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Hello, My wife and I recently submitted an indefinite leave

 
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  • Answered by:INC
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Hello, My wife and I recently submitted an indefinite leave to remain application with UKBA, which was in time and should had been straight forward. However I chose to pay via card (because I thought it would be quicker), and followed the UKBA advise of telling my credit card bank of the transaction about to take place and not to block it - however this caused them to do the opposite and block it the next day, then they cancelled it due to an apparent transaction a month before (despite being able to use my card numerous times after this transaction).

So I then sent new payment details the next day, and again just before her spouse visa expired, but these attempts had no effect and we have just received to whole application back with a letter explaining it is invalid as the fee wasn't paid.

Of course now my wife's visa has expired by 2 weeks today, so our plan was to re-submit a fresh application as quickly as possible, with an explanation of the problem that caused the initial application to be invalid, but I have some queries I hope someone could help with; Would there be any foreseeable problems re-applying under these circumstances, and when we do should we fill out a new application form dated on that day, or use the initial one dated in May? Also as her visa has expired is she still allowed to work, and if she's not allowed to work then on her earning box on the form should we put her usual earnings (when allowed to work) or nothing? Finally would it be best to provide our up to date finance details of the last three months (despite 2 weeks being past the visa expiry), or only finance details up to the visa expiry date, or just the finance details initially sent?

Hope someone could clarify this,
Regards

 

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Province/Country relating to question : UK

Submitted: 323 days and 4 hours ago.
Category: UK Immigration Law
Value: £43
Status: CLOSED

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Expert:  INC replied323 days and 3 hours ago.


INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, this is unfortunate, but not uncommon.

INC :

If you are submitting a fresh application, you should submit a new form as the one that your wife would have signed would now be quite old. Also, you should ensure that a new version of the form has not been issued.

INC :

Hi, technically, she is not allowed to work as her visa has now expired and she is an overstayer and in breach of the immigration rules.

INC :

With regard to earnings, you should state her previous earnings.

Customer :

so we should just state previous earning and say her work is on hold?

INC :

With regard to fnace details, these should be for the 3 months preceding the date of the new application.

INC :

Hi, yes, that is correct.

INC :

I hope this answers your questions. If so, kindly click ACCEPT.

INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Kind regards,

Customer :

ok thanks, just one final thing - would it be best to give photocopies of all documents including 'extra' ones such as previous passports, or credit card statements in relation to the payment problem?

INC :

Hi, yes most definitely. I would also suggest explaining the circumstances behind why the previous application was returned as invalid.

INC :

I hope this answers your questions. If so, kindly click ACCEPT.

INC :

If you wish to discuss, please feel free to ask further questions. Kind regards,

Customer :

Expert TypeSolicitor-Advocate
Category: UK Immigration Law
Pos. Feedback: 90.1 %
Accepts: 792
Answered: 7/2/2012

Experience: Ll.B, Pg.Dip LPC L.LM, Higher Rights Civil, M.B.A (Pending)

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