secret.simon wrote: ↑Fri Aug 17, 2018 4:09 pm
vinny wrote: ↑Fri Aug 17, 2018 11:15 am
Note:
Applications for leave to remain: validation, variation and withdrawal
If an applicant has not applied on the correct specified form, you may write to them telling them the correct form and give them 10 working days to submit that form. If they do not do this, you should normally reject the application as invalid using the notice of invalidity template: ICD 4946 on Doc Gen
Vinny, I think you are reading the specific paragraph too broadly.
The way I read the paragraph (and the section it is in), the "specified form" is the current form required for the particular application chosen by the applicant. So, in this case, the role of the Home Office caseworker would be limited to verifying that the application was made on the correct and up-to-date version of the form for SET(M). It is not for the caseworker to judge, at this stage, whether the applicant is eligible for SET(M), because that is to make a judgment on the application itself, not the form of the application.
Addressing
FXR_1340's point, it is not the caseworker's role to decide what application the applicant should make. That isn't and ought not to be, their role. It is the applicant's choice to decide on what application s/he makes and their responsibility to provide the evidence to adduce to that application. For instance, an applicant who is eligible for SET(M) may choose to apply for FLR(M) or FLR(FP) for personal reasons. It is not for the caseworker to make the decision for the applicant, it is for the applicant to educate themselves and make the decision about the application. That way, the applicant carries the responsibility for any fault/flaw with the application, its choice and the accompanying evidence.
If the caseworker didn’t know that the applicant had only used the wrong form, then I would agree. However, what happens if the caseworker knew that the applicant had only used the wrong form?
An applicant eligible for SET(M) would also be eligible for FLR(M), so could not be said to have used the wrong form, if they chose FLR(M).
Drich04 wrote: ↑Fri Mar 23, 2018 5:28 pm
My flr (m) ended on 03.08.17. I applied for SET (M) which was very expensive. For 5 months I got monthly update that my application was still being considered on 6th months I got a letter saying it was execptionally complexed. Then finally today I received my refusal letter. I called home office as I didn’t understand the letter, they said basically I have to apply for another Flr (M) and do it with in 30 days. I asked them why take 7 months to tell me that it was incorrect application and taking my fee? I could of reapplied for the correct application after the first month.
Given all the overly
complex rules and
forms, perhaps it’s time that caseworkers should share partial responsibility when an applicant only used an incorrect form? All these hassles could have been avoided if caseworkers had discretion to use common sense and permitted an applicant to
vary an incorrect application, similar to
A277D(a) The Secretary of State will treat that application for indefinite leave to remain as an application for limited leave to remain;
Hopefully, a FLR(M) application, submitted within 14 days of the refusal, should succeed. It’s fortunate that the applicant didn’t
mistakenly apply for naturalisation.
