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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
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Experience:  English Solicitor and UK Immigration Law Expert
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Hi there. I applied for my Tier 1 general extension at the

Customer Question

Hi there. I applied for my Tier 1 general extension at the beginning of January. My old visa expired on the 20th of February. I received a letter form UKBA on the 22nd of Feb stating that my bank had declined the payment and therefore i needed to submit a fresh application. I submitted a fresh application on the 23rd of Feb with a cover letter asking them to consider this as I contacted the bank beforehandd to inform them of this payment and alos included a statement showing them that there was sufficient funds available at the time that they tried to take the payment of my account. I understand that this is now an out of time application and that I am an overstayer. I left work onthe 23rd as well as I know I lost the right to work in the UK. I completed my biometrics, but wanted to know what the chances are of this application being successful. I meet the points required and submitted all the relevant documents. If this is refused, are there any options for me to appeal?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am happy to deal with your UK immigration law issues. Have you asked your Bank why they refused payment?

Thank you
Customer: replied 2 years ago.

Yes I contacted them immediately and they said that it may have been part of their normal fraud prevention measures. I specified this on the cover letter and also stated that I had contacted the bank to inform them that this payment was going to come through.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

Unfortunately, the matter will now be at the discretion of UKBA as it is the applicant's responsibility and problem to ensure that the payment goes through, not UKBA's.

As payment was not taken in time, you are technically an overstayer as your application is not deemed to have been made before your visa expired, as you have picked up.

You will be advised if you have appeal rights if your application is refused, until you receive a decision, we are merely speculating as discretion could be exercised in your favour.

Hope this helps
Customer: replied 2 years ago.

Thank you for the answer, but this does not tell me anything more than I have already said to you. I was hoping for more information on similar cases and what the outcomes were for these cases.

 

I hope that the money is not deducted off my account for this answer as it is not satisfactory.

Expert:  UKSolicitorJA replied 2 years ago.
To clarify, your application is invalid if it does not contain payment of the whole fee, this includes payments rejected by the applicant's bank which will also make the application invalid.

The UKBA guidance states: "You must send the full amount to cover the total cost of your application. If you do not do this, your application will be invalid and will not be considered. We will return your application (and part payment) to you."

It is therefore up to the UKBA whether or not to exercise discretion in your favour. They do not give out information on individual applications where they have exercised such discretion and cases where they have refused discretion in line with the above policy. The UKBA are pretty inconsistent in this regard.

Hope this clarifies. Please click Accept




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