Question on Varying the ILR application

[T1G_ILR]

Dear Gurus,

First of all, let me thank all of you for providing help and information to the Forum. I have been silent reader for quite some time now. I have already acquired British Citizenship with help from this forum. The questions I am going to ask is on behalf of my sister's husband.

Immigration history:
- Entered in UK as Tier - 4 dependent partner in June-2009
- Converted to Tier -1 General migrant in Jan - 2011
- Extended Tier - 1 General in Feb - 2013
- Applied for ILR on basis of 5 year of Tier - 1 General in Feb - 2016.
- Varied ILR application to FLR(FP) as private family life in UK on 26/01/2018 (They have 2 kids, aged 15 & 11 entered in UK in Oct -2011)
- ILR rejection received on 31/01/2018 - Letter received on 02/02/2018 - Rejection due to Tax issues & 322(5) imposed.

Questions:
1. As the ILR application was varied to FLR(FP) before the decision, is it possible to challenge rejection & how?
2. If rejection can't be challenged, what happens to 3C leave.

Thank you very much.

[zimba]

How did you vary ? Was variation of leave accepted ??

[CR001]

You 'varied' your application, presumably by post, on a Friday. The refusal would likely already have been decided and the letter from HO would likely have already been sent out if you got it on the 31st.

[T1G_ILR]

You 'varied' your application, presumably by post, on a Friday. The refusal would likely already have been decided and the letter from HO would likely have already been sent out if you got it on the 31st.

Thanks for the reply, Zimna & CR001.

Applied FLR(FP) by post on 26/01/2018 & received by HO on 29/01/2018.
The ILR refusal letter is printed on 31/01/2018 i.e. 2 days after they received FLR(FP).
Rejection letter was received on 02/02/2018

[CR001]

Where did you send the Set(O) form and where did you post the FLR(FP) form to?? They are two different departments and postal addresses.

You have cut it so fine in sending FLR(FP), and depending on where you sent it, would have reached the ILR department too late.

[T1G_ILR]

Where did you send the Set(O) form and where did you post the FLR(FP) form to?? They are two different departments and postal addresses.

You have cut it so fine in sending FLR(FP), and depending on where you sent it, would have reached the ILR department too late.

Set(O) Sent to:
Indefinite Leave to remain
PO Box 591
Durham
DH1 9FS

FLR(FP) Sent to:
Leave to remain
PO Box 646
Durham
DH1 9LL

I understand it was critical time between FLP(FP) application and the decision on Set(O). But what is the best way to go forward? Many thanks.

[T1G_ILR]

Can someone please help in answering questions above?

[CR001]

You have sent applications to two different departments.

Did you write a covering letter with your FLR(FP) application?

Once HO receives applications, it first goes to payment department and then to the 'caseworker' department. This takes a couple of days.