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Set LR Application vary from FLR M

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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aamir786
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Joined: Thu Jun 02, 2011 6:31 pm
Location: United Kingdom
India

Set LR Application vary from FLR M

Post by aamir786 » Sun Apr 28, 2024 5:07 pm

Hi all lovely people..

Can I please ask for your advice as I am confused if did the right thing and if not, how to correct it?

I had applied FLR M on 18/03/2024 (paid fee + IHS = £3,600+) and had 2 months (until 17/05/2024) to give biometrics. I hadn't given the biometrics for FLR M but then completed my 10 years and applied Set LR on 17/04/2024. As part of application, provided the reference of FLR M application as I believe that's the best way to vary online application? is it the right way to vary as I am confused if I should have applied Set LR after biometric for application to be valid? Please advise.

My timeline is below:
Arrived in UK first time 13/05/2014 as Tier 1 General Dependent, valid until 09/06/2016
Applied for Tier 1 General Dependent on 03/06/2016
Varied to FLR FP (didn't have passport to take English test as it wasn't required for Tier 1 Partner application) on 16/03/2017 (due to my partner varied to 10 years LR)
HO refused FLR (FP) application on 21/05/2018 which I appealed against, HO withdrew decision and granted FLR (FP) on 22/01/2019 valid until 22/07/2021.
I applied for extension (FLR M this time as had English test) on 15/07/2021
HO granted FLR M on 22/09/2021 valid until 22/03/2024
I applied for FLR M extension on 18/03/2024 and booked biometric for 25/04/2024
My 10 completes on 12/05/2024 and 28 days backwards (qualifying period) counts to 15/04/2024
I applied Set LR on 17/04/2024 and biometrics are booked for 10/05/2024

Other info, might be, might not be relevant but adding:
We have 3 children born in UK, all British Citizens
Partner Salary above Threshold so was meeting FLR M requirement
Mortgaged our first home in 2020 and living in since

Have I missed any step or anything wrong so I can correct it before its too late?

Also I hope I will get refund for fee + IHS (read some threads, guidance on IHS refund doesn't seem clear but some people mentioned, they got the refund. anyone can shed light on refunds too if I should expect Fee+IHS (£3600+) or just fee (+£1048) only. Do I need to send an email to ask for it or just wait?
indefinite-leave-to-remain/ilr-approved ... 36599.html

I will be grateful if people can share experience or advise what step should I take to correct it?

Kind Regards,

Amir

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zimba
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Re: Set LR Application vary from FLR M

Post by zimba » Mon Apr 29, 2024 2:36 am

A new application applied while having a pending one will become a variation of the pending application automatically. You will get a refund only after your ILR application is decided
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: Set LR Application vary from FLR M

Post by vinny » Mon Apr 29, 2024 7:04 am

To avoid doubts of invalidity, attend biometrics for both applications?
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aamir786
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Joined: Thu Jun 02, 2011 6:31 pm
Location: United Kingdom
India

Re: Set LR Application vary from FLR M

Post by aamir786 » Mon Apr 29, 2024 9:09 am

Thank you Zimba and Vinny, I will look to book biometric for first application too if that will help to avoid confusion. it is a hassle to attend as day out but if it is necessary to avoid confusion later then will have to.

Does it matter which application I give biometric first.. as I have booked appointment for ILR, should I attend biometric and once date is confirmed for FLR M then attend that too (even though that is varied)? or should it be FLRM first then ILR?

Many thanks for your help.

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zimba
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Re: Set LR Application vary from FLR M

Post by zimba » Mon Apr 29, 2024 12:02 pm

I am not sure why you need to enrol Biometrics for the previous application, the new application is already a variation and the previous application should not matter.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

aamir786
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Joined: Thu Jun 02, 2011 6:31 pm
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India

Re: Set LR Application vary from FLR M

Post by aamir786 » Mon Apr 29, 2024 1:03 pm

Thanks Zimba, I spent some time looking for appointments for biometrics for FLR M as Vinny mentioned to keep it validated.
I just called HO on 0300-7906268 (UKVI enquiry and spoke to advisor) who advised I should not give biometric as you have varied application and if you give biometric then your fee for previous application may not be refunded (I doubt it as giving biometric doesn't mean they made the decision).
I asked about the guidance where can I find this online, which they mentioned its not available and if I need to check then go to solicitor.
I guess I will just give biometric for ILR and then wait.
Thanks for your help.
Kind REgards,
Amir

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zimba
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Re: Set LR Application vary from FLR M

Post by zimba » Mon Apr 29, 2024 1:11 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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