october2013 wrote:Pls can someone advise me pls. I have read the guidance that I can vary my application, is this true and uncomplicated?
I am struggling to complete the fees for LR. I applied for FLR O, got declined and appealed, had d hearing but awaiting the decision. I am now 10 yrs. Can I vary the initial appeal n pay the difference in cost? And how do I vary the application?
Here is the new guidance just released by the HO, I've copied the bit that talks about applying for ILR while your appeal is being decided.
The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal .A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal. If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the long residence application and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing
them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose. If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use
Doc Gen letter ICD.3258
It is up to you what you do, I hope its helpful.
