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Submitted Online Form today - have I applied to early?

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oldmankensey
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Submitted Online Form today - have I applied to early?

Post by oldmankensey » Mon Nov 12, 2018 3:38 pm

I submitted the online SET(M) today, although haven't made an appointment yet.

I rang the visa helpline and was told categorically that it was the appointment date that was the relevant one, not the submission date. I also read similar on this forum.

However, after having read some contrary information here:

indefinite-leave-to-remain/premium-serv ... 3-540.html

I rang the helpline again just now and was told - IT'S THE FORM SUBMISSION DATE THAT COUNTS AS THE APPLICATION DATE.

You can imagine my horror at this - we cannot apply for ILR until 28th November, so what am I supposed to do now? I said to the girl on the phone "I was told the exact opposite this morning, a call I made to confirm things before I submitted" and she replied "I can't speak for what you were told this morning, only what I am saying to you now."

This is the most unbelievable thing to have happened to us in five years of dealing with the Home Office. We are now terrified that we've either lost £3000 or we're going to get rejected and we have no idea what to do.

Do we try to cancel the application from today?

I no longer trust the information we get from the visa helpline, should we believe what we were told this morning before we submitted or what we've been told recently?

Is there any way for us to speak to someone more senior? I think we are going to have to try and find an immigration solicitor to help us in this situation.

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Djsuccess
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Re: Submitted Online Form today - have I applied to early?

Post by Djsuccess » Mon Nov 12, 2018 4:18 pm

oldmankensey wrote:
Mon Nov 12, 2018 3:38 pm
I submitted the online SET(M) today, although haven't made an appointment yet.

I rang the visa helpline and was told categorically that it was the appointment date that was the relevant one, not the submission date. I also read similar on this forum.

However, after having read some contrary information here:

indefinite-leave-to-remain/premium-serv ... 3-540.html

I rang the helpline again just now and was told - IT'S THE FORM SUBMISSION DATE THAT COUNTS AS THE APPLICATION DATE.

You can imagine my horror at this - we cannot apply for ILR until 28th November, so what am I supposed to do now? I said to the girl on the phone "I was told the exact opposite this morning, a call I made to confirm things before I submitted" and she replied "I can't speak for what you were told this morning, only what I am saying to you now."

This is the most unbelievable thing to have happened to us in five years of dealing with the Home Office. We are now terrified that we've either lost £3000 or we're going to get rejected and we have no idea what to do.

Do we try to cancel the application from today?

I no longer trust the information we get from the visa helpline, should we believe what we were told this morning before we submitted or what we've been told recently?

Is there any way for us to speak to someone more senior? I think we are going to have to try and find an immigration solicitor to help us in this situation.

Most of the people on the other end of the helpline dont know anything about the immigration rules and application guidance. And they will usually avoid giving advice.
When exactly are you qualified to apply? When do you clock 5 years or when are you 28 days to clocking 5 years?

With the new system, there no need to rush to apply early, because you can almost be 100% sure that you will get an appointment when you want.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions and interpretation of the appropriate UKVI guidance documents and immigration rules.

Avy18
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Re: Submitted Online Form today - have I applied to early?

Post by Avy18 » Mon Nov 12, 2018 4:39 pm

Unfortunately I am in same boat.
I am using a new system UKVCAS I will be eligible for ILR long term as on 26/11/2018.
I made a premium service appointment for 27/11/2018 at Manchester.I made a payment and book apointment on 10/11/2018.
However today I received an email from HO saying thanks for your application they have received it and will be considered.
I am very worried if they considered it from 10/11/2018. I will not be eligible.
Paid approx £3000. No one seems to know whats going on.

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Djsuccess
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Re: Submitted Online Form today - have I applied to early?

Post by Djsuccess » Mon Nov 12, 2018 4:53 pm

Avy18 wrote:
Mon Nov 12, 2018 4:39 pm
Unfortunately I am in same boat.
I am using a new system UKVCAS I will be eligible for ILR long term as on 26/11/2018.
I made a premium service appointment for 27/11/2018 at Manchester.I made a payment and book apointment on 10/11/2018.
However today I received an email from HO saying thanks for your application they have received it and will be considered.
I am very worried if they considered it from 10/11/2018. I will not be eligible.
Paid approx £3000. No one seems to know whats going on.
With the new system, your application will not be considered until you have submitted your biometrics and supporting documents.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions and interpretation of the appropriate UKVI guidance documents and immigration rules.

Avy18
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Re: Submitted Online Form today - have I applied to early?

Post by Avy18 » Mon Nov 12, 2018 5:14 pm

Thanks DJSucess for giving some hope. Initially I thought I have lost my money.Already situation is but tight.
But why they send a standard email ? And are you sure about the information mate?

nice111
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Re: Submitted Online Form today - have I applied to early?

Post by nice111 » Mon Nov 12, 2018 5:19 pm

I guess you would be ok because it will be considered when your biometrics and documents will be submitted.
I have been speaking to UKVI call centres quite a few times and they have said that it would be the date of appointment.

I doubt that in call centres advisers know anything themselves so I dont give any weightage to their advice/information.

I also read at this forum that someone's solicitor has confirmed that it will be the date of online submission.

But personally I feel that it would be the date of appointment because how would they consider your application without documents and biometrics.

Best of luck.

Please keep us updated on any progress on your application.

Thanks

Avy18
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Re: Submitted Online Form today - have I applied to early?

Post by Avy18 » Mon Nov 12, 2018 6:24 pm

Can we cancel an appointment? And re submit new one by the end of November. As no one seems to know what is correct and Do we get full refund £3020 form UKVCAS?
I rang them earlier today but they have very limited information. They are giving an excuse of being third party.

oldmankensey
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Re: Submitted Online Form today - have I applied to early?

Post by oldmankensey » Mon Nov 12, 2018 6:33 pm

Avy18 wrote:
Mon Nov 12, 2018 6:24 pm
Can we cancel an appointment? And re submit new one by the end of November. As no one seems to know what is correct and Do we get full refund £3020 form UKVCAS?
I rang them earlier today but they have very limited information. They are giving an excuse of being third party.
I already looked into cancelling. Two points:

1. All visa fees paid for applications in the UK are non-refundable
https://www.gov.uk/cancel-visa

2. It says on that page that applications that have been received cannot be cancelled. Does an online submitted form count as having been instantly received?

I have a little more optimism about all of this due to the answers given above, specifically the point that an application surely can't be considered complete and submitted if no supporting documents have been submitted yet (which is the case for me, I uploaded nothing to sopra steria yet).

Avy18
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Re: Submitted Online Form today - have I applied to early?

Post by Avy18 » Mon Nov 12, 2018 7:01 pm

Just now spoke to someone in their call center.
They said you will be able to claim full refund and usually get it in 5 working days and then submit new application when you are eligible.

IJOS
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Re: Submitted Online Form today - have I applied to early?

Post by IJOS » Mon Nov 12, 2018 7:44 pm

With online application cancellation is non refundable but rescheduling is free. Please don’t cancel or you’ll lose your money. Application date is the day you appear at PEO. I used online set O

oldmankensey
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Re: Submitted Online Form today - have I applied to early?

Post by oldmankensey » Mon Nov 12, 2018 8:04 pm

Avy18 wrote:
Mon Nov 12, 2018 7:01 pm
Just now spoke to someone in their call center.
They said you will be able to claim full refund and usually get it in 5 working days and then submit new application when you are eligible.
Who are you calling, Sopra Steria to cancel the appointment or the visa helpline to cancel the application?

Avy18
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Re: Submitted Online Form today - have I applied to early?

Post by Avy18 » Mon Nov 12, 2018 9:34 pm

Spoke to UKBA call center not sopera steria.
If you say I will not cancel. I was very much assured by a lady over the phone that I will get my money back in 5 working days and I can re apply once again in 48 hours of cancelation.

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Djsuccess
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Re: Submitted Online Form today - have I applied to early?

Post by Djsuccess » Mon Nov 12, 2018 9:55 pm

Avy18 wrote:
Mon Nov 12, 2018 9:34 pm
Spoke to UKBA call center not sopera steria.
If you say I will not cancel. I was very much assured by a lady over the phone that I will get my money back in 5 working days and I can re apply once again in 48 hours of cancelation.
You cannot rely on what someone tells you on the phone. If you want to know why, try to call again tomorrow, and you might be surprised to hear something different. Refund processing will take at least 4 weeks from the UKVI
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions and interpretation of the appropriate UKVI guidance documents and immigration rules.

Avy18
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Re: Submitted Online Form today - have I applied to early?

Post by Avy18 » Tue Nov 13, 2018 10:32 am

oldmankensey wrote:
Mon Nov 12, 2018 3:38 pm
I submitted the online SET(M) today, although haven't made an appointment yet.

I rang the visa helpline and was told categorically that it was the appointment date that was the relevant one, not the submission date. I also read similar on this forum.

However, after having read some contrary information here:

indefinite-leave-to-remain/premium-serv ... 3-540.html

I rang the helpline again just now and was told - IT'S THE FORM SUBMISSION DATE THAT COUNTS AS THE APPLICATION DATE.

You can imagine my horror at this - we cannot apply for ILR until 28th November, so what am I supposed to do now? I said to the girl on the phone "I was told the exact opposite this morning, a call I made to confirm things before I submitted" and she replied "I can't speak for what you were told this morning, only what I am saying to you now."

This is the most unbelievable thing to have happened to us in five years of dealing with the Home Office. We are now terrified that we've either lost £3000 or we're going to get rejected and we have no idea what to do.

Do we try to cancel the application from today?

I no longer trust the information we get from the visa helpline, should we believe what we were told this morning before we submitted or what we've been told recently?

Is there any way for us to speak to someone more senior? I think we are going to have to try and find an immigration solicitor to help us in this situation.
[Any update regarding application date as there is no formal statement yet?]

Please update....
[Any update regarding application date as there is no formal statement yet?
]

oldmankensey
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Re: Submitted Online Form today - have I applied to early?

Post by oldmankensey » Tue Nov 13, 2018 10:43 am

I've spoken again to the visa helpline and been told "as long as you have the appointment within the 28 day limit, it should be fine" which I said was clearly not anything like the type of confirmation I was looking for.

He then also said "the rules clearly state that online submission date is to be considered the visa application date"

Does anyone know if this is the case? Where is this stated?

So, in short, I'm no wiser as to what to do. The phone helpline is little help, everyone you speak to gives a different version.

Do I risk allowing the application to go through because I've been told it "should be fine" and then have it rejected?

ilovethebeatles
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Re: Submitted Online Form today - have I applied to early?

Post by ilovethebeatles » Tue Nov 13, 2018 10:47 am

If you read the guideline, you can see it states very clearly the caseworker must consider either: (i) the application date, (ii) the appointment date; or (ii) the decision date whichever is most beneficial to the applicant. This means you should be fine because they will consider the best for you, not rejecting you because of a simple reason like that.

oldmankensey
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Re: Submitted Online Form today - have I applied to early?

Post by oldmankensey » Tue Nov 13, 2018 10:48 am

ilovethebeatles wrote:
Tue Nov 13, 2018 10:47 am
If you read the guideline, you can see it states very clearly the caseworker must consider either: (i) the application date, (ii) the appointment date; or (ii) the decision date whichever is most beneficial to the applicant. This means you should be fine because they will consider the best for you, not rejecting you because of a simple reason like that.
could you link that for me, please. Is that in the guidance notes?

ilovethebeatles
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Re: Submitted Online Form today - have I applied to early?

Post by ilovethebeatles » Tue Nov 13, 2018 11:12 am

You search for the document titled "Indefinite leave to remain: calculating continuous period in UK" and look for Page 9. But I copy it here for you. It looks even better because they can consider any date up to 28 days after the data of application.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period. You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

oldmankensey
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Re: Submitted Online Form today - have I applied to early?

Post by oldmankensey » Tue Nov 13, 2018 11:56 am

This seems very good news, I would be interested if there is a different system for online submissions or if that PDF has been superseded by something else. It does seem up to date and valid though.

zhzaidi14
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Re: Submitted Online Form today - have I applied to early?

Post by zhzaidi14 » Tue Nov 13, 2018 12:12 pm

I suggest you apply for refund and then re submit the application when you are eligible within 28 days. Similar situation happen to me with IHS payment and I have received refund in 3 working days. Also try to pay through credit card as give you more security for refund through card company in case of any problem with HO.

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