application fee declined 2nd application after visa expired

[kashifmania]

Yes. They have to prove that your initial in-time application was invalid.

Hi Vinny, by invalid application do you mean the fee part or the documentation part of the application? and what if there was a mistake in giving the card number from my side?

Yes. However, if it was your error on your side, then they were correct in declaring the application as invalid.

thanks Vinny, sorry if I had asked this before but what is my current status? Am I classed as legal in this country or not? And if I can't work as an employee/employed by a company can I do business contracts and work for my company as a Director?

[Lola22]

Hello kashifmania,

Your case have been addressed in all the post. Please, go back and read them all again.

If you are relying on your first application, the onus is on you to prove that you made an effective payment as required. If you can prove it, fine but for the meantime, you will not have "right to work". You should seek for Judicial Review and get a good solicitor to help you.

You have to focus on getting your legal status back first.

Goodluck.

[kashifmania]

Hello kashifmania,

Your case have been addressed in all the post. Please, go back and read them all again.

If you are relying on your first application, the onus is on you to prove that you made an effective payment as required. If you can prove it, fine but for the meantime, you will not have "right to work". You should seek for Judicial Review and get a good solicitor to help you.

You have to focus on getting your legal status back first.

Goodluck.

Thanks! Can I go for a judicial review while my application is under consideration/process or do I have to wait till the HO has made a decision?

[Lola22]

Please, speak to your solicitor, he/she will explian the procedure and will tell you what to do if they do not hear from UKBA.

Good luck.

[kashifmania]

Please, speak to your solicitor, he/she will explian the procedure and will tell you what to do if they do not hear from UKBA.

Good luck.

Hi my visa got rejected with no right to appeal as when I submitted my 1st application the payment didn't go through and the 2nd application was submitted after the visa expiry. My solicitor is suggesting that we should go to the tribunal to "sit for an appeal" once we get that we can defend the rejection reasons which are mostly very silly. Kindly suggest what is best for me? And what is my current status? As I don't want to solely rely on my solicitor's advise.

[vinny]

Assuming that you did not make a initial payment error, then, as previously suggested, you should have submitted an in-time appeal, citing Basnet, and let a judge decide on your rights of appeal. Now, you also have to explain why your appeal is very late.

[Lola22]

Made payment error on first application, application returned as invalid and submitted the 2nd application after leave expired, 2nd application refused with no right to appeal.

kashifmania,
Going to the tribunal to get a "right to appeal" in this case might be stricky. On what basis will you be doing that and what proof do you have? This proof must be strong enough to challenge the decision. If you do not have any strong grounds, please, just seek for judicial review. Also, the earlier, you can identify what to do the better to be able to get responses or hearing date in time.

Why was your second application refused? At this stage, you have lost your right to work, so you should stop working as soon as possible.

Good luck.

[vinny]

The burden of proof that the application was invalid is on the UKBA (27).

[Olasunkanmi]

@ kashifmania, have you been able to prove that Home Office failed to process your payment during your first application. You can do this by contacting your bank and asking them to confirm if any attempt was made for payment from your account between the period your first application was with Home Office.

If you can prove this then, Home Office might reinstate the condition of your previous leave before your visa expires.

[vinny]

Hi my visa got rejected with no right to appeal as when I submitted my 1st application the payment didn't go through and the 2nd application was submitted after the visa expiry. My solicitor is suggesting that we should go to the tribunal to "sit for an appeal" once we get that we can defend the rejection reasons which are mostly very silly. Kindly suggest what is best for me? And what is my current status? As I don't want to solely rely on my solicitor's advise.

my visa got rejected with no right to appeal as when I submitted my 1st application the payment didn't go through and the 2nd application was submitted after the visa expiry.

what were you waiting for?