UK Immigration Law
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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.
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?
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.
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
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?
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