Varying application and Premium Service - (a bit urgent)

[strider8]

My case is as follows: Last visa (T4) expired December 2016. Current status Tier 2 application pending since January 2016.
I have secured another employment and the Certificate of Sponsorship has been issued. My question is since my current status is that I am awaiting the decision for a pending application and would be applying for a variation of application using the newly issued CoS would it be okay for me to use the Premium Service Centre (PSC). The ukvi website says "You must attend your appointment before your current visa or leave expires or your application could be refused." but my visa expired while an application was pending with the UKVI. Do you think I should post the application or get an appointment for the PSC? I looked at a thread about using PSC for varying application and someone advised that it is smart to go to the PSC where you got the letter from for a pending application - it all worked out for them since the PSC already had their passport, but I don't think their leave had expired.
I want to use the PSC because I am quite tired of waiting and even if the decision is deferred I am told that the decision still comes sooner than a postal application.
My apologies if my explanation is a little complex. Please let me know if you need any clarification. Would really appreciate some help.

Pre-emptive thank you!!

[hdenniso]

I would certainly go with an appointment at a Premium Service Centre. While I am certainly shocked at how long you've had a pending previous application, you very well *could* receive that application back. Also, if you did mail your first application away, wouldn't that contain your passport as well? Does that mean you have not had your passport since 2016 or am I being daft here?

Even if there is a deferral, you will be able to state your case to a person. If you were to submit it by mail, it would take active searching on the case worker's part to see that there are two applications. If you go in person, you can tell them and explain all of this. In my opinion, stating a case in person (nicely) goes a lot further than reading an explanation on paper.

Best of luck x

[CR001]

As your previous sponsors licence was revoked in September, have you not received a letter from HO as yet?

[strider8]

@hdenniso
That was one exquisitely drafted response - I read it more than once just because it made me feel better about the world.
I was thinking along exactly the same lines as you. My only concern is that apparently there is a chance that my appointment can be cancelled if I'm not eligible for PSC, in which case I think I will have to make another application. That being said I think it's still worth a shot even with the risks involved.
And yes my passport has been with them since January 2016 and 67% of my siblings decided to get married in this time - it goes without saying that I couldn't attend. I don't begrudge them the wait though since I could have very easily withdrawn the application. Still hurts a little. Every day I waited was more time invested and yeah. I'm sorry I digress but yeah it was mostly your response that led to the diatribe.

@CR001
Yes the licence was revoked in Sept'17 the beta service for checking application status continued to say "awaiting a decision" until two days ago when the UKVI discontinued this service apparently because the page no longer exists.

P.S. I apologise for the way I have replied I am not extremely etiquette savvy for these boards - hope you guys don't mind

[strider8]

I have another question: based on the rules on the UKVI website am I eligible to go to a PSC if my current leave has expired but I am in the country because I have an application pending? And I am going to the PSC to vary that application. This is conjunction with the details above.

Thank you o wise and helpful people.

[hdenniso]

My heart goes out to you.. I cannot imagine leaving my passport with the Home Office for close to two years, especially when 2 (I'm assuming) of your siblings have gotten married and you have been unable to attend. I think you definitely reach a tipping point where you either have to go all in and risk it in the hopes of a visa, or to cut your loses and move on with your life. At least, this has been the case for me, and I assume you from your description of your case.

I think it is better to try (in your case, to try for applying through a PSC) than to not try and not know. At the end of the day, the choice is yours. I truly hope all works out for you and that you'll be able to stay. I would take the fact that you never have received a curtailment letter from the HO as a positive sign. It's unfortunate that the HO can be difficult to contact regarding a case. If you are able to go through a PSC, then I hope everything works out in your favour.

x