Rules to Vary Application: Example Scenario 5

[salarzai]

Hi,
Kindly need help/clarification regarding the UKVI rules to vary/submit an application.
The attached UKVI guidelines provides an example scenario 5 on page 20: https://www.gov.uk/government/uploads/s ... n-v1.0.pdf

Example scenario 5
"An applicant submits application A (either in or out of time). Application A is refused and the decision is served, with a right to Administrative Review. The applicant then submits application B.
In this scenario, the submission of application B brings the administrative review period and therefore any period of 3C leave, to an end. Application B cannot be a variation of application A, because the decision on application A has already been decided. Application B should be considered as a new application."
The second paragraph in the above scenario clearly states that the 3C leave will end in case:
Application A is refused with Administrative Review and another application B is submitted before the expiry time of the Administrative Review.
Before reading this specific example scenario my understanding was that if an applicant submits a new application within 3C leave period, his leave is automatically extended untill the new application is decided.

In my specific case I had my Tier 4 visa refused with Administrative review right granted, however, instead of applying for an Administrative Review I applied for FLR (LR) within the Administrative Review time period.
Now my intentions are I am going to Vary my application from FLR (LR) to SET (LR) at a premium service centre. I was just wondering if my 3C leave has ended (that's what I can interpret from the above example cenario), do I have the option to vary from FLR (LR) to SET(LR) at a premium service centre?
Your kind support/guidance will be highly appreciated.

Kind regards,

S.

[marcnath]

Yes, your FLR (LR) was a new application as a decision was already made on the previous application. Section 3C ended when the fresh application started.
Your earlier understanding was wrong.
You can vary your FLR(LR) to SET(LR) as that application has not been decided yet. While you can very it with a postal application easily, I understand you need to make a specific request to us the PSC.
There has at least been one case in this forum where someone did go ahead and apply at the PSC successfully (I think it was an extension to SET(LR) ) but that would be, in my opinion, a matter of luck.

[salarzai]

Dear marcnath,

Many thanks for your kind reply. So what is my current visa status then?
However, if I go for a premium visa appointment, what will be the possible outcomes?
Will that be in anyway not decided quiciker than the postal application?
Many thanks again.

Kind regards

S.

[marcnath]

Dear marcnath,

Many thanks for your kind reply. So what is my current visa status then?
However, if I go for a premium visa appointment, what will be the possible outcomes?
Will that be in anyway not decided quiciker than the postal application?
Many thanks again.

Kind regards

S.

You are currently an overstayer.
It is impossible to say what the outcome could be if you go for a premium visa appointment - there have been cases reported here where they even refused to accept a PEO appointment, cases where they just took the application for further processing and others where it was granted - so really anything is possible.

[salarzai]

Hi,
As explained in the above thread, I had my Tier 4 visa refused with Administrative review right granted, however, instead of applying for an Administrative Review I applied for FLR (LR) within the Administrative Review time period. I am still waiting for the decision on my application. I was just wondering whether or not I am allowed to work?
Regards

S.

[marcnath]

Hi,
As explained in the above thread, I had my Tier 4 visa refused with Administrative review right granted, however, instead of applying for an Administrative Review I applied for FLR (LR) within the Administrative Review time period. I am still waiting for the decision on my application. I was just wondering whether or not I am allowed to work?
Regards

S.

You are an overstayer assuming your Tier 4 expiry date is passed. You cannot work.

[salarzai]

dear @marcnath, many thanks.