Vary FLR FP to SET LR

[Singh21]

Dear All Moderators

I need your help to vary my application from out of time application flr fp tp set lr.
I am going to peo in 2 weeks time. I would be submitting my application by myself. you guys have help lots of people and i am looking forward for your support for next 2 weeks.

my immigration history in short:-
I entered UK on 4th Sep 2006(followed by tier4, psw and tier2)
FLR FP applied on 7th Jan 2016
FLR FP refused on 24 May 2016 (No in country appeal right )
Fresh FLR FP application made within 28 days on 20th June 2016
Eligible for ILR on 8th August 2016(Prior to 28 days)
My Question is:-
1. Can i vary my out of time flr fp application at window?.
2. Do i need to mention about my out of time application in cover letter?.
3. am i still lawful in the country to qualify for ILR?
4. As i dont have valid leave so can i still go to window 28 days prior to my 10 years.
5. Do i need to mention in my cover letter about considering discretion in my case.

Hope moderators or senior members can help me. That would be really appreciated.

Many thanks

[Casa]

PSC appointments aren't for complex applications as the Case Workers are of a junior level and don't have the authority to make a decision on the day.
At best it will be referred to a senior Case Worker for verification and will join the postal queue at the premium fee, or it could be refused without referral at the PSC.
Where is your passport at present?
The HO have begun to refuse visas for applicants who have made (in their words) 'frivolous and vexatious' applications in order to buy time to reach LR.

[Singh21]

PSC appointments aren't for complex applications as the Case Workers are of a junior level and don't have the authority to make a decision on the day.
At best it will be referred to a senior Case Worker for verification and will join the postal queue at the premium fee, or it could be refused without referral at the PSC.
Where is your passport at present?
The HO have begun to refuse visas for applicants who have made (in their words) 'frivolous and vexatious' applications in order to buy time to reach LR.

Hi Casa

Thanks for reply
My passport is with home office. I have serious human rights issues but unfortunately home office refused without in country appeal right.
My 10 years have been very good but unfortunately just before 2 months i got refused.

I know that i don't have good chance but just want to do the right thing moving forward.

Many Thanks

[Casa]

Then apply by post. This won't be decided at a PSC due to the complexity of your case and the fact that your passport is with the Home Office.

Section 7 - When you can't use the service includes:
someone whose case is complex because of personal circumstances

https://www.gov.uk/ukvi-premium-service ... he-service

[iworker]

i dont see what basis you can apply for ilr (LR) when you dont have a current leave and have not completed 10 years. from what i see, you are 9 months short of 10 years..

[CR001]

i dont see what basis you can apply for ilr (LR) when you dont have a current leave and have not completed 10 years. from what i see, you are 9 months short of 10 years..

OP entered the UK in Sept 2006. Why do you say 9 months short?

[Singh21]

Thanks a lot Casa

[Singh21]

Then apply by post. This won't be decided at a PSC due to the complexity of your case and the fact that your passport is with the Home Office.

Section 7 - When you can't use the service includes:
someone whose case is complex because of personal circumstances

https://www.gov.uk/ukvi-premium-service ... he-service

Hi Casa

I want to ask you if I can vary my application on 8th August(28 days early date) or
Do I have to complete full 10 years?. ( just Bez I don't have valid leave)

Thanks a lot

[Casa]

To be honest, I'm not sure.

[iworker]

@CR001
Since the OP visa expired and his LTR application turned down in Jan, he is currently in appeal process and not have a valid leave.. unless the decision is overturned, how can he apply for LR when he doesnt have a leave?
Obviously, i am not good at this stuff and might be wrong.

[Casa]

@CR001
Since the OP visa expired and his LTR application turned down in Jan, he is currently in appeal process and not have a valid leave.. unless the decision is overturned, how can he apply for LR when he doesnt have a leave?
Obviously, i am not good at this stuff and might be wrong.

You probably intended this for me, not CR001? I agree, which is why I have advised not to apply through the PSC. However, the OP has submitted a FLR(FP) application, not an appeal.

[iworker]

sorry, my bad.. must have confused with another post.
I think having a new application in, rather than an appeal is even worse. If the OP is being honest, he had no basis for FLR (FP) initially and not when he applied again.. Him thinking that with application and when refused another application will take him pass 10 years, is just him fooling himself.. Hence as per my original post that OP has 9 months short of 10 years and wont be eligible for LR. what do u think?>

[Singh21]

sorry, my bad.. must have confused with another post.
I think having a new application in, rather than an appeal is even worse. If the OP is being honest, he had no basis for FLR (FP) initially and not when he applied again.. Him thinking that with application and when refused another application will take him pass 10 years, is just him fooling himself.. Hence as per my original post that OP has 9 months short of 10 years and wont be eligible for LR. what do u think?>

Hi iworker

Thanks for your reply.
I never said that I had no basis of flr fp, infact I have very strong human rights ground. Unfortunately I did not get appeal right. Even second flr fp sent with example and evidence, which could support our human right grounds.

I haven't received my bio letter yet and planning to vary it in 2 weeks time.

Thanks

[iworker]

sorry i shouldnt have said u didnt have a reason to apply FP.
However, how would varying the application help, when you do not have a current leave. your last leave was till Jan and since then you do not have leave. Or at least that is what i think

[Singh21]

Hello All Moderators
Could you please help me with SET LR application

Flr Fp refused on 25 May16, fresh Flr fp made within 28 days. Completing my 10 years next week (Before 28 days) My passports are with HO. What would be my following answers for these questions:-

1. Previous address 1(Do i need to add extra sheet for last 5 years previous address)

C4. Is your current Passport/Travel document enclosed? Yes go to C6 No go to C5

C6. Do you have any passport or travel document which contains a previous grant of leave or which you used when you last travelled to the UK?

D1. What is your current immigration status in the United Kingdom?

D4. When does your current leave expire?

D5. If your leave to enter/remain has expired, did this leave expire more than 28 days before this application was made? ----------Yes go to D6--------- No or not expired go to D7

D6.Tick to confirm you are submitting evidence of exceptional circumstances which prevented you from submitting your application within 28 days of overstaying.

D7. Have you ever stayed in the United Kingdom beyond the end of your period of leave?

Section 4 – Documents (Should I tick these box)

Your current passport or travel document. If you last entered the UK on a previous passport or travel document, please also provide this document if you have it.

Your Biometrics Residence Permit if you have been issued with one since entering the UK.


I hope moderators can help me with these questions.

Many thanks
Singh21

[noajthan]

What do you think your answers are?

[Singh21]

Hello All Moderators

Thanks noajthan for your reply, to be honest i am confused with answers so i really need your help. Hope you can help me.

Could you please help me with SET LR application

Flr Fp refused on 25 May16, fresh Flr fp made within 28 days. Completing my 10 years next week (Before 28 days) My passports are with HO. What would be my following answers for these questions:-

1. Previous address 1(Do i need to add extra sheet for last 5 years previous address)
Ans- Do i add extra sheet or print same page to fill previous address.
C4. Is your current Passport/Travel document enclosed? Yes go to C6 No go to C5
Its with HO so technically No but i still need your help.
C6. Do you have any passport or travel document which contains a previous grant of leave or which you used when you last travelled to the UK?
YES i have but passport with HO, Again need your help
D1. What is your current immigration status in the United Kingdom?
overstayer
D4. When does your current leave expire?
is it 25th May (Refusal of flr fp) or 7th Jan when i made flr fp
D5. If your leave to enter/remain has expired, did this leave expire more than 28 days before this application was made? ----------Yes go to D6--------- No or not expired go to D7
i dont know the answer as my application is with HO. (second flr fp sent to HO within 28 days of first flr fp refusal)
D6.Tick to confirm you are submitting evidence of exceptional circumstances which prevented you from submitting your application within 28 days of overstaying.
i don't know (depend on previous answer)
D7. Have you ever stayed in the United Kingdom beyond the end of your period of leave?
yes
Section 4 – Documents (Should I tick these box)

Your current passport or travel document. If you last entered the UK on a previous passport or travel document, please also provide this document if you have it.
Its with HO so should i tick the box
Your Biometrics Residence Permit if you have been issued with one since entering the UK.


I hope moderators can help me with these questions.

Many thanks
Singh21

[knucks]

sorry, my bad.. must have confused with another post.
I think having a new application in, rather than an appeal is even worse. If the OP is being honest, he had no basis for FLR (FP) initially and not when he applied again.. Him thinking that with application and when refused another application will take him pass 10 years, is just him fooling himself.. Hence as per my original post that OP has 9 months short of 10 years and wont be eligible for LR. what do u think?>

Hi iworker

Thanks for your reply.
I never said that I had no basis of flr fp, infact I have very strong human rights ground. Unfortunately I did not get appeal right. Even second flr fp sent with example and evidence, which could support our human right grounds.

I haven't received my bio letter yet and planning to vary it in 2 weeks time.

Dear Singh21,

I hope you are well.

Are you varying your SET LR application via post or peo ?

Regards

Thanks

[Wanderer]

sorry, my bad.. must have confused with another post.
I think having a new application in, rather than an appeal is even worse. If the OP is being honest, he had no basis for FLR (FP) initially and not when he applied again.. Him thinking that with application and when refused another application will take him pass 10 years, is just him fooling himself.. Hence as per my original post that OP has 9 months short of 10 years and wont be eligible for LR. what do u think?>

I'm almost on the edge of despair with posters tagging on to others' threads, I've no idea what relates to what mostly now especially as my attention span is dwindling nowadays....

Maybe three strikes and out scheme, no exceptions because it is becoming a real issue for me certainly, with several threads on the one thread frequently.

No slur on the mods, they are doing a sterling job unpicking this stuff, but they shouldn't have to do it in the first place if posters would exhibit some common decency.

[CR001]

sorry, my bad.. must have confused with another post.
I think having a new application in, rather than an appeal is even worse. If the OP is being honest, he had no basis for FLR (FP) initially and not when he applied again.. Him thinking that with application and when refused another application will take him pass 10 years, is just him fooling himself.. Hence as per my original post that OP has 9 months short of 10 years and wont be eligible for LR. what do u think?>

I'm almost on the edge of despair with posters tagging on to others' threads, I've no idea what relates to what mostly now especially as my attention span is dwindling nowadays....

Maybe three strikes and out scheme, no exceptions because it is becoming a real issue for me certainly, with several threads on the one thread frequently.

No slur on the mods, they are doing a sterling job unpicking this stuff, but they shouldn't have to do it in the first place if posters would exhibit some common decency.

We despair too Wanderer It is hugely annoying and time consuming.

[Singh21]

Hello Everyone

As I have mentioned early in my other post that my ILR has been approved.
I would need your help to understand my wife's application now.

I and my wife applied two different application of FLR FP in June. I varied my application to ILR and her application is still pending. Now my questions are:-

1. Do I need to send my passports and BRP card copies or originals? (I need my documents until I sign my new job contract)

2. Do I need to vary my partner FLR FP application or just send the section 7 family file as a partner?

3. She was my dependent before my tier 2 visa was curtailed in January this year. What type of application do I need to send for my partner.? Is it existing FLR FP or any other application?

Hope all moderators can help me with this.

I would like to thanks, all moderators once again to create this forum as I mentioned earlier on the other topic.

Big Thanks once again

[jengland]

Singh21,

Congratulations to you on your ILR approval.
You have scaled through the hardest part.
In my view concerning your dependant, you have to vary her application using FLR(FP), fill out Section 7 (family life as a partner). Do not use FLR(M) because you have to show the mandatory maintenance fee of more than £18,000/year.

Please I need your help too. I am in the same situation as yours.
1. I want to vary my application from FLR(FP) to SET(LR) in April 2017.
2. Is it appropriate to use PSC being that I was overstayed within 28days after my in-time 2ND tier appeal was refused while my application still pending?

Please I need to talk to you. My email: Email removed by moderator
Thanks

[CR001]

Singh21,

Congratulations to you on your ILR approval.
You have scaled through the hardest part.
In my view concerning your dependant, you have to vary her application using FLR(FP), fill out Section 7 (family life as a partner). Do not use FLR(M) because you have to show the mandatory maintenance fee of more than £18,000/year.

Please I need your help too. I am in the same situation as yours.
1. I want to vary my application from FLR(FP) to SET(LR) in April 2017.
2. Is it appropriate to use PSC being that I was overstayed within 28days after my in-time 2ND tier appeal was refused while my application still pending?

Please I need to talk to you. My email: Email removed by moderator
Thanks

Suggest re-read the forum T&Cs and get up to speed on what you can and cannot post on the forum. Final warning.

[jengland]

OK. Sorry for violation of T&C. It was not intentional.

Thanks for your correction.

[jengland]

Dear able Moderators,

Any advice?