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Ilr standard Vs priority

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tomarAT
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Ilr standard Vs priority

Post by tomarAT » Sat Jun 20, 2020 6:19 pm

Hi Everyone
Hope you all are keeping well.

just a quick check .. let say if we submit ILR application ( suppose today 20June) as a standard service (Becoz priority services are not Operational) and would like to vary our application from Standard to Priority services later (in case priority services get resumed in coming days ) then:
1. what are the step we have to undertake to vary the application from Standard to priority service?
2. I am assuming we can’t change already submitted application so it means we need to create a new application and mentioning the old application number awaiting decision ? or my assumption is totally wrong?
3. How we will get the refund of old application if the point 2 above is valid ? Are there any specific steps we have to do to get the refund ?
4. is refund is really possible as we are not withdrawing the standard Service application but just topping up with submitting another new application with priority services ?

Your views and guidance will be highly appreciated. Thanks

Regards

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CR001
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Re: Ilr standard Vs priority

Post by CR001 » Sat Jun 20, 2020 6:24 pm

1. You cant.

2. You have to withdraw and reapply and pay again.

3. Usually automatic.

4. You cannot "top up" an existing application. You have to withdraw and reapply and pay again. Refunds can take a few weeks.

There is no indication that the super priority service will be available any time soon.
Char (CR001 not Casa)
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tomarAT
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Re: Ilr standard Vs priority

Post by tomarAT » Sat Jun 20, 2020 7:05 pm

Thanks for coming back quickly CR001. Bless you.

Few more things :
1. How we do the application withdrawal. Is it happens by itself ( i.e by the system ) when submitted the new application and mentioned the old application reference number in it ?
2 or is it a manual process ( by submitting form or some other communication) ? If so then at what point we should trigger the withdrawal process ( after the biometric appointment at VACAS Or before) so that it doesn’t impact on the refund ?
3. If point 2 is true then do we still need to mention the old application reference number when submitting the new with priority service?

(just mentioning: My case Is “ILR For Tier 2 General - 5 years” and have submitted the application last week but no appointment is available at VACAS)

Regards

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Re: Ilr standard Vs priority

Post by CR001 » Sat Jun 20, 2020 9:00 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Ilr standard Vs priority

Post by tomarAT » Mon Jun 22, 2020 1:45 am

Thank you CR001 for your response once again.

I didn’t understand your last line “Your route to ilr is irrelevant to this”

I have submitted my application for indefinite leave to remain of category SET (O)

I am on Tier 2 general (sponsored) Visa and came to UK 🇬🇧 in May 2015

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seagul
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Re: Ilr standard Vs priority

Post by seagul » Mon Jun 22, 2020 4:07 pm

tomarAT wrote:
Mon Jun 22, 2020 1:45 am

I didn’t understand your last line “Your route to ilr is irrelevant to this”
Means the standard procedure applies irrespectively. If you will have the valid leave then may cancel your application before the biometrics unless UKVI won't have asked you to supply the supporting documents even before the appointment. Also there is no option to upgrade the application either automatically or manually with another service.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Ilr standard Vs priority

Post by tomarAT » Tue Jun 23, 2020 12:41 am

Thank you for your reply. But i feel this we can vary the application purpose (it could be anything like Standard to priority servive). This is what i read here (page 16-19):
https://www.gov.uk/government/publicati ... procedures

An applicant can vary the purpose of an application at any time before a decision on
the application is made. Any application submitted where a previous application has
not yet been decided is a variation of that previous application. An applicant can only
have one application outstanding at any one time. See Variation of an application for
leave: example scenarios.

If the applicant wishes to vary the purpose of their application, they must complete
the specified form and meet all the requirements of paragraph 34 of the Immigration
Rules for the variation to be valid.

When the original and variation applications are made online, the applicant will have
paid 2 fees. The higher fee will be retained and you must refund the lower fee.

A valid variation of purpose will look like a new application. You must check the
caseworking system to see if an earlier application exists which has not yet been
decided. This will tell you whether the new application is a variation of an existing
application or a new application. If it is a new application you must consider whether
it can be made.
If an applicant submits an application to vary, but a decision has already been made
on the original application, you must write to them and tell them that the application
will be treated as a new application.

Variation of an application for leave: example scenarios
An application can only have one application outstanding at a time, except for one
very specific exception as set out in example scenario 4 below, and where one
application is a human rights or protection claim. See: Varying an application for
leave to remain. When an applicant submits an application for leave followed by
another application for leave, the second application will either be a variation of the
first application, or a new application. The examples below explain how this works.
Example scenario 1
An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the
applicant transitioned to 3C leave.
Page 19 of 25 Published for Home Office staff on 30 November 2018
As the applicant transitioned to 3C leave and a decision has not yet been made on
application A, application B is automatically considered as a variation of application
A. The date of application is the date application A was submitted.
Example scenario 2
An applicant submits application A in time. They then submit application B before
application A has been decided, whilst they still have extant leave.
An applicant cannot be granted more than one type of leave at a time. Where 2
applications have been submitted whilst the applicant has extant leave, the second
application will be considered as a variation of the first application. The date of
application is the date application A was submitted.
Example scenario 3
An applicant submits application A out of time. They then submit application B before
application A has been decided.
An applicant cannot be granted more than one type of leave at a time. Where 2
applications have been submitted out of time, the second application will be
considered as a variation of the first application. The date of application is the date
application A was submitted.
Example scenario 4
An applicant submits application A in time. They transition to 3C leave and
application A is refused, and the decision is served with a right of appeal. The
applicant then submits application B, whilst still on 3C leave (for example, before the
time limit to appeal has ended)

for your more info please read paragaph 34 here:
https://www.gov.uk/guidance/immigration ... appLTRinUK

so moral is that we can vary the application (also from Standard to Priority) at anything unless the decision has not been made on the first application and also liable to get the whole refund.

This is what my question was when the discussion was started on Sat Jun 20, 2020 6:19 pm to the people.

anymore suggestions experts on this?

Regards

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CR001
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Re: Ilr standard Vs priority

Post by CR001 » Thu Jun 25, 2020 8:57 am

Varying an application is for example, vary an existing undecided tier 2 to ilr. It is not vary a standard ilr to a super priority ilr APPLICATION.

You cannot vary to change the SERVICE.
Char (CR001 not Casa)
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