Utter disaster- perfectly prepared FLR(M) sent in, got back linvalid letter

Hi guys, apologies if this is rambling, I'm in a state of shock right now. Not even sure if anyone on this board can help me but on the slight chance thought I'd post.

I've lived in UK last 6 years on a Tier 4. Applied for a FLR(M) just before my Tier 4 expired. I got a letter today saying our  visa application is invalid due to us not sending:

-valid photographs
-the declaration from spouse
-my (the applicant's) original passport
-3rd party permission declaration

These documents absolutely were included. 110%. They were triple checked. We then took photos of the actual documents (not just scans- photos of each page of the application binder). We then drove to post office and next-day delivered it.
Not only were each of these documents included, the entire application was immaculately presented and had been checked by lawyer. There was a detailed cover letter that started with an index of every single document in the binder. Each document in the binder (was in a clear slipsheet with the index number written in permanent marker). The application was "idiot proof" we thought- painfully clear what was there and how to find it.

Now, if they had said ANYTHING was missing other than my passport, this shouldn't' actually be an issue. Literally everything else we could get another original or stamped/signed copy etc. But they are saying that I have not sent my passport, and that I have to send it within 10 working days (the original- not a copy or temp), or my application is invalid, I will be an over-stayer, and will have to leave at ASASP. No appeal etc as that requires a valid application to have been submitted.

Now, I've lived here 6 years. My partner and I are settled. We have tons of responsibilities including pets and horses. My entire life is here and family. My career is very tied to London and I have absolutely no idea where I would live or work in the USA. It would essentially de-rail my entire life, break up our family, and I would not be able to return because we qualify for the FLR(M) based on MY income that I have been earning legally in the UK on my Tier 4 visa. My partner does not make enough on his own to sponsor me and really has no way to get the sort of job that could.

My partner and I have gone from being quite stressed thinking there could potentially be a mistake or delay or we worst case need to appeal- to being hysterical that never in our worst nightmares could we imagine I could be kicked out of the country in a matter of weeks. We're both physically sick right now.

Our lawyers seem worried and surprised which is of course horrible. They are top immigration lawyers (I had them check application and cover letter so we were already clients). They said they've not seen the Home Office completely miss or lose major documents before when it was so clearly laid presented and the rest of the application not lost.

Our lawyers will write a rebuttal letter and send a copy, etc, but at the end of the day if the Home Office truly thinks I haven't sent them an original and doesn't have it, it seems there is nothing lawyers can do as no way to appeal or re-apply since the application wont have been actually officially submitted?

The only theory one lawyer can come up with is that the passport photos that we included were not adequate and the HO worker copy/pasted a template from another letter where the passport photos weren't accurate and accidentally left in that we were missing the other things. Upon re-checking our photos I realised that the background of mine is distinctly white but the background of my partner's is definitely what you could call grey. Not dark-grey, but not super white. The lawyer can only think that they were trying to say these are invalid and the other stuff got lumped into the letter, and then not deleted on accident.

TLDR: My life could be ruined or at best case thousands spent on lawyer fees due to a slightly too dark passport background? Either that or the HO has blatantly lost tons of docs for no reason (not entire application- just a few important bits).
Both options seem crazy.

Has anyone ever seen or heard anything like this? What about applications being flat out rejected because of light-grey instead of white passport photo backgrounds?

Edit: Note that the application was checked lawyer via email so she didn't see up-close the actual passport photos we submitted. If she had, she would have I'm sure noticed that the background was light grey rather than pure crisp white. However it still seems impossible that this is the reason we've gotten a letter saying we are missing also my passport and the signed spouse declaration, which were NOT MISSING.

Edit**: Update: looking closer at the letter it is very clear this is not just about the photographs. The letters say that the photographs were not sent at all. It also encloses highlighted black declation form which makes it clear that they do not have that document and implies that they really think all this is missing.

Oh dear, how awful. This is all very strange.

Are you saying that they didn't refuse your application but rather dismissed it as invalid without even processing it?

Can you please post exactly what the letter said (leaving out any identifying information)?

Yes, they letter says that YOU HAVE NOT SUBMTITED A VALID APPLICATION and then lists a checklist of what has not been sent that needs to be within 10 days otherwise the application will  be invalid (not refused) and application fee returned less admin charge.

This would be utter disaster as a refusal would be much better than not accepting the application. A refusal I can appeal or re-apply- but without having submitted a valid application in the first place, I am an over-stayer and must leave. And unfortunately would have no way to come back as we qualify on my own UK job income.

I will type up the exact wording of the letter now and post it here!

Yes, they letter says that YOU HAVE NOT SUBMTITED A VALID APPLICATION and then lists a checklist of what has not been sent that needs to be within 10 days otherwise the application will  be invalid (not refused) and application fee returned less admin charge.

This would be utter disaster as a refusal would be much better than not accepting the application. A refusal I can appeal or re-apply- but without having submitted a valid application in the first place, I am an over-stayer and must leave. And unfortunately would have no way to come back as we qualify on my own UK job income.

I will type up the exact wording of the letter now and post it here!

Thank you.

It has to be a mistake. If you sent everything that they say is missing.  Perhaps they got your application mixed up with someone else's which is awful but does happen.

It is a very, very good thing that you documented your application so carefully. Hopefully when your lawyers submit their letter, that will lead to everything being cleared up.

That sucks!

Unfortunately, we've seen the HO mess up like this multiple times on the forum - sending the wrong passport to the applicant, sending the wrong refusal letter to the applicant, considering applicants under the wrong rules (when the partner path changed from 2 years to 5 years, a few people were caught up in this) and I think they once lost or misplaced someone's passport. It's rare, but screw ups like this do happen and they suck.

Hopefully your lawyer can help, but it's still stressful.

Keep us posted!

 

The only theory one lawyer can come up with is that the passport photos that we included were not adequeate and the HO worker copy/pasted a template from another letter where the passport photos weren't accurate and accidently left in that we were mising the other things. Upon re-checking our photos I realised that the background of mine is distinctly white but the background of my partner's is definately what you could call grey. Not dark-grey, but not super white. The lawyer can only think that they were trying to say these are invalid and the other stuff got lumped into the letter, and then not deleted on accident.

TLDR: My life could be ruined or at best case thousands spent on lawyer fees due to a slightly too dark passport background?

I know it is upsetting but they haven't returned your applicaiton as invalid and have instead given you a chance to sort your photos out (if that is the problem) and anything else they can't find, unless the rest was a generic letter as this lawyer thinks it could be. Your solicitors should be able to sort this for you.

I know it is upsetting but they haven't returned your applicaiton as invalid and have instead given you a chance to sort your photos out (if that is the problem) and anything else they can't find, unless the rest was a generic letter as this lawyer thinks it could be. Your solicitors should be able to sort this for you.

But they are saying she didn't send her passport when she did. She doesn't have it to send because she already sent it to them. 

Yes, your solicitor needs to fight this battle for you - that's what you are paying them for.

Only theory I have is that they don't want binders and such when you submit the application.  The documents should be in a neat pile, with paperclips at most (though I was asked to remove all paperclips at an in person appointment).  It's possible that since the person who received the package (wouldn't be a case worker) had to remove each item from the binder and sleeves - it's possible they lost the items then.  Just speculation of course.  But needless to say, they should notice a passsport floating around. 

Have you contacted the US Embassy to report the passport as lost and have a new emergency passport issued so that you can submit that?  I think that's your worst case scenario.

Best of luck, keep us posted!  This will work out.

But they are saying she didn't send her passport when she did. She doesn't have it to send because she already sent it to them. 

I was going on the bit I quoted, the theory of her lawyer and that it could be just a generic letter and the photos might be ther only problem.

But they are saying she didn't send her passport when she did. She doesn't have it to send because she already sent it to them. 

EXACTLY.

We are terrified now that they will recieve lawyer letter and replacement docs (we will send them new photos, declration,, third party form, and an explanation of what's happened and copy of passport etc). But if they've already made this huge a mistake who's to say this one chance to rectify what they say is missing and fufil their request won't be messed up too? Especially if they have truly mixed things up so bad that my passport is lost etc.

The idea that I may have to leave the country in mere weeks, break apart my life, career and family when we've done nothing wrong- sent in an application that had been worked on for months and  had everything there and all orgianals etc- and we make enough money- I just can't fathom it. I can't stop crying, I'm trying not to be hysterical as it won't help but I can't believe this is happening D:

I was going on the bit I quoted, the theory of her lawyer and that it could be just a generic letter and the photos might be ther only problem.

I see. 

Yes, your solicitor needs to fight this battle for you - that's what you are paying them for.

Only theory I have is that they don't want binders and such when you submit the application.  The documents should be in a neat pile, with paperclips at most (though I was asked to remove all paperclips at an in person appointment).  It's possible that since the person who received the package (wouldn't be a case worker) had to remove each item from the binder and sleeves - it's possible they lost the items then.  Just speculation of course.  But needless to say, they should notice a passsport floating around. 

Have you contacted the US Embassy to report the passport as lost and have a new emergency passport issued so that you can submit that?  I think that's your worst case scenario.

Best of luck, keep us posted!  This will work out.

The lawyer I spoke to today on phone didnt' mention doing this. I assumed he didnt' bring it up because he knew a temporary passport wouldn't meet their expectation anyway and would still be invalid if they truly think I never sent the original?

I can call embassy first thing Tuesday after bank holiday but I can't imagine them accepting a temp one instead. If I had truly lost my passport recently and reported it to the police/embassy, maybe...but they are thinking I just haven't sent my original to them. I suspect this clusterf*ck will result in them denying that they ever got it and then also not accepting a temp one. I can't believe this.

EXACTLY.

We are terrified now that they will recieve lawyer letter and replacement docs (we will send them new photos, declration,, third party form, and an explanation of what's happened and copy of passport etc). But if they've already made this huge a mistake who's to say this one chance to rectify what they say is missing and fufil their request won't be messed up too? Especially if they have truly mixed things up so bad that my passport is lost etc.

The idea that I may have to leave the country in mere weeks, break apart my life, career and family when we've done nothing wrong- sent in an application that had been worked on for months and  had everything there and all orgianals etc- and we make enough money- I just can't fathom it. I can't stop crying, I'm trying not to be hysterical as it won't help but I can't believe this is happening D:

I know this is awful but honestly. The more I think about it, the more it is apparent that this is just one big mistake. Please try not to worry (impossible) and as KFdancer said, let your lawyers sort it out.
I really feel for you. It could have been any one of us that this happened to. 

EXACTLY.

We are terrified now that they will recieve lawyer letter and replacement docs (we will send them new photos, declration,, third party form, and an explanation of what's happened and copy of passport etc). But if they've already made this huge a mistake who's to say this one chance to rectify what they say is missing and fufil their request won't be messed up too? Especially if they have truly mixed things up so bad that my passport is lost etc.

The idea that I may have to leave the country in mere weeks, break apart my life, career and family when we've done nothing wrong- sent in an application that had been worked on for months and  had everything there and all orgianals etc- and we make enough money- I just can't fathom it. I can't stop crying, I'm trying not to be hysterical as it won't help but I can't believe this is happening D:

Please don't get upset, it's not been returned as an invalid application, just asking for more documents. Your lawyers can sort this.

I assume your Tier 4 has expired now?

I was going on the bit I quoted, the theory of her lawyer and that it could be just a generic letter and the photos might be ther only problem.

I thought more about that theory and don't think its possible to be honest. The reason being is that they also included a blank partner declaration film with green highlights on the sections they would expect us to check (highlighted "I am a British citizen" checkbox and "I am an unmarried partner" checkboxes which is indeed the right ones that my partner would fill out.).

This strongly implies they do actually think we left out this document- which implies they really do think we left out the others (3rd party permission, passport) as well.

In which case we aren't dealing with someone sending an oopsie letter but genintely thinking we left out all the major important documents of the damn application! Even if they mixed us up how could anyone ELSE have possible done that? Plus my cover letter clearly has all included items indexed and listed. EVerything was numbered. I can't fathom how they actually could have missed all these docs.