29th Jun 2013. My biometric was done and submitted police DAT form by end of June. Then I received my degree certificate back in August from UKBA with a letter "based on the decision letter, please find enclosed your supporting documents. If you wish to leave country, please see instructions on the decision letter". But I didnt receive my decision letter yet.
Yesterday I got a text from Capita saying I am overstaying and have to contact them. When I rang them, they said I will be asked to leave as I am overstaying here. Afetr I informed them that my passport is still with UKBA and didnt receive the decision letter. They asked me to contactUKBA helpline. But UKBA helpline couldn't give me the status of my application as they didnt have the visibilityof it. They asked me to write a letter to UKBA home office asking for thestatus and decision letter.
Does this mean that my visa application has been refused ?
Does any of you have any experience like this. I am not sure when will I get a reply. Please let me know what should I do.Thanks in advance for any guidance.

[manci]

were you aware that if you applied to extend your leave beyond 3 years you had to score 10 points for English?

[deepu1234]

manci, yes I aware of claiming 10 points for English. As my degree was taught in English and could find from the points calculator tool that my degree and university are listed and eligible to claim. That was the reason I had to attach my degree certificate along with the application.

[manci]

I thought English could have been cause for a refusal, but it doesn't seem so.

Ignore Capita and send your letter by post and fax to:

UKBA, Home Office, PO Box 3468. Sheffield. S3 8WA
Fax: 0114 207 5865 or 0114 207 5869

You could also try phoning 0114 207 3110 to find out who the caseworker is who dealt with your application and then speak with him/her. Have a copy of your application to hand.

Check and make sure that they have/had your current address.

What is a "police DAT" form?

Your employer can also find out your current immigration status but the danger of doing this is that if UKBA say that your application has been refused, and you have not appealed, then the employer will not allow you to continue working.
http://www.ukba.homeoffice.gov.uk/sitec ... stform.pdf

[deepu1234]

manci, thank you very much for the info and guidance.
Police DAT form is something to do with police department to see if there are any criminal offences recorded in our name (may be it is only for particular regions).
Anywyas, I informed my HR also to be on the safer side, as end of the day they are responsible for my visa.
Will update here on further progress. Thanks again.

[vinny]

Hi,
Apologies for writting a long story here. It is a bit complicated case.
I was in UK from July 2010 on ICT long term visa and visa was running out on 29th June 2013. I applied for extension in May 2013 did other formalities like biometrics etc in June itself. I received my visa supporting documents back in Aug 2013 in a second class post. Later I received a letter from an agency called Capita in Sep 2013 saying I am overstaying in UK and has to leave the country immediately.
I informed them that my application is still with UKBA and havent received any decision from them. Then I sent a letter to UKBA asking about my visa extension decision and received my decision letter (again in second class post) from UKBA on 10th Oct 2013 stating that my visa has been rejected due to insufficient salary. But the decision letter had the date of 4th Jul 2013. My passport was still with UKBA. Then I contacted Capita and they asked me to book the flight tickets and provide them a copy of the tickets. Then I returned home on 24th Oct and they handed over my passport at the airport. There is no seal or any special note in my passport.
Before leaving UK, I wrote a detailed letter to UKBA explaining all these incidents.
Will I be considered as overstayed and does it stop me from applying for visa for next one year. Please let me.. Thank you in advance.

you have previously posted on this topic:
http://www.immigrationboards.com/viewto ... highlight=

The HO made their refusal decision on 4 July.

The matter hinges on you not receiving the refusal decision which normally would have been delivered a couple of days after the decision date.

Although when they returned your documents minus passport in August they did say that a decision had been made you did not inform them at that time that you had not received the decision letter. You only raised this issue when Capita got involved in September.

Unless the address on the refusal letter was incorect it would be difficult to prove that you haven't received it.

As you only left the UK on 24 October, unfortunately you have been overstaying for more than 90 days (counted from 4 July). By reference to Immigration Rule 320(7B) this is a reason for refusal of entry clearance and, since you left voluntarily, for a 1 year ban.
http://www.ukba.homeoffice.gov.uk/polic ... /rfl/rfl5/

You can continue corresopnding with the HO trying to convince them that you have not received the refusal letter, may be they will discover some flaw in the process on their side, however, this is likely to be an uphill struggle. One way of forcing their hand to look into the matter might be to make an actual application for entry clearance, for which of course you would need a CoS, but you would be risking a refusal. If the HO admitted that the fault was theirs the requirement for a cooling-off period would also have to be set aside.

Hi Manci,

Thank you very much for the reply and detailed information.
Is there any way I can contact UKBA to check whether I can apply before one year. I dont want another visa refusal in my name by applying before that. Please let me know.
Thank you
Sreenath

The only chance you may have for getting a visa before the 1 year is up if the HO review your case and find and admit that they have not posted the refusal letter on 4 July. You have already written to them, try emailing the caseworker:
firstname.lastname@homeoffice.gsi.gov.uk

[deepu1234]

Thank you again Manci. I will contact Ukba and will keep posted here.