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ILR or FLR (LR)?? COMPLEX SITUATION

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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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BIA80
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Posts: 3
Joined: Thu Feb 25, 2021 4:38 pm
United Kingdom

ILR or FLR (LR)?? COMPLEX SITUATION

Post by BIA80 » Thu Mar 18, 2021 12:02 am

Hi all

I am in dire need of genuine advice please. If @zimba could respond I would really appreciate.
Before I ask my questions/queries my timeline of immigration is as follows

1. Entered UK on Sept 9, 2010
2. Tier 4 visa August 24, 2010 - April 13, 2013
3. Tier 4 visa with new sponsor applied on 12 Feb 2013
4. Tier 4 visa granted April 11, 2013 - October 15, 2014
5. Tier 2 visa applied September 06, 2014
6. Tier 2 visa granted March 12, 2015 - May 13, 2018
7. Tier 2 curtailed June 29, 2016 (60 days given to apply)
8. FLR (FP) applied on August 11, 2016
9. Asylum applied on April 14. 2018 while FLR (FP) was still pending since 2016.
10. Notification of variation of Bail recieved on May 5, 2018
11. HO letter received on August 21, 2018 stating that FLR (FP) application from 2016 has been varied to asylum only.
12. HO called for interview in December 2018 and May 2019 but didn’t attend due to health issues.
13. HO sent letter in Sept 2019 that they cannot decide on my case yet and will contact further. Haven’t BEEN CALLED ON INTERVIEW from HO till date.

Currently I am in HO accommodation with my almost 3 year old daughter and gets weekly allowance. Back in September 2020 I have finished 10 years in UK. I wanted to apply for ILR but cannot due to the unavailability of my passport to sit in Life in UK Test and Home Offie do not send back documents to asylum seekers.

My question are as follows

1. As I already varied my application once (from FLR FP to Asylum) without any decision on the earlier, Can I still vary again to apply for FLR(LR)??
2. Has the section 3C continues in my situation??

I really want to know what I can do apart from waiting to be called on asylum interview and than waiting on the decision for God knows how long…..

Is there any rule that states how many times one can vary an application? and ILr can be applied after undecided asylum case??

Please do help me in giving a general guidance.

Many thanks

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
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Re: ILR or FLR (LR)?? COMPLEX SITUATION

Post by zimba » Thu Mar 18, 2021 9:43 am

You can vary to long residence ILR now as you still have section 3C. You can request UKVI to send your passport back so that you can sit LIUK test.

Apply for ILR and then write to liverpooleuro.passportreturns@homeoffice.gsi.gov.uk or rodrequestsect@homeoffice.gsi.gov.uk and see what happens
Applicants can request the return of these documents to take the test if they have
submitted an application for indefinite leave. They may need to vary their application
depending on the results of their test.
https://assets.publishing.service.gov.u ... 6.0ext.pdf

Note: SET(LR) application is a human rights application, so you can get appeal rights even if refused
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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