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Varying to ILR Urgent help needed.

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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psw2009
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Varying to ILR Urgent help needed.

Post by psw2009 » Fri Jun 24, 2016 9:46 am

Dear Moderator

I will be applying to Vary my current application to SET(LR), I am writing below to Home office as first step, can you please let me know if this make sense or am I missing anything from below.

"It is hereby stated that if decision has not yet been made on my current visa application then I would like to request return of my passport. I am intend to Vary my current visa application middle of next month to SET(LR) in Croydon(Premium Service centre) therefore would like to request my passport back so that I can take along with my new application and apply for variation in person."

Thanks a lot in advance, your help will be much appreciated.

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Casa
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Re: Varying to ILR Urgent help needed.

Post by Casa » Fri Jun 24, 2016 10:00 am

If you request the return of your passport before a decision has been made, the HO will consider your application to be withdrawn. This could mean you are without valid leave in the days before you submit your LR application which could break your period of residence.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Fri Jun 24, 2016 10:40 am

Casa wrote:If you request the return of your passport before a decision has been made, the HO will consider your application to be withdrawn. This could mean you are without valid leave in the days before you submit your LR application which could break your period of residence.
Thank you very much for your response.
Is there anyway to know that which home office centre have my passport? so i can book my appointment for the same centre.

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CR001
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Re: Varying to ILR Urgent help needed.

Post by CR001 » Fri Jun 24, 2016 11:00 am

The offices that deal with postal applications are not based at the Premium Centres.

You have to apply to vary your application. What is the current application you have with HO?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Fri Jun 24, 2016 11:06 am

CR001 wrote:The offices that deal with postal applications are not based at the Premium Centres.

You have to apply to vary your application. What is the current application you have with HO?
My current application is FLR-(LR) and looking to Vary in person to SET(LR)

my worry is that on the day of appointment premium centre will say we do not have your passport so decision will be done later but not same day.

Thanks a lot .

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Re: Varying to ILR Urgent help needed.

Post by CR001 » Fri Jun 24, 2016 11:18 am

psw2009 wrote:my worry is that on the day of appointment premium centre will say we do not have your passport so decision will be done later but not same day.

Thanks a lot .
Yes, this is what will likely happen as the premium centre will have to get your documents but it should still be quicker than a normal postal application. Some members have only waited a couple of weeks after doing this scenario.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Fri Jun 24, 2016 11:34 am

CR001 wrote:The offices that deal with postal applications are not based at the Premium Centres.

You have to apply to vary your application. What is the current application you have with HO?
When i am filling online return of document form, they are giving me option to either withdraw application or just request return of passport? from which i am thinking they can return my passport without withdrawing my application.

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

Can you please advise

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Fri Jun 24, 2016 11:43 am

CR001 wrote:
psw2009 wrote:my worry is that on the day of appointment premium centre will say we do not have your passport so decision will be done later but not same day.

Thanks a lot .
Yes, this is what will likely happen as the premium centre will have to get your documents but it should still be quicker than a normal postal application. Some members have only waited a couple of weeks after doing this scenario.
Thank you for your response, i just noticed your reply. Yes i have seen some members wait a couple of weeks but in some case few months which is my worry. Can you please advise on my above post regarding requesting return of passport without withdrawing application? in worse case if they do withdraw my application then will i have 28days to apply for further leave? this will hit to my qualify period

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Fri Jun 24, 2016 2:03 pm

Can you please advise if i withdraw my application, will i have 28days before i become illegal?

Thanks a lot

haris_zam
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Re: Varying to ILR Urgent help needed.

Post by haris_zam » Sun Jun 26, 2016 12:51 am

can't agree more with cr001 , the paragraph you are hoping to write is nothing more than a withdrawal application which is the worst thing you can do ,

I have also heard from a very authentic source that his friend's solicitor wrote an email or a letter,not sure, requesting the passports to be sent directly to the p.e.o on the day of his appointment and it did happen , his passports were already there and he got the approval and passports back on the same day with the ilr card in
a few days following the appointment . I would get a senior member to approve of the matter pertaining to the above however.

vinny
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Re: Varying to ILR Urgent help needed.

Post by vinny » Sun Jun 26, 2016 1:11 am

Varying is better. Withdrawal would mean automatic loss of right to work, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Sun Jun 26, 2016 10:52 am

Thank you all for your kind response. Much appreciated.

I will be qualifying for ILR Middle of next month and I am looking to book my appointment end of this month for dated middle of next month. Is it good idea to write below or will they consider this as withdrawal of my current application?

To? (Not sure where to send this letter, how do I know where is my passport? thanks)
Dated: 05-07-2016
Dear sir/Madam,

It is hereby stated that I have my appointment in Croydon on 15-07-16 for ILR, can you please send my passport to Croydon centre.


Thanks a lot for your help.

zidane
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Re: Varying to ILR Urgent help needed.

Post by zidane » Sun Jun 26, 2016 11:11 am

you will have to write a leter dirctly to the caseworker unit , the address should be given in the fom you originally filled up , if not then i guess its not hard to obtain it , it is the address where they ask you to send further documents after application if you want to send any , and i guess there is no harm in doing that , i would also attach the proof of appointment and payment proof along with the letter to make it more stronger, i have to apply mine on 18 july , let me know what you are doing i have to do the same i guess too ,.. what date is your appointment ,

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Sun Jun 26, 2016 11:29 am

zidane wrote:you will have to write a leter dirctly to the caseworker unit , the address should be given in the fom you originally filled up , if not then i guess its not hard to obtain it , it is the address where they ask you to send further documents after application if you want to send any , and i guess there is no harm in doing that , i would also attach the proof of appointment and payment proof along with the letter to make it more stronger, i have to apply mine on 18 july , let me know what you are doing i have to do the same i guess too ,.. what date is your appointment ,
Thank you for you response. Address on the form is below

Home Office PO Box 495 Durham DH99 1WR

I have not yet received biometric letter maybe caseworker unit address will be on that letter? not sure where do I get this address?.
I am looking to book appointment next week for about 15-07-16, and will keep updated here.

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Mon Jun 27, 2016 11:27 am

vinny wrote:Varying is better. Withdrawal would mean automatic loss of right to work, etc.
Thanks vinny, How do I know where my passport is? so I can send them request to send my passport to PEO centre.

Thanks alot

shero
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Re: Varying to ILR Urgent help needed.

Post by shero » Mon Jun 27, 2016 11:50 am

psw2009 wrote:
vinny wrote:Varying is better. Withdrawal would mean automatic loss of right to work, etc.
Thanks vinny, How do I know where my passport is? so I can send them request to send my passport to PEO centre.

Thanks alot
hi can you please tell what date you have applied FLR O thanks

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Mon Jun 27, 2016 12:35 pm

I applied 3 weeks ago.

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Mon Jun 27, 2016 2:38 pm

I could not find answer to following question from anywhere, your help will be much appreciated.

1. How would I know which Home office/address have my passport? is it the address on Bio letter.
2. Can I book appointment (to vary my current application) before I hit qualifying period or do I have to book when i qualify for 10 year.

Thanks a lot.

saj626
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Re: Varying to ILR Urgent help needed.

Post by saj626 » Tue Jun 28, 2016 12:12 am

psw2009 wrote:I could not find answer to following question from anywhere, your help will be much appreciated.

1. How would I know which Home office/address have my passport? is it the address on Bio letter.
2. Can I book appointment (to vary my current application) before I hit qualifying period or do I have to book when i qualify for 10 year.

Thanks a lot.
Dear Psw
You seems very confused. If you made an application for FLRO please check guidance for FLRO you will see there is an address.it says 17. CONTACTING US AFTER YOU HAVE APPLIED
If you need to contact us after you have applied, please do so as follows.
To send us more information about your application, write to the following address (not the one to which you posted your application):
UK Visas & Immigration
Initial Consideration Unit - FLR(O) Lunar House
40 Wellesley Road Croydon
CR9 2BY
and give the following details in your letter:
• the applicant’s full name, date of birth and nationality.
• any Recorded or Special Delivery number.
• the date on which the application was posted or made in person.
• the Home Office reference number if you have one.

2nd question.
I guess you need to complete your qualifying period however you should seek professional advice.
Hope it will answer your question.
Good luck.

jibon
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Re: Varying to ILR Urgent help needed.

Post by jibon » Tue Jun 28, 2016 4:31 am

Dear Psw2009,
I have read your post and as I understand that because of the right guide line you are going mes up your ILR application.

You can variation your application without any doubt but you must have to follow the right procedure.

I understand that you are trying to follow the home office policy and guideline to return your passport. There is lots of incident reported by lost of peoples that they just request passport but home office treat as application withdraw.

Strongly I will advice to consult with at-least 2-3 solicitors about your matter to understand yourself before taking any action.

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Tue Jun 28, 2016 9:04 am

Dear Saj626 and Jibon,

Thank you both for your kind response.

So I will be just going to attend my appointment and let them request my passport from other department for consideration of my application.

Thanks a lot.

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Wed Jun 29, 2016 8:32 am

Can anyone please confirm which example below is correct

Example 1

Entered in uk on 15th Aug 2006
Ten year complete on 14th Aug 2016
Earliest I can apply (28days before) in person on 17th July 2016


Example 2

Entered in uk on 15th Aug 2006
Ten year complete on 15th Aug 2016
Earliest I can apply in per on 18th July 2016

Thanks a lot

psw2009
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28 Days before qualifying period

Post by psw2009 » Wed Jun 29, 2016 10:19 am

Can anyone please confirm which example below is correct

Example 1

Entered in uk on 15th Aug 2006
Ten year complete on 14th Aug 2016
Earliest I can apply (28days before) in person on 17th July 2016


Example 2

Entered in uk on 15th Aug 2006
Ten year complete on 15th Aug 2016
Earliest I can apply in per on 18th July 2016

Thanks a lot

vinny
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Re: Varying to ILR Urgent help needed.

Post by vinny » Wed Jun 29, 2016 11:51 am

I think that it may be safer to say that you will have completed your 10 year qualifying period on the 10th anniversary of your initial entry. Example 2?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

psw2009
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Re: Varying to ILR Urgent help needed.

Post by psw2009 » Wed Jun 29, 2016 1:00 pm

vinny wrote:I think that it may be safer to say that you will have completed your 10 year qualifying period on the 10th anniversary of your initial entry. Example 2?
Thank you very much Vinny for your response. I am working this out as below, can you please let me know your comments.

I will be in the UK for 10 years on 14-08-2016, as per below calculator
http://www.timeanddate.com/date/duratio ... 2016&ti=on

So qualifying period is 14-08-2016
28 days before qualifying period is 13-08-2016 to 17-07-2016

on 15th of Aug , I will be in the uk for 10 years and 1 day.

If there is a way for example 1?, it is best suits me because appointment available after 17th is much later.

Thanks alot

Notes: I have just dates slightly different to actual dates as example.

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