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Delivering The Ilr Applicaiton To Durham In Person


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#21 Victoria

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Posted 30 December 2012 - 05:51 PM

In my experience they have not.



#22 pozsonyi

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Posted 30 December 2012 - 07:27 PM

In my experience they have not.

Do you mean to say that you have personal experience when you, or a client of yours, tried to hand deliver a package to an address given by UKBA for courier deliveries and acceptance of the package was refused?

If that is the case your experience is clearly out of date in view of the OP's experience a few days ago.

#23 SteveG

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Posted 31 December 2012 - 12:09 AM

the fact remains that hand delivered applications are accepted


There is no official guidance to say that hand-delievered applications are accepted. The forms specify that they should be posted (or use the PEO). If prospective applicants are searching these forums and they see your posts which say it's perfectly ok to hand-deliver applications they may find themselves in a mess after going to the expense of travelling to hand-deliver, not getting any evidence of receipt of the application and then their application is lost or misplaced by UKBA.

The most official evidence from the UKBA is (in this example, using form SET(M))

How do I apply?

You must complete the form in block capitals using a black pen. Please enter all dates as dd-mm-yyyy (for example, 29-04-2000).
You can make your application:

  • in person through the settlement checking service; or
  • by post; or
  • in person at one of our public enquiry offices.


Nowhere does it say that hand-delivery is permitted. Sometimes the UKBA doesn't follow usual practices or policies - just because the OP may have had such an experience, this does not mean that everyone will be treated the same way unless the UKBA has a specific policy document to say that they will.


Hand-delivering is not the way things are done and, if the UKBA approved of this then they would say so on their forms. It simply isn't worth the risk and most importantly,......

As the date of application is the date of posting, an applicant who posts on the same day as their visa expires will be fine. Hand-delivery is NOT required and could cause more difficulties.

Having a debate about something that really is irrelevant will cause confusion.

PS. If quoting dictionaries solved things, there would be far fewer cases before the courts. See http://en.wikipedia...._interpretation

Edited by SteveG, 31 December 2012 - 12:15 AM.


#24 pozsonyi

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Posted 31 December 2012 - 08:19 AM


the fact remains that hand delivered applications are accepted


There is no official guidance to say that hand-delievered applications are accepted.


Equally, there is no official guidance that hand delivered applications are not accepted.

Certain applications, and by certain applicants, can be delivered by courier, e.g. SET(O):

Applications made on this form as a businessper-
son, innovator, investor, self-employed lawyer, Tier 1
migrant or Tier 2 migrant may be delivered by courier
at the following address ....


There is little point in hand dleivering applications - there is no disagreement about that for the reasons expounded at length in earlier posts.

However, the fact remains that applications can be hand delivered if courier delivery is allowed, as confirmed by the OP - and also by common sense. with or without reference to the dictionary. I think it is quite likely that the people receiveing the package would sign a receipt if one is presented to them by any messenger (incl. the applicant), in the same way that they will sign for a package delivered by a commercial courier.

#25 pozsonyi

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Posted 31 December 2012 - 08:24 AM

. Don't try to be clever by quoting the bloody dictionary!


please observe the Terms of Service::

Prohibited Items:
II. Personal attacks, name-calling, or belittling another member.
III. The use of profanity at any time.

#26 Summertime

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Posted 31 December 2012 - 08:39 AM

Durham is a payment processing centre and not a UKBA office as such. I would not rely on what this receptionist, who doesn't work for UKBA, says is OK.

Paragraph 34B of the Immigration Rules specifies the ways an applicant can deliver an application to the UK Border Agency.
Most applications can either be sent by prepaid post or by applying in person at a public enquiry office (PEO). The exceptions to this are listed in paragraph 34B (i) of the rules. Examples of applications that cannot be made at a public enquiry office include:
 applications for indefinite leave to remain as a victim of domestic violence  applications for leave to remain on the basis of long residence.
Because these types of applications are complex, the UK Border Agency cannot provide a same day, premium service. For more information on which services are provided at PEOs, see related link: What services are available at PEOs.
If a PEO cannot process an application that can be accepted for the same day service immediately, they can still accept the application and pass this on to a casework team for a decision.
If before the fee is taken the PEO decides a decision cannot be made on the same day, they must advise the applicant that they have the option of making a postal application and paying the lower fee.
Paragraph 34B(ii) of the rules confirms which type of application the applicant can send by courier. These are mainly employment routes but Tier 4 applications can also be accepted on a case by case basis.
All specified application forms and associated guidance notes state how an application must be made. If an application is made in any other way, you must reject it as invalid.

http://ukba.homeoffi...pdf?view=Binary

The guide says here http://www.ukba.home...idseto04091.pdf :
send the application by prepaid post or, if permit- ted, by courier to UK Border Agency, or make it in person at a Public Enquiry Office if the premium service is available.
If you fail to do any of these things, your application will be invalid and we will return it to you. This could result in the loss of appeal rights if your permitted stay has run out by the time you make a valid application.

The permitted delivery methods are also in the immigration rules:

http://www.ukba.home...ionrules/part1/

(ii) an application may be sent by courier to the United Kingdom Border Agency of the Home Office if it is an application for:
(a) limited or indefinite leave to remain as a sole representative, retired person of independent means or as a Tier 1 Migrant or Tier 2 Migrant;
(B) limited leave to remain for work permit employment, as a seasonal agricultural worker, for the purpose of employment under the Sectors-Based Scheme.
© Indefinite leave to remain as a businessperson, investor or innovator, or
(d) limited leave to remain as a Tier 5 (Temporary Worker) Migrant.

http://www.ukba.home...t-form-main-app

And above is a link that describes the Durham office as a payment processing centre.

#27 pozsonyi

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Posted 31 December 2012 - 09:40 AM

The OP applied for an extension of his T1G leave. It is stated on the form that applications can be sent by courier to:

UK Border Agency
Tier 1
Millburngate House
Millburngate
Durham
DH97 1PA

The question under discussion is not whether the application can or cannot be be sent by courier, or who the receiptionist at Millburngate House works for, but whether a package can be delivered by anyone or only by a commercial courier company. It is about the interpretation of the word "courier" on which to my knowledge there is no guidance in the Immigration Rules or any other UKBA publication.

The above address may well only be a payment processing centre but this only means that payment is processed before the application goes to a caseworker.It doesn't alter the fact this this is the address the application has to be delivered to by the courier.

#28 Susi

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Posted 31 December 2012 - 10:19 AM

The legally qualified members on the board are quite rightly advising members not to take the chance. Unless anyone has anything 'ground-breaking' to contribute, I think it may be time to close the discussion.

#29 Victoria

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Posted 02 January 2013 - 06:34 PM

Steve, thanks. A welcome addition to the board!

Pozsoni - if you think that was a profanity, you should sit in my office one day! i swear like a navvy, and that was me being polite.

You can of course report me to a mod if you wish to.

#30 Susi

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Posted 03 January 2013 - 09:40 AM

:)




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