filled wrong form

[mayega]

Hi just wondering if i could get any advice.
i was granted discretionary leave to remain 3yrs on 10 june 2008 after the home office tried to remove me after they refused my application for a stay. i appealed and won my case in court. home office asked for a reconsideration which was granted. we went to court again and they lost based on article 8.

i called immigration inquiries on which form to use for renewal and was told to download HPDL form because my article 8 was not based on marriage. i sent the form out and was received on 19/05/2011. my visa died June 10 and as of today i still havn't heard anything from them. i just spoke to someone and was told i should have used form flro. i have been told to wait for the home office to write to me and do an out of time application explaining the hpdl form. Any advice would be appreciated.

[Greenie]

Did you apply for asylum in 2008 and was this the application they refused?

[mayega]

Hi Guru,

I applied for indefinite leave to remain outside the immigration rules in 2006, as far as i am aware it wasn't an asylum application. after going to court a few times i won my case based on article 8 (as explained in the first post). i was granted dlr in 2008.

my 3yrs dlr expired on june 10 2011, i made an application for extension on the 19/05/2011. i rang the immigration enquires number and was told to use the hpdl form because my dlr was not due to marriage. i have been told by someone else that was the wrong form and to wait for them to write to me before i make the right application using form flro. And to explain why it is an out of date application. Any Advice would be appreciated.

[Greenie]

Hi Guru,

I applied for indefinite leave to remain outside the immigration rules in 2006, as far as i am aware it wasn't an asylum application. after going to court a few times i won my case based on article 8 (as explained in the first post). i was granted dlr in 2008.

my 3yrs dlr expired on june 10 2011, i made an application for extension on the 19/05/2011. i rang the immigration enquires number and was told to use the hpdl form because my dlr was not due to marriage. i have been told by someone else that was the wrong form and to wait for them to write to me before i make the right application using form flro. And to explain why it is an out of date application. Any Advice would be appreciated.

Form HPDL is only for people granted discretionary leave or humanitarian protection following the refusal of an asylum claim. It's not because your DL was not granted due to marriage, but because you apparently did not claim asylum that means you have apparently completed the wrong form. You should seek legal advice on the best course of action. Dont just wait for them to tell you your application is invalid.

[mayega]

thanks greene. will do that.

[mayega]

Hi greenie,

just spoke to ukba about the mistake, i have been told to fill out the flro form
add the money and explain to them that i want to swap the hpdl application with this one. sounds like a sensible to do. spoke to my lawyer and he said i should wait for them to make it invalid. any ideas anyone?

upon research i came across this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This page tells you what procedures to follow if an applicant seeks to vary the grounds of an outstanding application before a decision is made on it.
An applicant can vary an application at any time before a decision is made on it. A person
can do this when they want to be considered for a grant of leave on a different basis than in
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, for the variation to be valid.
For more information on these requirements, see related link: Specified requirements.
A person who varies their application does not have to pay an additional fee unless the new
ground that they want to be considered under has a higher fee than their original application.
This means that a valid variation will look like a new application. You must check CID to see
if an earlier application exists. This will tell you whether the specified form is a variation of an
existing application. The application date remains the date of the original application and not
the date of the variation. You will need to consider this when deciding whether the applicant
benefits from section 3C leave and determining the applicant’s appeal rights. For more
information, see related links:
• Section 3C leave.
• 05.0 - Section 3C of the Immigration Act 1971 (As Amended)
• 1.0 - Rights of Appeal
If a variation meets all the requirements of paragraph 34A except including photographs,
you can use discretion and accept the variation as valid if the applicant and their
dependants, if appropriate, have already submitted photographs with their initial application.
A person cannot vary their leave if they have an appeal either pending or which could be
brought. For more information, see related link: Section 3C leav

[Greenie]

Is this the same lawyer who advised you to apply using form hpdl? i agree that sending FLRO and paying fee explaining your mistake is the best course of action

[mayega]

update on situation

filled form FLRO and received by HO on 28/07/2011. Told them to substitute the HPDL application with the FLRO.

Yesterday 19/09 i received a letter with passport saying hpdl was an invalid application, reasons i needed to fil FLRO and add fees.

I have attached my passport with the FLRO ref no. explaining I varied this application with a new one nearly 2 months ago, before HPDL was declared invalid.

will keep you guys updated!

[mayega]

update, Got my passport today with the final 3yrs on it. Just want to say thanks to Greenie for his advice.

Back in 2006, when i applied for Indefinite LTR i was refused and issued with a removal notice with a right of appeal. i appealed and won, this led to the discretionary leave to remain. Next year march would be 14yrs of residency, would i be able to apply for Indefinite LTR or did the notice to remove stop the clock?