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HI
i am planning to apply on LR however my current visa expires in the end of june and i will be completing 10 years in mid of August, so question is for londer residency what date the cw see's? the date of posting application or the date when he will actually look at my file to process??

regards

Date of application is the date you post it.

hmm are you sure on this that the cw consider the date of application posting instead the date which he actualy picks the case?

regards

I have the same question

CR001 wrote:Date of application is the date you post it.

CR001 has given you the correct advice.

Ok Thanks

Plzilr wrote:HI
i am planning to apply on LR however my current visa expires in the end of june and i will be completing 10 years in mid of August, so question is for londer residency what date the cw see's? the date of posting application or the date when he will actually look at my file to process??

regards

Send in an FLR (O) application with the 1.5 months reason, pay by cheque ( it takes a few days longer ), delay the biometrics ( you will get 2 letters, one original and one reminder which will take a month in total ). By then you should be 45 days, vary the application to Set (LR) and you will have completed 10 years.

FLR O might be an option
But If SET LR is sent via post before time in this case 1.5 Month before. Will it be rejected or invalid? any options will be given to apply fresh application etc?or wil face removal?
What are the possibilities of outcome here.

See also Short of 40 days for Long Residence 10 year.

Dear experts

I entered in this country on 15 September 2006 and my qualifying period for LR is starting by 18th of August

Now question is I have already sent my set o last month and I met few solicitors regarding varying of application and some of them saying I can't vary unless I reached to 10 years as applying 28 days rule before doesn't apply in my case as my current leave is already expired so I should wait until mid September and should vary to Set LR

Can anyone confirm if they saying this right as I have seen many cases on this board applicants varying their application to other categories and got their ILR

Regards
M

M.

Plzilr wrote:Dear experts

I entered in this country on 15 September 2006 and my qualifying period for LR is starting by 18th of August

Now question is I have already sent my set o last month and I met few solicitors regarding varying of application and some of them saying I can't vary unless I reached to 10 years as applying 28 days rule before doesn't apply in my case as my current leave is already expired so I should wait until mid September and should vary to Set LR

Can anyone confirm if they saying this right as I have seen many cases on this board applicants varying their application to other categories and got their ILR

Regards
M

Hi
They are not right as you can vary your application within 28 days before 10 years. Which application are you varying to?

Hasan

@Hassan

From set o to set Lr..

Do you know if there is any guidance regarding this please or know anyone who has varied application before 28 days and got visa successfully??

Can anyone explain what does it mean as I am understanding that if your already one application under process with 3c leave one cannot vary application otherwise cw will automatically invalid the new application

Am I understanding right?

what basis did u apply set (o).
what was your last visa u had?

iworker wrote:what basis did u apply set (o).
what was your last visa u had?

T1 general

Plzilr wrote:Can anyone explain what does it mean as I am understanding that if your already one application under process with 3c leave one cannot vary application otherwise cw will automatically invalid the new application

Am I understanding right?

No.

You may vary an undecided application.

Hi Plzilr,
Do not panick. Do as Vinny suggested.

vinny wrote:

Plzilr wrote:Can anyone explain what does it mean as I am understanding that if your already one application under process with 3c leave one cannot vary application otherwise cw will automatically invalid the new application

Am I understanding right?

No.

You may vary an undecided application.

According to my interpretation and understanding if your leave is extended my section 3C, then you CANNOT vary an application but according to section 3C (5) you can AMEND an existing application even if your leave is currently extended by section 3C.

Example:
Current Visa expires 30/04/2016
submitted in-time application on 18/04/2016
you can only vary the in-time application (before a decision is made) anytime until the 30/04/2016.
you can no longer vary the application from the 01/05/2016 as you stay is only extended by section 3C. from 01/05/2016 section 3C (5) allows you to amend the application before a decision is made.

Please seek other people's opinion as well, I might be wrong.


https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

page 11

There may be some confusion over the terminology.

vinny wrote:There may be some confusion over the terminology.

@vinny, do you think my opinion/interpretation is wrong. I need to vary a dependant's application this coming week.

I think in this case "amend" an application and "vary" an application means the same thing.

The crucial thing is that it's done before they make any decision on the original in-time application.

Plzilr wrote:Dear experts

I entered in this country on 15 September 2006 and my qualifying period for LR is starting by 18th of August

Now question is I have already sent my set o last month and I met few solicitors regarding varying of application and some of them saying I can't vary unless I reached to 10 years as applying 28 days rule before doesn't apply in my case as my current leave is already expired so I should wait until mid September and should vary to Set LR

Can anyone confirm if they saying this right as I have seen many cases on this board applicants varying their application to other categories and got their ILR

Regards
M

I was in your shoes couple of months back. I was only 15 days dhort of completi g the 10 years. I called home office and spone to several solicitors, they all told me similar things that the 28 days rule does not count towards my 10 years it only enable me to apply 28 days in advance as long as my current visa is valid up until the date i actually complete the 10 years.
So i opted to submit flr (o) and vary to set (lr) a day after i completed the 10 years via PEO, the case worker asked why i submitted flr(o) that i could have waited till that day and just make the application and it will still be okay.
The truth is: It all depends on the Case worker, 1 caseworker might be fine with it while another isnt and also on you, if you are willing to take the risk or not.

You may normally apply up to 28 days prior to the completion of your qualifying period. If you have leave when applying, then you should be fine.

There may also be other options.

problem is there no where says in guidance that if your 3c is extended through in time application in process and your leave to remain expired in mean time then you can not vary before 28 days