2 pending ILTR applications

[Feb4]

I have two applications currently pending with the UKBA. I qualify in two categories. I submitted Application 1 three weeks before my leave to remain (LTR) expired.

In the 3 weeks to the day my LTR expired, I worried constantly that the UKBA could, for some reason, return Application 1 as invalid AFTER the expiry of my LTR, therefore making me an overstayer. Many fora on the internet contain stories of applicants who surprisingly had their applications returned as invalid after the expiry of their LTR, even though they believed they were extra careful in filling their applications, causing them great distress.

On the day my LTR expired, I couldn\'t bear this thought and hurriedly filled Application 2 and posted it on the same day (in-time application). My reasoning was that it was less likely for the two applications to be returned as invalid.

But now I am worried. What are the implications of having two applications pending with the UKBA? Application 1 has a faster average decision time and I\'m worried Application 2 will delay when I receive a decision. It\'s been nearly 3 months. Should I withdraw application 2? Help!

[Loveislovely]

I have two applications currently pending with the UKBA. I qualify in two categories. I submitted Application 1 three weeks before my leave to remain (LTR) expired.

In the 3 weeks to the day my LTR expired, I worried constantly that the UKBA could, for some reason, return Application 1 as invalid AFTER the expiry of my LTR, therefore making me an overstayer. Many fora on the internet contain stories of applicants who surprisingly had their applications returned as invalid after the expiry of their LTR, even though they believed they were extra careful in filling their applications, causing them great distress.

On the day my LTR expired, I couldn\'t bear this thought and hurriedly filled Application 2 and posted it on the same day (in-time application). My reasoning was that it was less likely for the two applications to be returned as invalid.

But now I am worried. What are the implications of having two applications pending with the UKBA? Application 1 has a faster average decision time and I\'m worried Application 2 will delay when I receive a decision. It\'s been nearly 3 months. Should I withdraw application 2? Help!

Hi Feb4!

HO stated that it is not possible to make another application, whilst you have one pending, please get some advice from a professional, and I am wishing you good luck with your application, think positive.

loveislovely

[vinny]

Multiple applications are possible if you had valid leave at the time (3.1). However, there would also be corresponding fees.

[Feb4]

Thank you all for your contributions.

vinny is right that one can make multiple applications, provided he or she does so within the currency of leave to remain, and accompanies the applications with corresponding fees. Therefore, what I did was allowable, even though unusual but not unreasonable.

As vinny noted, questions of fairness arise when an application is returned invalid and the applicant automatically becomes an overstayer, even though the applicant may not be the cause of the source of what made the application invalid (I read a sad case in which it was agreed across board that the photographs of an applicant got detached from the application pack in the Home Office. Sadly, it did not change the position of the Home Office that the applicant was an overstayer after the expiry of his leave to remain when the invalid application was returned to him).

I took great care in filling my first application. But I am human and my application would pass through the hands of humans. I was aware that through no fault of mine if my first application was returned invalid after the expiry of my leave to remain, I would straightawy become an overstayer and be at the mercy of a caseworker should I resubmit the application. Very unfair.

To reduce the headache from this possibility, I was moved to submit a second in-time application in a different category, all for indefinite leave to remain, with a cover letter explaining the reasons for a second application. The possibility that all two applications will be returned invalid is quite small. The cost was that I paid two hefty application fees, which will seem a bargain were my nightmares to materialise (think about possible fees for solicitors, lost income, etc).

My worry now is how the Home Office will handle two in-time applications if they are considered valid. What are the consequences of two valid in-time applications? Will they contact me to indicate which one I want considered or they will consider the two applications at the same time, even though the applications have different decision times?

Thank you all once again.