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Please help! Urgent! Confused b/w application withdrawal and variation?

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

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E-0wl
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Please help! Urgent! Confused b/w application withdrawal and variation?

Post by E-0wl » Wed Apr 25, 2018 2:21 pm

Deal All,

I am new to this forum. Just wanted to ask a few questions from the experts here. Any help would be appreciated!

I have completed my 10 years in the country, last year. Please find below my visa history

1 - Came to the UK Oct 2007
2 - Had successful visa extensions (Tier 4) until Feb 2015
3 - Submitted in time FLR(FP) application in Feb 15 (3c leave engaged)
4 - Submitted another application Tier 2 in April 2015 as a variation before the decision was made
on my original FLR application
5 - Received a letter from Home office in May 15 saying your FLR (FP) application has been
withdrawn as requested. Please note that the application and supporting documents have been
retained to be linked with my Tier 2 application. Please note FLR fee will not be refunded!! :?
6 - Received decision 15th June 15 as refused because of salary threshold (this was due to my
employer used previous version of salary threshold)
7 - Didn't go for AR instead submitted fresh application with correct salary threshold on 30th June 15
8 - Received decision on 6th Aug 15 as approved

Questions

1 - As I didn't ask for the withdrawal of my application it was supposed to be a variation of my original FLR (FP) application. The rule states that if anyone withdraw their application their 3c leave will come to an end. Does that mean my 3c leave came to an end in April? :shock: If not did I have 3c leave until I received the decision on my Tier 2 application on 15th June 15 plus 14 day of AR? :roll:

2 - I did apply within 28 days of the decision i.e. on 30th June 15 does that mean any time I have spent overstaying (if any) will be disregarded according to previous rules. Do I need to mention this in set LR form?

3 - Is my continuous lawful time broken? If yes, then how? Can I still apply?

My understanding is that my 3c leave was ended on 15th June when I received the decision and because I applied withing 28 days so any time of over staying will be disregarded. Please can someone elaborate on this?

Many thanks.

E-0wl
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Posts: 2
Joined: Wed Apr 25, 2018 11:33 am
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Re: Please help! Urgent! Confused b/w application withdrawal and variation?

Post by E-0wl » Tue May 08, 2018 2:58 pm

Any suggestions?

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zimba
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Re: Please help! Urgent! Confused b/w application withdrawal and variation?

Post by zimba » Wed May 09, 2018 11:46 am

1 - As I didn't ask for the withdrawal of my application it was supposed to be a variation of my original FLR (FP) application. The rule states that if anyone withdraw their application their 3c leave will come to an end. Does that mean my 3c leave came to an end in April? :shock: If not did I have 3c leave until I received the decision on my Tier 2 application on 15th June 15 plus 14 day of AR? :roll:
Section 3C should be intact as the new application was variation of the previous leave
2 - I did apply within 28 days of the decision i.e. on 30th June 15 does that mean any time I have spent overstaying (if any) will be disregarded according to previous rules. Do I need to mention this in set LR form?
Yes
3 - Is my continuous lawful time broken? If yes, then how? Can I still apply?
You should be ok
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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