Post
by kartisar » Mon May 03, 2021 1:49 pm
Double checking with expert please. please below from guidance
refer to guidance please if possible please confirm the understanding
Q1, if someone made FW app before leave expire they will be given 10 days to make new app and 3c will extended.
Q2, if they made app within 10, then 3c stay and lawful residency will be intact
if @zimba will answer that will be great.
For in time applications
• if the applicant made their request for a fee waiver in time (for example they had valid leave on the date their application was submitted), they should normally be told of a decision that they do not qualify for a fee waiver. If any additional evidence is requested they should be told to submit that in order to demonstrate they can qualify for a fee waiver. They must, within 10 working days of the decision being dispatched, submit this additional evidence that demonstrates they qualify for a fee waiver.
• if additional evidence is provided within that period that demonstrates the applicant qualifies for a fee waiver, the applicant is issued with a fee waiver token that enables them to apply for a fee free immigration application. The applicant has 10 working days to make an LTR application and, where relevant, to benefit from 3C leave.
• if the applicant provides further evidence within 10 working days but this does not demonstrate that they qualify for a fee waiver or if they do not provide any further evidence within 10 working days, the application should be rejected as invalid. In either of these scenarios the applicant has 10 working days to make a paid LTR application and to benefit, where relevant, from any 3C leave. If a paid application is not made within 10 working days, and the applicant’s leave has expired there can be no capacity to benefit from 3C leave.
