UK visa applications can still win right to appeal if the card fails at home office

Applications turned down as invalid for non-payment of fees may be reinstated on appeal - the case of Basnet in the Upper Tribunal

It is on the home office to prove that enough measures were taken to process the payment made by the applicant. If the credit/debit card used fails to provide them with the payment, the application must be returned and the applicant must be provided with a fair chance to re-apply again with fresh details despite the current leave to remain being expired. An applicant is considered legal as far as he applied right in time. Intention of applicant is observed as to re-apply, which he does, but the card or payment method failed, which is not an error from the applicant. Thus, the applicant should not be penalised.

In the case of Basnet (validity of application - respondent) [2012] UKUT 00113(IAC), the Upper Tribunal has made very helpful comments on the appeal procedure in relation to cases where an application is rejected by the UKBA as invalid for lack of payment and  the right of appeal is disputed.
The general rules is that there is no right of appeal against a decision to reject an application as invalid.  The standard procedure is to challenge such decision in High Court by way of judicial review.  However, judicial review does not always provide the necessary remedy. In many cases, the only adequate remedy may be guaranteed by the exercise of the right of appeal.
Thus, where the Home Office rejects an application for an alleged failure to make a payment, the burden of proof is on the Home Office to demonstrate that attempts had been made to claim the payment in accordance with the information provided on the application form, and that failure to take the payment was not due to a technical failure or human error.
Where the Home Office is unable or unwilling to provide such information, the decision to reject the application is to be treated as a refusal to issue further leave to remain, and the right of appeal arises in accordance with the general rules on the right of appeal against an "immigration decision".
Duty judges are now required to make preliminary directions requesting the Home Office to provide evidence supporting their case.  Where such evidence is not provided, the Home Office is to be treated as having failed to discharge the burden of proof and the Appellant has the right to bring his case for a hearing at the First Tier tribunal.
Mr Justice Blake commented on procedural unfairness of the current  practice of rejecting the applications without giving the applicant a chance of rectifying a problem.  It is expected that the judgment will bring light into the kingdom of gloom and that new and fairer procedure rules will follow


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Tier 4 UK student visa registered institution & Biometric card

UKBA and Biometric card

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/registerofsponsorseducation

* This list of registered sponsor institutions in the UK to claim 30 points keeps on updating constantly. You need to check the link each time before making the application to the Vfs-UK in India. This is help to know if the college or university is taken off the sponsor list or not. If so, you need to change the institute in order to save your application from a refusal.


This is a list of organisations licensed to sponsor migrants under Tier 4 of the Points-based System. It shows the organisation's name (in alphabetical
order), the tier(s) they are licensed for, and whether they are HTS, A-rated, B-rated or Legacy against each sub-tier.  Legacy sponsors cannot sponsor
any new students. They can continue to sponsor existing students who are already studying with them until either they finish their course or until
their licence expires, whichever happens first. A sponsor may be licensed under more than one tier, and may have different ratings for each tier


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Visa Appeals Out of time

The visa appeals if lodged after the deadline will be deemed as out of time appeal and thus, the candidate might lose a chance of him to represent his case to more learned Judge than the Entry clearance officer.

If there are any out of time notices served, there is still an avenue you can use a legitimate reason for its acceptability by the First tier court.

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Changes to the applications from Overstayers

From 1 October 2012 if you have overstayed your leave by more than 28 days any application for further leave will be refused. This change in the Immigration Rules will affect applicants applying for further leave under:

1. The points-based system;
2. All working and student routes;
3. Visiting routes;
4. Long residency routes;
5. Discharged HM Forces; or
6. UK ancestry routes.
7. This change is in line with the new immigration rules coming into effect for the family migration route from 9 July 2012.

If you have limited leave to remain you must ensure you apply to extend your leave, if needed, in time. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa.


From 1 October 2012, applications for further leave to remain under the Points Based
System will fall for refusal if you have overstayed for more than 28 days on the date of application, unless there were exceptional circumstances which prevented you from applying within the 28 day period.  The 28 day period of overstaying is calculated from the latest of:
• the end of the last period of leave to enter or remain granted,
• the end of any extension of leave under sections 3C or 3D of the

Immigration Act 1971, or

• the point that a migrant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an intime application for further leave to remain.
If there are exceptional circumstances which prevented you from applying in time you must submit evidence of the exceptional circumstances with your application.  The threshold for what constitutes ‘exceptional circumstances’ is high and will depend on the individual circumstances of the case, but for example may include delays resulting from unexpected or unforeseeable circumstances such as the following:
• serious illness which meant that you or your representative were unable to submit
the application in time (where supported by appropriate medical documentation).
• travel or postal delays which meant that you or your representative were unable to submit the application in time.
• inability to provide necessary documents.  This would only apply to exceptional or unavoidable circumstances beyond your control, such as UK Border Agency being at fault in the loss of, or delay in returning, travel documents, or delay in obtaining replacement documents following loss as a result of theft, fire or flood (where supported by evidence of the date of loss and the date replacement documents were sought)

If you have overstayed your permission in the UK for any specific reason, kindly elaborate. There may be a way that we can help you.
Although there is a limitation if you have over-stayed on your Visitor/Tourist visa.
Ukvisasguidance@gmail.com

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