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ILR application withdrawal or vary - URGENT - Please advise

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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vtp11321
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Joined: Wed Feb 29, 2012 10:45 am

ILR application withdrawal or vary - URGENT - Please advise

Post by vtp11321 » Sun Apr 22, 2012 6:37 pm

Hello all,

I am in dire straits...I am not sure what to do .....My case is as below:
I submitted my application for ILR on 17th of Feb. I applied the ILR with the basis of being in WP and then on Tier 1. UKBA retained my passport giving me a letter stating that they need to do further enquiries. The reason for this is I had good no: of absences (related to work). One of the absences amounted to 175 days continuous out of the country. I had given my employer's letter along with the application. My current leave to remain expires on 10 May 2012.
Now the main concern is related to wife and child who are on Tier 1 dependant visa with the leave to remain expiring by 10th May. I didn't give their application on the same day as I gave mine as my wife didn't complete 2 years with me and I was not sure whether I could give an FLR (M) form on the day of my application.
During the last 2 months of UKBA having my passport - I tried getting in touch with them through my MP..no luck in that area yet - they did not get back to the MP's office as well...I tried sending a complaint on the premium service at Croydon.. I got back a letter saying there is no guarantee that ILR at PEO will be processed in the same day...and also as my case was complicated it was with the Deputy Chief Caseworker for consideration.
Now my biggest concern is related to my family. When I applied for the ILR in PEO I really didn't expect their turnaround to be so late & I am not confident if I will get ILR with my circumstances. I want to pursue the path which has no impact of my family having to leave UK...(I guess this would mean not the cheapest way forward)..Could any of you advise:

1. Is there any point in withdrawing my case? Is the timescale ahead to less for me to consider the option of withdrawing ( I could go in person to collect my pp and docs) ? After withdrawing to immediately apply for Tier 1 extension...

2. Do I have the option of varying my application to a Tier 1 extension before my leave to remain expires (in the event of not receiving a decision till then)? Could I do this just before my LTR is over like 8th of May? Along with varying my application could I send my dependant's forms as well? Could I do this in person in Croydon PEO although again I know I wont receive any response on the day...however it may be more convincing for me to talk to UKBA then try to explain it on the covering letter.

3. If the option asked in the Q2 above is available - what is the procedure for me to vary the application?

Any other thoughts to help me in this situation.

Thanks for going through this really long post...hoping to get some advise from all the seniors, gurus etc...

vtp11321
Newly Registered
Posts: 23
Joined: Wed Feb 29, 2012 10:45 am

Post by vtp11321 » Mon Apr 23, 2012 8:23 am

Hi all,

Any help seniors, sages, gurus will be much appreciated....hoping to hear from you with regards to this...

Thanks..

selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Post by selva » Mon Apr 23, 2012 1:56 pm

vtp11321 wrote:Hi all,

Any help seniors, sages, gurus will be much appreciated....hoping to hear from you with regards to this...

Thanks..
Hi, I am not sure whether I can help you. talk to a solicitor about your situation and also send a mail to UKBA explaining your situation (say that you were planning to apply for dependent on the basis of ILR)

Good Luck mate

vtp11321
Newly Registered
Posts: 23
Joined: Wed Feb 29, 2012 10:45 am

Post by vtp11321 » Thu Apr 26, 2012 12:32 pm

Hi all,

Was wondering if anyone could advise on the procedure for variation....Please help!...

thanks
VTP

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