Cancellation of ILR appointment

[Dinky]

HI,

I have paid and submitted an application for ILR, thinking that the application day would be the date when I have my apppointment. However, I later found out that application day is the date when I send in the online application.
Because of this, I have ended up applying before I am eligible.

I have not yet booked an actual appointment.
So, how do I cancel the appointment and will I get a refund?

Thanks in advance

[SAMISPOUSAL]

sorry to hear of your anxiety

. different rules and qualifying dates apply to different applications .so..give time line and background basic info..

some moderators have loudly (vociferously) stated on many posts that the appointment date will be your application date
different dates are arrived at using different methods .. eg date of visa grant , 5 years of being in UK, end of visa ....
the case worker should give you the best scenario to your benefit ...
good luck



I am not a lawyer or an expert just a helpful observer

[Dinky]

Hi
After the visa granted 5 year completes on 20 January 2019. With the 28days rule I am eligible from 24th December 2018. As it is difficult to get an appointment I applied on line on 16th November 2018, thinking I will book an appointment in the 1st week of January. I haven't yet booked an appointment.

If the date they calculate 5years is the date I applied online, Then my ILR will be rejected as there is a short of few weeks.

That is why I was thinking of cancelling the application.

[CR001]

Hi
After the visa granted 5 year completes on 20 January 2019. With the 28days rule I am eligible from 24th December 2018. As it is difficult to get an appointment I applied on line on 16th November 2018, thinking I will book an appointment in the 1st week of January. I haven't yet booked an appointment.

If the date they calculate 5years is the date I applied online, Then my ILR will be rejected as there is a short of few weeks.

That is why I was thinking of cancelling the application.

It is NOT difficult to get an appointment with the new system. Note that there are no longer in person same day premium service appointments, the system has closed.

It would be useful to state what your visa route you have been on exactly as the qualifying period starting point differs across different visa categories, as the previous user has stated.

[oldmankensey]

this has happened to quite a few people on here, me included

Here are a couple of threads worth looking at:

indefinite-leave-to-remain/submitted-on ... 67755.html

indefinite-leave-to-remain/set-lr-date- ... 68715.html

indefinite-leave-to-remain/submitted-da ... 67084.html

People who have made this error have chosen different paths. Some have cancelled and tried to get refunds. Some have gone ahead with the appointments. I'm in the latter group and have been waiting 6 days for a decision so I'm somewhat of a guinea pig really.

There is some evidence in the guidance that different routes might get different outcomes, especially when it comes to date of application vs. date of decision. SET(M) is not one of those - we applied for SET(M) so going by the letter of the guidance we found, the visa could well be declined. It will come down to caseworker discretion quite possibly.

In any case, we have still not had one confirmed case of a visa approval in this situation where the online form was submitted too early - but it's also true, at least in this current batch of applications under the new appointment system, that I have not read yet of a visa rejection under these circumstances either.

[oldmankensey]

I'd also like to add that this is something the HO has seen a big spate of recently, with the paper forms being withdrawn and the new, faster appointment system being introduced.

I think I've counted about 8 examples on this forum just in the last couple of weeks, so you can multiply that number enormously for the big world of visa applicants out there. I would hope that perhaps an internal memo is passed around imploring a bit of caseworker flexibility while the new system beds in. They must have had hundreds of similar applications cross their desks in the last couple of weeks, a flag must have been raised somewhere and I refuse to believe they would reject them all out of hand on such a technicality.

[Dinky]

Hi All,
A big thank you for all the advice. As the ILR fees will not be refunded, I think I will go ahead with this application but will book an appointment date on which I am eligible. Will update you all on what the outcome is.
Thank you

[asemberry]

Hi
Please could you kindly update what happened when you decided to go for it and try even though your online form was submitted earlier? Many thanks!!!