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Varying an application

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manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Varying an application

Post by manci » Thu May 20, 2021 6:32 pm

According to p18 of the Validation, variation and withdrawal of applications guidance

An applicant can vary the purpose of an application at any time before a decision on the application is served.

Does the term "vary the purpose"in some way constrain or limit the applications that an be varied?

In a present case on the forum the sponsor incorrectly assigned a defined CoS for a change of employment application. The applicant went ahead and applied, paid the fees, uploaded documents and provided his biometrics. UKVI has not yet served the decision.

The sponsor realised his mistake, is cancelling the defined CoS and will assign an undefined CoS to the applicant.

In these circumstances can the applicant vary his application using the new undefined CoS?

To my mind the purpose of the application would not be varied, it would remain the same - change of employment.
Personal opinion, not professional or legal advice

secret.simon
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Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Varying an application

Post by secret.simon » Thu May 20, 2021 6:42 pm

manci wrote:
Thu May 20, 2021 6:32 pm
In a present case on the forum
Perhaps it may be better if you link through to the case.

To my mind, I do not see any constraints/limits on the variation. It seems (on the face of it) that it is possible for one application to be varied to another identical application with more correct details.

Perhaps in the sense that I understand them, "variation" and "vary" are incorrect/imprecise words in this specific context, and it may be better to substitute them with (or vary them to) "substitution" and "substitute".
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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