Hi haris_zam,
As to the following,
However, i am not clear as to if i were to book an appointment for SET LR at the peo before a decision was reached on my FLR FP why there would be just a refund of IHS surcharge and not the application fee as well, I have heard on the contrary to this that you get a full refund ,correct me if I am wrong.
As per to the above, I am waiting on my refunds for FLR(FP) and IHS fee. With regards to the refunds for FLR(FP) £649.00 I myself have never been clear about it from the very beginning. Different stories for refunds to FLR(FP) application keep coming to surface all the time. To the best of my understanding the way it works is as follows,
1) You send in a SET(LR) application by post to vary from FLR(FP) and pay just the difference between the two, £1500.00 - SET (LR) minus £659.00 - FLR(FP) = £841.00 the remaining balance for SET(LR) by stating the amount of £841.00 on your SET(LR) file to be deducted through your bank account. However, as stated earlier, this is a long and risky process. Risky in a sense that the case workers are required to read both the FLR(FP) and SET(LR) files at the same time.
Please go through the following website for 3C and 3D leave,
https://www.gov.uk/government/uploads/s ... _clean.pdf
It states at page 23 as follows,
Effect of variation on original grounds
Unless the applicant makes it absolutely clear they want their application to be considered on the varied grounds only, you must consider both:
• the original application grounds, and
• the variation of the original application.
If you have any doubt about the grounds the applicant is applying under you must ask them to clarify
I made my application for SET(LR) to be considered on the new varied grounds only i.e for SET(LR) only. Hence my file for SET(LR) was not required to be read in conjunction with the previous FLR(FP) file. And hence the reason why I state that in my case it would be highly unlikely to get a refund for FLR(FP), IHS of course still stays refundable.
I would say go through the whole document a couple of times to get a better understanding of how variation from one file to the other works.
2) The second way is to put in a fresh application 28 days early to 10 years through Premium Service. You would however have to pay the full fee of £1900.00 online. What happens to the refunds for FLR(FP) in this case is something I am still waiting on. What my solicitors said is that you have put in a fresh application as change of circumstance which has been accepted with immediate effect. And so in this case your FLR(FP) application will be considered as withdrawn. When an application is considered as withdrawn by the applicant themselves then there are no refunds for that file.
Page 19 at the same website as stated above is worth reading,
https://www.gov.uk/government/uploads/s ... _clean.pdf
3C and 3D leave
Applications to vary leave during 3C leave
This page tells you what to do if an applicant attempts to submit a further application when they are covered by section 3C leave.
While the person’s leave is extended by section 3C or 3D, they cannot make a new application to extend leave. Section 3C does, however, allow the person to vary the grounds of their application at any time before it is decided by the Secretary of State. This is as a result of the Court of Appeal’s decision in ‘JH (Zimbabwe) [2009] EWCA Civ 78’.
A variation can:
• change the:
o length of time the person is applying to remain in the UK
o reasons the person is applying to remain in the UK
• allow someone to reflect a relevant change of their circumstances since the original application
• be made even if this requires the application to be made on a different form to the one required for the original application.
For more information on varying an application, see related link.
Whether you send in an application by post to vary your leave or go for premium appointment with fresh application, refunds for the first FLR(FP) is totally at the discretion of the case worker. This is because work has already been started on your file and it is the applicant himself or herself who has requested to put a stop to the first FLR(FP) application.
My solicitors have however written to the Home Office for refunds of both the FLR(FP) application and IHS fee. Only time will tell the probable outcome of the said. I shall however update about the refunds when I receive a response from the home office.
You stated,
I have another question , since my current leave is expiring in April and my masters program has finished with one paper to go on which I wont be given any extension from the college they said. So i managed to pull out a letter that i was authorized to work full-time till April as i wont be studying at the college next semester which starts Feb.
How are you authorized to work full time until April when your semester starts in Feb. So you would be working Feb, Mar and April full time while your semester at college is in full swing starting Feb???????????
And who is authorizing this work??????? More over have you completed a bachelors degree awarded by a University in the UK to enable you to say that you do not require a English language course. If yes then good and if not then how are you going to avail your masters degree in time to send it to the Home Office for English language requirements. Please clarify this with Home Office that if a letter from college itself for masters (without any degree which you get after degree awarding ceremony) would be sufficient enough to show that you don't require English Language requirements.
Further to your following statement,
but i dont want to be at point where a caseworker argues that i have gone over 20 hours and then i try to explain him and he may take the wrong end of the stick ..
I can only but give an example of one of my friends who sent his student extension for tier 4 general adult about 2 years ago and the Home Office through his NI number traced him working while he was not allowed to work at all. Although he crossed his 10 years about a year ago but this breach in his immigration status has since put him, his wife and four dependents in a lot of trouble going through appeals process etc. and is currently still on hold. Dear friend to the best of my knowledge, once you do not meet the requirements of the college for passing all modules in time, the college is under strict duty to let the HO know of this. I am not aware of how you and your college will manage this aspect of your outstanding module. If your college knows that you have crossed your 5 year threshold of bachelors and masters and that the likely hood of you is that you might not be granted any further extension to cover your outstanding module and your college draws this to the attention of HO, then it is highly likely that your current student visa might get curtailed to two months.
Let me give you an example of my University. Believe it or not, we in our course had to complete 13 modules in 7 months + thesis in 4 months. We by the University were allowed to fail 2 modules in total getting below the pass mark of 50% . We had 4 students who failed more than two modules in the 7 month period. There study cam to halt as these students were not allowed by the University to continue and after these students got notified to the home office by the University, there visas were curtailed down to two months. In our case since we were allowed to fail two modules in total, there were hence
NO resits allowed.
To work full time or part time or not at all is something which is not decided by a college letter but by the Secretary of the State. Standard timings for University students doing masters as it stands correct at the time, is 20 hours during term time per week and full time during vacations like, Easter holidays, Summer vacation, Christmas and the 4 months after the course completion period. You need to clarify about working with both the college and the home office. To me it sounds a bit dodgy.
cheer pal
