FLR (FP) pending variation to SET(LR)

[Shogun75]

Hello,

Is there a mechanism in the Rules which allow to vary pending application from FLR(FP) to SET(LR)? If yes, is it a case of withdrawing the current FLR(FP) application and sending an SET(LR)? Will Section 3C be valid and accounted for in that case?

My dependants have fallen off the PBS-Dependants route when I was "compelled" to vary a Tier 1 (G) extension application into an ILR(LR) during an appeal. I am now BC and they have been granted leave under Appendix FM, with a view to complete the 10 years for LR. There is no adverse history and all other criteria (i.e. Income, KoLL) are met.

We are now in a situation where FLR(FP) has not been decided and the 10 years could potentially be completed before a Decision is made.

Thanks in advance,

[Shogun75]

I've not received any reply from the Gurus on this post....

As an update, we have sent the SET(LR) applications anyway, given that the other FLR (FP) application has not yet been decided since Apr 2017 and the 10 years lawful continuous residence have now been completed.

I relied on Page 17 of the following HO document:
https://www.gov.uk/government/uploads/s ... n-v1.0.pdf

I am expecting an aknowledgement letter from the HO, confirming the variation of the original application from FLR(FP) to SET(LR).

Life in the UK test has already been passed.
The only difficulty is that the English ESOL test taken in 2014 is no longer valid and therefore SELT need to be taken. Unfortunately, SELT test centres accept only biometric cards and passeports, which are incidentally held by the HO... A chicken and egg situation really...

SELT centre ask us to request passports back from HO just for the purpose of taking the English test. I'm not sure how that works without withdrawing the application which by the way has extended the stay in the UK by virtue of Section 3C, the previous leave having expired in May 2017...

Let's wait and see how the situation will develop...

[sanshah]

Hi there ! I am in similar sitaution like you my previous Tier 1 G ILR application was refused and i was 1 month and few days short of my completing 10 years, i did apply for FLR fp to cover that period and as soon i completed my 10 years i applied ilr LR. My solicitor advised me to wait until i get my bio metric letter before i withdraw my FLrFP application. Today i got my an email from HO that they r considering my case and issued me case ID. Now i want to claim a refund of my previous application FLrFp as i paid IHS health surcharge as well and did not give my biometric for that.

[Shogun75]

Just an update in case someone is going through the same situation...

The situation is:
2 Dependants of BC (through 10-yr LR):

• Partner

• 18-yrs old adult dependant in full-time University course

The timeline is:

• Nov 2014: Granted 2.5 yrs Leave to Remain under Appedix FM.

• Apr 2017: Applied for extension of Leave to Remain using FLR(FP) and submitted biometrics.

• Aug 2017: Passport in HO custody expired.

• Sep 2017: Completed 9yrs and 11mths LR and requested variation of FLR(FP) into ILR(LR).

• Sep 2017: SELT centre refuses UK Driving Licence and demand Passports (held by HO) as proof of ID.

• Dec 2017: Variation accepted by HO and new biometrics submitted for ILR(LR).

• Jan 2018: Completed SELT in approved centre, having received new passports from Embassy.

Now waiting for HO decision on ILR(LR),
All conditions believed to have now been met including KOLL and SELT.

[Shogun75]

Final update on this one...

• Jan 2018 ILR granted for both dependant.

That was a long journey!!

All the best for everyone still in the process.

AKT