Date of application 'submission' for Premium Appointments

[dawnleipold]

Hello,

I completed my FLR(M) application online and paid on 8 June 2012, booking a Premium Appointment for 20 July. On 18 June 2012 the new changes for Family Immigration were announced, with effect 9 July 2012. I spoke to my immigration advisor who assured me that as I completed my application and paid online prior to 9 July, I would be assessed under the rules in place at the time of my application - therefore, the old rules.

However I attended my Premium Appointment today and this was not the case - I was told that the date of submission is the date of your appointment, not the date that you click submit online and pay for your application/appointment.

Has anyone else experienced this? The UKBA page even says applications submitted before 9 July will be assessed under the old rules - the issue is exactly when the 'date of submission' is (is it the day you click submit online and pay, or the day you come in for your appointment?).

I've been rescheduled but does anyone know if I can obtain a refund? I'd rather stay under my current visa category if I'm going to have to wait 5 years instead of 2 for ILR.

Thanks so much in advance for your help!
-Dawn

[transpondia-2011]

The criteria for date of application depends upon how it was submitted.

In your case, premium service, the application date is date of attendance. That means UKBA was right and your adviser was wrong.

The rules on date of application wasn't something they recently made up by the way, it's spelled out in HC 395 consolidated immigration rules and did not change. That means your adviser should be spanked, unless you told them something else.

[dawnleipold]

Haha I'll make sure to spank them! I have it in writing that the date of application plus payment means I fall under the old rules, regardless of the date of my PEO - frustrating! And to think I paid them money for that advice...

Thanks!

[transpondia-2011]

Some of the most damningly misleading information in this forum originates from people citing what their lawyer or adviser supposedly told them.

[dawnleipold]

Next question (if anyone is still reading this!) - they were nice enough to give me a new appointment next week but I'm not sure I want to apply under the new rules. If I cancel the appointment could I receive a refund? I have a feeling not but worth a shot to ask!

Thanks,
Dawn

[asim72]

So have you decided to leave your spouse behind and leave UK or is you spouse going to live with you in your home country?

[dawnleipold]

No - I am currently on a Tier 2 visa so I can extend that to remain - however I was looking to move to an umarried partner visa due to the unstable job market. Under the old rules, this was a better option but with the new rules, I'm thinking I should risk remaining on Tier 2 and then change later on only if necessary.