Amendment while on section 3C leave

flicy10 wrote: ↑

Fri Sep 20, 2019 7:35 pm

Since I'm currently on section 3C leave, should I mention in my cover letter that I want to "amend" my application instead of "vary" my application?

flicy10 wrote: ↑

Sat Sep 21, 2019 12:04 am

My question is, should I use the term "amend" or "vary" in my cover letter in this case? Or it does not really matter as the caseworker would know what I mean?
Thanks.

Variation of an application for leave: example scenarios
An application can only have one application outstanding at a time, except for one
very specific exception as set out in example scenario 4 below, and where one
application is a human rights or protection claim. See: Varying an application for
leave to remain. When an applicant submits an application for leave followed by
another application for leave, the second application will either be a variation of the
first application, or a new application. The examples below explain how this works.

Example scenario 1
An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the
applicant transitioned to 3C leave.
As the applicant transitioned to 3C leave and a decision has not yet been made on
application A, application B is automatically considered as a variation of application
A. The date of application is the date application A was submitted.

Example scenario 2
An applicant submits application A in time. They then submit application B before
application A has been decided, whilst they still have extant leave.
An applicant cannot be granted more than one type of leave at a time. Where 2
applications have been submitted whilst the applicant has extant leave, the second
application will be considered as a variation of the first application. The date of
application is the date application A was submitted.