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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3636
Experience:  English Solicitor and UK Immigration Law Expert
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Paid fees for an elderly dependent (UK) visa in India on 25th

Customer Question

Paid fees for an elderly dependent (UK) visa in India on 25th May but only submitted the paper application and biometrics on the 26th July. In the meantime immigration rules changed on 9th July. Will the application be considered under old or new rules?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Kindly. Confirm how did you pay the fees before submitting your application?

Kind regards
Customer: replied 1 year ago.

In India the UKBA collect applications and fees through a company called VFS. My mother (applicant), printed off the online application, made an appointment, went to VFS and paid the fee on 25th May. But they checked her application and asked her to collect a couple of papers, then bring it back.


 


It took her until 26th July to gather these papers and make another appointment to submit the paperwork.

Expert:  UK_Lawyer replied 1 year ago.
Thanks I you for your reply.

Yes I was wondering why the application was not submitted earlier. Her application will be considered on the new rules simply because she did not submit her papers before 9 July 2012. It does not matter when the fees were paid as the application was submitted after the rules change.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

Thanks for your prompt reply.


 


But the home office website at http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/


 


At the bottom of the page says that..


 


What is the date of your application if you are applying from outside the UK?



The date of your application is the date when your application fee is paid to us. This will be the date shown on your payment receipt, which depends on how you paid for your visa application - for example, at a visa application centre or online.


 


So is this incorrect?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes this would be the case had the application centre accepted the application and did not as for further documentation. The point to be noted is whether the ukba took all the documents and then gave you mother a letter stating that the application had been submitted and then asked you to submit further documentation.

In this case it seems that the application was not accepted as it was not complete. Therefore once all the documentation was collated the immigration officers accept the documentation and application once it was fully completed.

It may be the case that the immigration officer was nice enough to lodge the application being submitted on 25 may 2012. This is something which only the UKBA’s records will be able to determine. But from experience the UKBA’s date of submitting the application is on the date it is submitted.

If your mother submitted the application on 25 th may 2012 then a letter of receipt would have been sent out confirming her application being received.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

Thanks for the explanation. But are you basing your comment on law or just based on experience?


 


"based on experience" is informative, but does this make it legal and challenge-proof?


 


No the case officer wasn't nice enough etc. We don't get to meet case officers, but the agency staff collect and send to consulate.


 


But with


 


1. Such information about the date of fee being paid is the date of application on UKBA website


 


2. Nowhere on their website them stating that the actual submission date is the date of application


 


3. It wasn't the case that the application was not complete - they (not immigration officers but a collection company) asked for more info, which was not on any list


 


4. When they sent her away they gave no deadline or instruction in writing on when she should submit the application paperwork by.


 


Based on the above, IF they insist on this being considered under new rules, please could you comment on


 


a. Would we have grounds to appeal


b. Likelyhood of winning the appeal


 


Many thanks


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The fact is that yes strictly speaking the case should be submitted on the date the fees were taken. But as the application was not submitted on that date it all depends on when the application was stamped received.

A) grounds for appeal will be based on documentary evidence. It will be difficult to proved when your application was submitted unless you have a stamped receipt confirming the date of submission would be strong evidence. The main issue here is that the ukba did not accept documentation on 25 may 2012, the application was submitted on 26 July 2012.

B) As already mentioned it is all dependent on what the refusal letter will state and the date they deemed the application submitted. It would all be dependent on when the ukba accepted receipt, as the fees and the application are usually taken at the same time.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.
Relist: Answer quality.
The question was about a specific issue and expert gives generalised answers without citing any evidence or caselore.
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

I am happy to deal with your UK immigration law issues.

I disagree with my fellow expert, the date of application is clearly the date the fees are paid and your application should be considered under th old rules before the 9th July changes.

If not, you have good grounds for appealing.


Thank you
Customer: replied 1 year ago.

Thanks. But I just learnt that the immigration case officer has written asking for the "new" form to be filled-in. Which obviously means that they are looking at this under new rules (which came after the fees was paid, but before the forms were submitted)

 

Is it wise to fill-in the new form (which means gathering new evidence, going to more stringent criteria) or insist that they have to look at it under the old one?

 

Also, do you have any evidence in law or case lore to substantiate your answer?

 

Many thanks

Expert:  UKSolicitorJA replied 1 year ago.
I would insist that the application is dealt with under the old rules and you should insist that they use the old form which you submitted.

It is a matter of fact, your visa feeswere paid before the new rules came into force, there is no evidence issue here.

All the best-please leave feedback
UKSolicitorJA, Solicitor
Satisfied Customers: 3636
Experience: English Solicitor and UK Immigration Law Expert
UKSolicitorJA and other UK Immigration Law Specialists are ready to help you

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