Application Reference Number Query

[faadibutt]

Hi All,

My wife came to UK in Oct 2010 as Tier 1 dependent but left UK for some family issues in March 2013 and re-entered on 19.03.14 so the continuous residence period broke and reset on 19.03.14 when she re-entered UK. In 2018, I was granted ILR on Long Residence base and my wife was granted Leave to Remain on 10 Years Route since we didn't meet salary requirements that time. Her current leave now expires on 24.01.2024 and she will complete her 10 years on 19.03.2024 so she is eligible to apply for ILR (Long Residence) presumably on 21.02.2024 (28 days before). Me and my kids are British Citizens already. Now my questions are:

1. Is it worth to submit the application for spouse visa extension and Pay visa fee & IHS Surcharge but don't upload any supporting documents and later vary the application on 21.02.2024 to ILR (LR) when she is eligible. There will almost be a gap of 26 days between both applications. We may get refund for the spouse visa extension fee and IHS Surcharge. Will the HomeOffice consider the new application date for ILR application or the date the first application was submitted? I am sure many people would have been in the similar situation before. What is the likely outcome? Can they refuse on the basis that when the original application was submitted, the applicant didn't qualify and was short of few days or they may apply some sort of discretion.

2. The second scenario but I am not satisfied with it is that apply for ILR (LR) when her current leave expires on 24.01.2024 and book appointment for UKVCAS and upload documents after she is eligible after 26 days and then hope for the best.

Your inputs and suggestinos will be much appreciated!

[zimba]

The 2nd option is the one you should do, there is no need for any extension. This is a very common approach for people in such cases as the date of ILR decision is what matters in the end.

See: How to apply early and benefit from the date of the ILR decision ?

[faadibutt]

Thanks Zimba for the quick response. I have come across number of similar cases on this forum and many have recevied positive response after applying early. However, in most cases, people were short of 7-10 days only so they applied earlier and book appointment for later. In our case, we are short of almost 26 days. Is it still safe to apply for ILR and then book an appointment for later when within 28 days of eligibility?

[zimba]

Thanks Zimba for the quick response. I have come across number of similar cases on this forum and many have recevied positive response after applying early. However, in most cases, people were short of 7-10 days only so they applied earlier and book appointment for later. In our case, we are short of almost 26 days. Is it still safe to apply for ILR and then book an appointment for later when within 28 days of eligibility?

No one can get ILR if they do not complete the required lawful residence period and NONE of those people was short of anything when their ILR was granted. If you read what I explained very clearly in that link, you understand that lawful residence is NOT about when you apply but it is about how many days of lawful residence you have accumulated until the date of your ILR decision. If have accumulated enough, then ILR is granted. So by that point, you are NOT short of anything by definition or else you cannot get ILR

[faadibutt]

Thanks Zimba for the quick response. I have come across number of similar cases on this forum and many have recevied positive response after applying early. However, in most cases, people were short of 7-10 days only so they applied earlier and book appointment for later. In our case, we are short of almost 26 days. Is it still safe to apply for ILR and then book an appointment for later when within 28 days of eligibility?

No one can get ILR if they do not complete the required lawful residence period and NONE of those people was short of anything when their ILR was granted. If you read what I explained very clearly in that link, you understand that lawful residence is NOT about when you apply but it is about how many days of lawful residence you have accumulated until the date of your ILR decision. If have accumulated enough, then ILR is granted. So by that point, you are NOT short of anything by definition or else you cannot get ILR

It does make sense. Yes, I have read in the other thread too that the caseworkers consider the date of decision if enough lawful residence have been accumulated rather than the date of application. Many Thanks for the clarification. I will go ahead and submit the In time application and book for the appointment when the lawful residence period has been accumulated. Much appreciated.

[faadibutt]

On 23/01/2024, I submitted an application for my wife for spouse visa extension applicaton. We didn't submit the Finger Prints yet and today we varied the application to ILR(SET LR) since she has completed the 10 years Lawful residence now. When varying the application, when the form asked "Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?" I said Yes to this question, When it asked to provide the reference number for the previous application. I had two reference numbers on the previous application. Unique Application Number (UAN) that was in the format 1234-1234-1234-1234 and another refernce number that was in the format UKVI_2LAA123123123. I was unsure which one to put so I decided to put the Reference number in the format UKVI_2LAA123123123 instead of the Unique Applicatoin Number. Now I am little confused if I did it right or wrong. When logging to the UKVCAS,I now get this message:
"We have detected multiple applications connected to this email address. Enter the UAN of the application you wish to access."
If I was supposed to put the other number (Unique Application Number) instead of the reference number, how can I sort out this issue?

[CR001]

The 2nd option is the one you should do, there is no need for any extension. This is a very common approach for people in such cases as the date of ILR decision is what matters in the end.

See: How to apply early and benefit from the date of the ILR decision ?

You were advised what to do in january and that an extension was not necessary and you chose to ignore the advice!!

[faadibutt]

The 2nd option is the one you should do, there is no need for any extension. This is a very common approach for people in such cases as the date of ILR decision is what matters in the end.

See: How to apply early and benefit from the date of the ILR decision ?

You were advised what to do in january and that an extension was not necessary and you chose to ignore the advice!!

Yes, Zimba very kindly gave that advice and I gave both options to my wife. To me, both options were the same but she was more comfortable with the other option of varying the application as there are less risks involved in applying when she has completed her lawful residence. So, we applied for extension last month and today, varied the application to SET LR when she has completed her lawful residence. Obviously, she had to pay the fee for previous and new application and IHS for previous application too but she was just more comfortable with that route.

[zimba]

The UKVI should be able to sort this out. For now, use the UAN on the UKVCAS site to book and enrol biometrics

[faadibutt]

The UKVI should be able to sort this out. For now, use the UAN on the UKVCAS site to book and enrol biometrics

Thanks Zimba, will UKVI be able to find out this mistake and sort out themselves or do I have to inform them in some way? I think its easy enough for them to find out the correct UAN from the reference number I provided which I think is the payment reference. I am just concerned that the caseworker don't consider it as a new application rather than a Varied application even though its specifically mentioned in the new application that there is an existing application with the HomeOffice already awaiting decision.

[zimba]

UKVI can see that there are two applications for the applicant. Also, you cannot have two pending applications at all, the new one will always be automatically a variation of the previous pending one.

[faadibutt]

Many Thanks zimba for your clarification. This will put my mind at peace.

[faadibutt]

Further to this, I have received Email from HomeOffice that why I was unable to enrol my biometric information yet for my application. As mentioned before, I varied this application already and submitted Biometric and supporting documents for new application already, seem like these haven't been varied yet since I put the payment reference instead of the application reference. I have submitted a Cover Letter with my application explaining that I am varying my existing application and hoping the case worker would pick this up when my application will be considered. The below is the Email text I got from HomeOffice.

"If there are exceptional circumstances as to why you are unable to enrol your biometric information within the specified time frame you must call the UK Visas & Immigration Contact Centre on 0300 123 2241 and explain why you are unable to attend"


I tried to call this number but its not working anymore and seems to have been changed. Is there any other way I can contact UKVI to clarify this?

[zimba]

The new application is a variation of the previous leave. You do NOT need to do anything special to vary and putting in the wrong reference is not that important. Notifications like this are generated automatically. I suggest keep contacting them and explain this for your sanity:

UK Visas and Immigration contact centre
Telephone: 0300 790 6268 - select option 2
Monday to Thursday (excluding bank holidays), 9am to 4:45pm
Friday (excluding bank holidays), 9am to 4:30pm

[faadibutt]

I managed to speak to them today. The call handler said that as long as I have submitted the Biometrics and Supporting Documents for my new application, I should be Ok and asked to ignore the Email.

[faadibutt]

Just an update on this that my wife's ILR application has been successful and we are waiting for her BRP to arrive. Many Thanks to everyone for the great help.

Just one last question, Can my wife apply for British Citizenship straight away since I am British Citizen or does She has to wait for a year before applying?

[CR001]

Just one last question, Can my wife apply for British Citizenship straight away since I am British Citizen or does She has to wait for a year before applying?

Please ask your British citizenship questions in the correct sub forum, link below. These questions are not relevant to the ILR topic or sub forum.

viewforum.php?f=42