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Multiple variation application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Brave_heart
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Multiple variation application

Post by Brave_heart » Tue Jan 29, 2019 12:34 pm

I have little enquiry.If someone received 60 days letter from home office and applied FLR (HRO) on time..Before decision come he vaied application to FLR(FP)..Again before decision come he varied to Application SET (o) and will try to kill time until 10 years qualifying periods. My question is " is it legally countable towards 10 years long residance by varying several applications without any outcome from home office?" Thanks

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zimba
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Re: Multiple variation application

Post by zimba » Tue Jan 29, 2019 4:48 pm

In theory yes but your could be refused for making vexatious applications
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Brave_heart
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Re: Multiple variation application

Post by Brave_heart » Mon Feb 11, 2019 11:48 am

Hi Zimba.. Thanks for reply.. In this case 3c leave will continue??

Momi
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Re: Multiple variation application

Post by Momi » Mon Feb 11, 2019 1:08 pm

Yes, 3c continue until you get refusal.
Brave_heart wrote:
Mon Feb 11, 2019 11:48 am
Hi Zimba.. Thanks for reply.. In this case 3c leave will continue??

Brave_heart
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Re: Multiple variation application

Post by Brave_heart » Mon Feb 11, 2019 1:52 pm

Hi momi.. thanks for reply..Refusal will break the 3c leave..So my friend need to continue the 3c leave by varying application until 10 years to apply Set LR. He already varied application as following:
FLR(HRO) to FLR(FP)
FLR(FP) to SET (O) Now
Sep2019 will be 10 years..Can He apply early Set (LR) Application???? Thanks

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Casa
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Re: Multiple variation application

Post by Casa » Mon Feb 11, 2019 2:04 pm

Zimba wrote:
Tue Jan 29, 2019 4:48 pm
In theory yes but your could be refused for making vexatious applications
:idea:

Under 320(11) of the Immigration Rules
https://www.gov.uk/government/publicati ... raph-32011
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Brave_heart
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Re: Multiple variation application

Post by Brave_heart » Mon Feb 11, 2019 5:24 pm

Thanks Casa..How much chance to fall in this 320(11)???...His solicitors should know about that before applying all this crap variation..Solicitor saying he will be ok😁😁

Momi
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Re: Multiple variation application

Post by Momi » Tue Feb 12, 2019 10:37 am

There is very small chances that home office will use 320(11).
I know one case and home office couldn’t defend in court after that I haven’t seen any case so far.
I know few people who varied applications for years and eventually their SET(LR) was approved. Even 2 of them are my very close friends.
Brave_heart wrote:
Mon Feb 11, 2019 5:24 pm
Thanks Casa..How much chance to fall in this 320(11)???...His solicitors should know about that before applying all this crap variation..Solicitor saying he will be ok😁😁

Brave_heart
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Re: Multiple variation application

Post by Brave_heart » Tue Feb 12, 2019 10:22 pm

Thanks momi..I think he has still chance to make ILR as long as prevent refusal..If He plan to submit Set LR application 4 months earlier, do you think its gonna succesfull?? Because before 28 days apply, chance for refusal...I think...Thanks

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Casa
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Re: Multiple variation application

Post by Casa » Wed Feb 13, 2019 12:01 am

An application for Long Residence submitted 4 months prior to the qualifying date will be refused.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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