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Variation application question

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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bolagoldfish
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Variation application question

Post by bolagoldfish » Tue Jan 02, 2024 4:20 pm

Hi both, sorry to attach to the thread but I am in exactly the same situation!

I lodged my new (varied) application in at 7.30pm on 02/11/2023 and at the time the UKVI helpline said I did not need to re-do a biometric appointment. My original, incorrect, application was made back in May 2023. This morning I found out (through a nagging doubt which I re-checked) that I do in fact need to re-sit a biometric appointment. I've now frantically booked this appointment first thing on 08/01/2024 (I uploaded all updated supporting docs back in November). That's exactly 45 working days from submission on 02/11!

Q: The guidelines say within 45 working days from submission. Does that include day 45, and/or the fact that I submitted on the evening of 02/11 exclude that day? A bit stressed about it all! Especially given I keep getting conflicting information from the UKVI helpline.

Also, can you confirm whether a varied application waiting period (around 6 months) is based on original application date in May or whether I go back to the start of the queue from the new application in November?

Many thanks.

bolagoldfish
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Re: Variation application - queries

Post by bolagoldfish » Tue Jan 02, 2024 4:28 pm

Apologies, I post to the wrong thread... This is the correct one.
For reference, I stupidly applied for ILR on basis of Private Life (May 2023) and made new application for the correct 5-year partner route in November.

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zimba
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Re: Variation application question

Post by zimba » Tue Jan 02, 2024 5:39 pm

There is no official UKVI helpline. What you get is an outsourced third-party phone line that dishes out incorrect advice regularly. A variation is just another totally separate application, so you need to book an appointment as usual. It will be treated just like any other FRESH application but your lawful stay will continue. You should be alright
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

bolagoldfish
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Re: Variation application question

Post by bolagoldfish » Tue Jan 02, 2024 6:26 pm

Thanks so much Zimba. I’m cutting it v fine! Do you know if the waiting period (processing turnaround) is based on original app or new app? I wish I came across this site earlier, lots of great advice!

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zimba
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Re: Variation application question

Post by zimba » Tue Jan 02, 2024 9:08 pm

bolagoldfish wrote:
Tue Jan 02, 2024 6:26 pm
Thanks so much Zimba. I’m cutting it v fine! Do you know if the waiting period (processing turnaround) is based on original app or new app? I wish I came across this site earlier, lots of great advice!
As I said, this is treated as a NEW application so it has its own processing timeframe
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

bolagoldfish
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Re: Variation application question

Post by bolagoldfish » Tue Jan 02, 2024 9:13 pm

I just noticed you said that, apologies. Finally do you know when they process the refund on original app? After decision on 2nd or some time after 2nd application? Regards.

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zimba
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Re: Variation application question

Post by zimba » Tue Jan 02, 2024 9:13 pm

bolagoldfish wrote:
Tue Jan 02, 2024 9:13 pm
I just noticed you said that, apologies. Finally do you know when they process the refund on original app? After decision on 2nd or some time after 2nd application? Regards.
Refunds are often given automatically after you get the decision on your 2nd application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

bolagoldfish
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Re: Variation application question

Post by bolagoldfish » Tue Jan 02, 2024 10:11 pm

Thanks so much. Last one! I presume the clock starts ticking on processing time the date the 2nd app was submitted & paid for and not date of the biometric appt? Hopefully the last 8-9 weeks since my 2nd app is not lost!

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zimba
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Re: Variation application question

Post by zimba » Wed Jan 03, 2024 1:57 am

bolagoldfish wrote:
Tue Jan 02, 2024 10:11 pm
Thanks so much. Last one! I presume the clock starts ticking on processing time the date the 2nd app was submitted & paid for and not date of the biometric appt? Hopefully the last 8-9 weeks since my 2nd app is not lost!
Each application has its own processing time which starts from AFTER you enrol your biometrics for this application. Your submission date is irrelevant in this instance
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

BuffaloJax
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Re: Variation application question

Post by BuffaloJax » Tue Jan 16, 2024 9:25 pm

bolagoldfish wrote:
Tue Jan 02, 2024 10:11 pm
Thanks so much. Last one! I presume the clock starts ticking on processing time the date the 2nd app was submitted & paid for and not date of the biometric appt? Hopefully the last 8-9 weeks since my 2nd app is not lost!
Hello,

I found this out within the variation guidelines (pg 24-26). So in essence, if you made your application in time, the original date will stand, provided the variance isn’t for your dependent(s) as there are exceptions.

I hope this helps. All the best for you and fingers crossed it comes in soon.

https://assets.publishing.service.gov.u ... pdf#page24

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zimba
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Re: Variation application question

Post by zimba » Wed Jan 17, 2024 1:02 am

BuffaloJax wrote:
Tue Jan 16, 2024 9:25 pm
bolagoldfish wrote:
Tue Jan 02, 2024 10:11 pm
Thanks so much. Last one! I presume the clock starts ticking on processing time the date the 2nd app was submitted & paid for and not date of the biometric appt? Hopefully the last 8-9 weeks since my 2nd app is not lost!
Hello,

I found this out within the variation guidelines (pg 24-26). So in essence, if you made your application in time, the original date will stand, provided the variance isn’t for your dependent(s) as there are exceptions.

I hope this helps. All the best for you and fingers crossed it comes in soon.

https://assets.publishing.service.gov.u ... pdf#page24
Note this has nothing to do with the processing speed of an application.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

bolagoldfish
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Re: Variation application question

Post by bolagoldfish » Wed Jan 17, 2024 1:59 pm

Thanks Buffalo. I did read that however as Zimba has said, it appears to be a fresh application. I'm hoping the application is expedited (but it's only a hope).

Once I eventually had the biometric appt. the home office emailed me to quote the standard 6 month turnaround (from date of 2nd application submission). This was an auto-generated email. So, it could be any time really!

Good luck with your application!

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