10 years

[uali123]

helloo friends,

I have been in the country for 10 years as student my student visa application was pending with home office and i completed 10 years . so my immigration advisor sent SET(LR) for me . today i got email from home office asking if i want to withdraw existing student visa application and be considered for the other application pending.

IF I withdraw existing application then its not variation I will loose my existing fees , I have paid full fees for Set(lr)?.

should I withdraw this application as when set(lr) was filed I was under section 3c and previous application was in time valid application . Will Set(lr) be considered valid? if tier4 application is withdrawn .

[Amber]

You want to make sure your application is varied to SET(LR) not withdrawn, write back and tell them. It might be it's just the way they word it but get it clarified.

[uali123]

You want to make sure your application is varied to SET(LR) not withdrawn, write back and tell them. It might be it's just the way they word it but get it clarified.

this exact what they have written.

I am contacting you in relation to your two seperate outstanding application under two different categories of immigration rules.

I note that you have provided a chage in circumstances form which states you wish to vary the grounds of existing current application under tier4 of immigration rules.

please can you confirm whether or not you wish to withdraw your application under tier4 in order to pusue your other current application, which was submitted under long residency criteria.


please advise what should I do . my immigration advisor has that we will withdraw tier4 application . Is this right ?

[vinny]

If you withdraw and subsequently become an overstayer, then you immediately lose:
1. Your previous application's fees.
2. Your right of appeal.
3. Your right to work (if you had any).

As Amber stated, vary the undecided in-time valid application, not withdraw.

Cite JH (Zimbabwe) [2009] EWCA Civ 78.

[uali123]

As Amber stated, vary the undecided in-time valid application, not withdraw.

Cite JH (Zimbabwe) [2009] EWCA Civ 78.

they have mentioned it themselves that I have provided a change in circumstances form to vary the existing application . from the links you posted it is clear I cannot make a fresh application while section 3c in force but vary the grounds of existing application .



should I cite these references in my letter that I send them or just send a simple reply stating that I just want to vary existing application .
my advisor is adamant that I should ask them to withdraw as these are now two different applications and both offices are in different places . he has left it on me now to go through him or change my advisor .
can I do this myself or need representation ?.

How will I become over stayer Vinnie as there is Set(lr) still with them if one is withdrawn sec 3c is still protecting me .

[vinny]

You cannot make a fresh application while Section 3C is active. Hence, if you withdraw, then Section 3C will cease and you will become an overstayer.

However, as stated, you may vary an undecided in-time valid application (to Long Residence).

Cite JH (Zimbabwe) [2009] EWCA Civ 78.

[uali123]

You cannot make a fresh application while Section 3C is active. If you withdraw, then Section 3C will cease and you will become an overstayer.

However, as stated, you may vary an undecided in-time valid application (to Long Residence).

Cite JH (Zimbabwe) [2009] EWCA Civ 78.

. I understand your point that set(lr) will be considered fresh application once tier4 is withdrawn , but how do I explain this to them , by citing references or just a simple reply . I am already over 10 years of legal residence in the country 8 months were covered by tier4 pending application .

[vinny]

Cite JH (Zimbabwe) [2009] EWCA Civ 78.

[uali123]

Cite JH (Zimbabwe) [2009] EWCA Civ 78.

I have read this judgement Vinny , thank you for your patience in replying so many times and explaining same thing over again.
I submitted cover letter while sending set(lr)
had mentioned several places on set(lr) that this is variation of existing application .
I have submitted change of circumstances form.
they have themselves written in their email regarding my change in circumstances form . Biometrics have been submitted for set(lr) as-well as tier4

Please advise should I just reply to that email stating clearly , I do not wish to withdraw my tier 4 application, set(lr) form submitted is a variation of existing application .
or should I be more specific citing cases and links from home office website ?.
or anything else you would recommend .

[vinny]

Please advise should I just reply to that email stating clearly , I do not wish to withdraw my tier 4 application, set(lr) form submitted is a variation of existing application .
or should I be more specific citing cases and links from home office website ?

Yes to all of the above.

State that you do not wish to withdraw your tier 4 application, set(lr) form submitted is a variation of existing application
and be more specific citing cases and links from home office website.