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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Tier 1 Extension Payment declined Visa about to expire..

Resolved Question:

Respected Sir/Madam, I am in this country on a valid Tier 1 visa which is due to expire on 15-April-2012. My debit card got copied at an ATM machine the very same day when I applied for my extension to my Tier 1 visa  i.e. 19-March-2012. My bank blocked my debit card so it cannot be misused. But unfortunately I had already used the same debit card for my Tier 1 extension payment fees. I called up my bank on 1st april and they confirmed that they have declined the UKBA payment on 30th March 2012.  I havent yet received any acknowledgement letter from UKBA till now.
I wanted to know what all options I do have with me and can I apply again after 15-April-2012 and if somehow my documents come to me back late from UKBA. 

Will I be classed as overstayer ( Do I need to fill in D section of the application form) and what is the success rate of reapplying again in country. 

The bank has already provided me a letter stating that it was because of debit card fraud and not because of me that the debit card was blocked. And last What is I need to make sure to submit next time if I apply for extension again in country. Any help in this one will be of really great help. 

 Thanks and regards , 

Vijay 

 Optional Information: Province/Country relating to question : United Kingdom Already Tried: Nothing..
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Have the UKBA confirmed in correspondence that your application will be returned to you?

Or have they simply told you this by telephone? Did they acknowledge the difficulties with your card?

Are you able to tender the application fee once your documentation has been returned to you?

Kind regards,

Tom
Customer: replied 2 years ago.
Respected Sir ,
The UKBA telephone representatives hasn't given any clear response to my query but they kept on saying that you MAY apply again. The UKBA hasn't responded yet to my application. I haven't still received anything from them. I don't think they are aware of any problem about what happened to my card while my application was with UKBA. I just got information from my bank that they declined the UKBA payment on 30-March-2012 for 1000 GBP.

I am 100% competent enough to pay UKBA in full once I receive my application back. I am more worried about my status in the country and my legal rights.I am a permanent employee getting a good salary here and pay 40% taxes and full council tax. The more worry some thing is that I have a personal Loan here from my bank which I used for my vacations in Europe and I am also bound to my home rental contract. I have multiple other telephone, TV contract here with me which everybody else have. If I don't know something happens I will be completely destroyed paying back all these and then going back to my country again to start from scratch.

Any previous experience of yours in similar cases will be really helpful. If you can advise me what all I can do to make sure that nothing goes wrong next time ( If I have the legal option to apply again). I also want to know is the 28 days after visa expire rule applies to me and if this rule is mandatory or depends on the case officer descrition. And what all can I do if UKBA somehow ignores the problems I faced and dont use discretion.

Your advise on this will really help me a lot sir.

Regards ,
Vijay
Expert:  Thomas replied 2 years ago.

Hi
Thanks for your reply.
The basic position is that if a person leaves the UK within 28 days of the date of the expiry of their visa then they will not be regarded as a overstayer for the purposes of future applications made from outside the UK.
However it does not change the fact that up to the point at which they leave the UK they do not have leave to remain in the UK. Thus, the UKBA would be able to reject any application made within the UK after their visa has expired.
The UKBA does have discretionary powers to allow applications made out of time. You will have to argue that they exercise these discretionary powers in your case.
I appreciate that it is obviously completely out of your hands, but the UKBA’s position is that you are responsible to arrange payment. Therefore, there is no automatic privilege afforded to you which will mean that your application will certainly be considered. However, in my experience if the application is otherwise free from defects and you are able to show evidence of the circumstances outside of your control which led to the problem then they will usually consider the application.
You cannot apply until your documents are returned. You must do so as soon as they are though. You should draft your covering letter to the application now, explaining in detail your circumstances and asking for them to exercise their discretion on the basis that you are valuable addition to the resident labour forces, have not claimed public funds and are a higher rate taxpayer. Where they ask about overstaying on the form your should put “refer to covering letter” and explain your position.
On this basis, you should be okay.
If your application is rejected a second time (for whatever reason) and you are forced to leave the country then you will obviously be in the UK past the 28 days period, but provided that you keep evidence of the second application and when it was rejected then you should be able to use this as an argument as to why this should not be regarded as an overstay.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.
Respected Sir ,
I am definitely going to accept your answer. I am really satisfied with your response. My last question is that can I apply in PEO after my visa expired or can I only apply by post. Secondly should I use a solicitor to file for my new application. Will that be a more safe way rather than applying again myself.

Regards ,
Vijay
Expert:  Thomas replied 2 years ago.
Hi,

Using a solicitor is better than not using a solicitor, but if you are completely satisfied that you meet the eligibility criteria and that you have sufficient supporting documentation to evidence that fact then it's is not essential.

Given that you do not wish to receive a further rejection to unduly complicate matters you may decided to have it checked by a solicitor but then this would burn more time.

I believe you can apply in person, but you would have to check with the UKBA directly to confirm.

Trust this clarifies, please click accept

Kind regards

Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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