gurus,
thanks very much for sharing your opinions here regarding my matter but I would yet urge not to put the last nail on this topic before I say my say and you also make some final comments.
First of all what I think that, we are mixing up variation( varying the grounds of an undecided application) with variation( an in time application for extension) and also section 3c. I have following few points for u guys to consider about.
1) according to section 3c(4) an applicant cant make an application for variation( which is a new application) while his leave has already been extended by section 3c(2). here the word "variation" does not mean varying the grounds of an undecided in time application rather it means an application for extension.
2)according to section 3c(5) variation of application is permissible under section 3c(1) (a )which means an in time application( which is also a variation). I think here obie has got disagreement while his understanding is ,this variation is the variation of the grounds of an application where the outcome is pending where as i think its merely making an in time application which is also called variation. so here the law is not even talking about the variation i am talking about.
now lets have a look at the variation law from the same link obie has provided.
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf.
here in page 35 it says " the applicant can vary the ground of the application anytime before the application is decided. when the case worker is deciding the application he needs to decide whether there is any section 3c to know whether there would be any appeal right"
the above statement proves if section 3c was a must for the variation of the grounds of the application then there was no question of mentioning it in the above fashion. rather its been mentioned only to determine whether there will be any appeal right or not. I believe i have made my argument clear here. now i need an unbiased and unequivocal final approval from obie and amber. thnaks
