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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My son is British so were his father and grandfather. He married

Resolved Question:

My son is British so were his father and grandfather. He married a Flipino girl in January 2012 and they have a baby son nearly 1 year old.

She applied for remain to stay but somehow the cheque for the fee of £587 was not signed and the passport office invalidated her application and sent her passport to the local enforcement office. She is asked to leave UK within 14 days otherwise will be deported.

It was a genuine mistake and both my son and my daughter in law are hardworking people. They never took a single penny of benefit. If she is deported, he will not be able to work for having to look after the baby and then he has to go on benefit.

It is so cruel to split up a mother and baby and put such financial strain on them.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

Sorry to hear about this. Now long has she lived in the UK and what visa did she have? When did it expire? What did she apply for?
Customer: replied 2 years ago.

She has lived in the UK for 5 years and 3 months , 3 years with student visa , 2 years and 3 months with spouse visa( leave to remain). The leave to remain visa expired on14 feb. 2014, but an application was made on 30 January 2014 to applied for indefinite leave to remain. It was rejected due to an unsigned cheque.


Grounds for rejection:


Thank you for your attempted application for leave to remain in the united kingdom

For the reason set out below, your application is invalid and we are returning the application form and documents received from you. Please read this letter to ensure that you understand what you need to do in order to make a valid application.

An application to leave to remain in the united kingdom was made on your behalf on 31 January 2014.However, your application has been deemed invalid and you no longer have any known basis of stay here. Your leave to remain has expired and a such you will be liable to be removed from the UK.

Your documents has been transferred to your local enforcement office. You must now contact them ( between the hours of 9am and 5pm, Monday to Friday) be telephone them on XXXXXXXXXXX within 14 days from the date of this letter at the latest to discuss your departure from the UK. We advised not to refrain from making any travel arrangements until you have discussed your case with your local enforcement office who will arrange to obtain your documents.

Should you fail to leave enforcement action will be taken against you.


Please note that with effect from 6 April 2013, the fees for the purpose of your client's application have been subject to an increase. Application made on or after 6 April 2013 will need to be accompanied by the new fee, even if made on the current version of application form. Please visit our website: for further information.

The Immigration and Nationality (Cost Recovery Fees) Regulations 2011 and the Immigration and Nationality (Fees) Regulations 2011 specify the fee which ( subject to a small number of exceptions) is to be paid in connection with the application for the purpose for which you have applied. The fee specified for an application made on this basis is £578. If an applicant does not pay the specified fee, his or her application is in invalid.

The specified fee has not been paid in connection with your attempted application which you made by post on 31 January 2014. We do not consider that an exception to the requirement to pay the fee applies in this case, and therefore your application is invalid and we are returning your documents.

The passage next to the box ticked below provide more detail about the failure to pay the specified fee and the steps you should take to ensure that you make the correct payment when returning your application.

...Although the payment page has been completed , the cheque has been signed and we have not been able to process the payment. The fresh application should be returned to the address given on the application from.

You can obtain forms fro our website at

Making a valid application, that is , one on the correct form which complies with the above requirements does not guarantee the application will be successful. The application will be considered on its own merits and where appropriate , in accordance with the Immigration Rules and published policies. If your require further advice about your eligibility under the Immigrations rules, please visit our website at

If you still wish to make an application, you must return your fully completed application form with appropriate fee to the address given on the application form.

Yours sincerely


Temporary Migration Workflow Team

General Group Managed Migration Directorate.
Expert:  UKSolicitorJA replied 2 years ago.
Thanki you,

I would suggest that the application be lodged again with payment, she should be fine as long as the application is lodged within 28 days of 14 Feb 2014.

Hope this helps
Customer: replied 2 years ago.

She cannot reapply as they did not return the passport. The passport had been sent to the local enforcement officer.

Expert:  UKSolicitorJA replied 2 years ago.
She can re-apply and explain that her passport is with the Local Enforcement officer. The Home Office will get her passport back to be considered with the fresh application.

She should re-apply as soon as possible.

Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much. Kind regards Catherine

Expert:  UKSolicitorJA replied 2 years ago.
Welcome and good luck

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