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10 years route but falling short by few days

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

fahadii123
Junior Member
Posts: 65
Joined: Thu Aug 22, 2013 8:15 pm
Location: United Kingdom

Re: 10 years route but falling short by few days

Post by fahadii123 » Fri Nov 18, 2016 3:16 pm

CR001 wrote:You apply to VARY your application. You will not get a decision on the day though as the caseworker will have to request your documents from the FLR(FP) department before an ILR decision can be made.
Thanks for the prompt reply CR001. My solicitor insists that we should withdraw the FLR(FP) application first and once all the documents are back with us then submit an ILR application. Apparently as per him its not allowed to have two applications with UKVI. I was surprised when he mentioned about withdrawing the application too because I read here that everyone has been varying their applications successfully.

I really want to just go with the VARYING route but can you please suggest if there's a link or something I can show to him and make sure that he varies it instead of withdrawing?

Thanks again for your help! Much appreciated :)

paru.org
Member
Posts: 202
Joined: Mon Dec 29, 2014 11:15 am
India

Re: 10 years route but falling short by few days

Post by paru.org » Fri Nov 18, 2016 10:02 pm

leave that solicitor staright away!! otherwise u will regret
read carefully!!!
An applicant can vary an application at any time before a decision is made on it. They can do this if they want to be considered for a grant of leave on a different basis to their initial application.
If the applicant wishes to vary their leave for a purpose where a specified application form is required, they must complete the new form and meet all the requirements of paragraph 34A of the Immigration Rules and the Immigration (Health Charge) Order 2015, for the variation to be valid.
A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.
Page 57 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
Variation application made following initial application – the applicant will pay the immigration health surcharge with the application. Some, or all of, the surcharge paid with the initial application will be refunded…..: Page 28 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
One need to fill the current application while applying for any Immigration application on that date .... ((Whoever, booked for Premium before and then need to fill the latest application while applying.... ((Sometime, the Caseworker don't even listen what expressed by the UKVI Customer Advisor.... ((For all Premium booking NO need to fill the Payment section in the application ... just attach the payment confirmation print out ..... ((Please have a look : Specified forms and procedures for applications or claims in connection with immigration : https://www.gov.uk/guidance/immigration ... -in-the-uk
fahadii123 wrote:
CR001 wrote:You apply to VARY your application. You will not get a decision on the day though as the caseworker will have to request your documents from the FLR(FP) department before an ILR decision can be made.
Thanks for the prompt reply CR001. My solicitor insists that we should withdraw the FLR(FP) application first and once all the documents are back with us then submit an ILR application. Apparently as per him its not allowed to have two applications with UKVI. I was surprised when he mentioned about withdrawing the application too because I read here that everyone has been varying their applications successfully.

I really want to just go with the VARYING route but can you please suggest if there's a link or something I can show to him and make sure that he varies it instead of withdrawing?

Thanks again for your help! Much appreciated :)

vinny
Moderator
Posts: 29926
Joined: Tue Sep 25, 2007 7:58 pm

Re: 10 years route but falling short by few days

Post by vinny » Sat Nov 19, 2016 12:59 am

You may vary an undecided in-time application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

fahadii123
Junior Member
Posts: 65
Joined: Thu Aug 22, 2013 8:15 pm
Location: United Kingdom

Re: 10 years route but falling short by few days

Post by fahadii123 » Mon Dec 05, 2016 2:58 pm

So I've received my biometric letter for FLR(Fp) but will also be eligible for ILR this Sunday. I have until 18th December to do my BRP.

Should I give my FLR(FP) BRP before requesting the varying so that I only have to give my BRP for ILR only? Or should I give y BRP now, vary application to ILR and then give ILR BRP again when requested?

snoopy01
Junior Member
Posts: 55
Joined: Mon Apr 20, 2015 11:05 pm

Re: 10 years route but falling short by few days

Post by snoopy01 » Sat Dec 17, 2016 3:25 am

hi fahad, what happened with your application? Thanks

fahadii123
Junior Member
Posts: 65
Joined: Thu Aug 22, 2013 8:15 pm
Location: United Kingdom

Re: 10 years route but falling short by few days

Post by fahadii123 » Sun Dec 18, 2016 12:46 pm

Hi Snoopy
I have an appointment booked for next week. Will update you guys shortly :)

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