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:
APLLICATION OR CLAIM IN CONNECTION WITH IMMIGRATION
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.
CHANGES TO AP[PLICATION FORMS AND FEES
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: www.gov.uk/uk-visas-immigration
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.
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 www.gov.uk/uk-visas-immigration
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.
Temporary Migration Workflow Team
General Group Managed Migration Directorate.