1. Paragraph (2A): Varying a previous application
Where an applicant submits a new application to vary an earlier application, they must still comply with the biometric submission deadline specified for the previous application.<\/p>\n\n\n\n
Practical example:
– An applicant submits a Skilled Worker application.
– Before a decision is made, the applicant submits another application to vary the pending application.
– The applicant must still comply with the biometric deadline applicable to the original application, as required by paragraph (2A).
The variation does not automatically restart the biometric deadline. The precise effect will depend on the application history and the relevant Home Office instructions.
2. Paragraph 34G(4): Application following a fee-waiver request
Where an applicant requests a fee waiver before applying for permission to stay, the date of the fee-waiver request can be treated as the application date, provided the relevant conditions are met.<\/p>\n\n\n\n
There are two main situations:
Situation\tApplicable deadline or requirement
Fee waiver is granted or decided, and the applicant then submits the application\tSubmit the completed application within 10 working days of receiving the fee-waiver decision.
Applicant submits a paid application before receiving the fee-waiver decision\tThe application must be for the same immigration route covered by the fee-waiver request.
If the conditions are satisfied, the application date can be the date the fee-waiver request was submitted rather than the later date when the immigration application was completed.<\/p>\n\n\n\n
3. Paragraph 34G(5): Applying under a different immigration route
This provision is particularly important.
If an applicant requests a fee waiver for one immigration route but subsequently submits an application under a different route, the application date is the date the new application is submitted.<\/p>\n\n\n\n
Example:
– 1 October: An applicant requests a fee waiver for a family visa.
– 10 October: The applicant submits a Skilled Worker application.
– The applicant cannot rely on 1 October as the Skilled Worker application date under paragraph 34G(4).
– The relevant application date is 10 October.
The fee-waiver request does not preserve the earlier date for an application under a different route.<\/p>\n\n\n\n
4. Why the application date matters
The distinction can be important when assessing:
– Whether an application was submitted before the applicant’s existing immigration permission expired.
– Whether the applicant can benefit from section 3C leave, where the statutory requirements are met.
– Whether the applicant meets a qualifying residence period or another date-dependent immigration requirement.
– Whether an application was submitted within a prescribed deadline.<\/p>\n\n\n\n
Important: The fee-waiver request date is not automatically treated as the application date in every case. The route and the conditions in paragraph 34G must be checked, alongside any applicable exceptions.
<\/p>\n\n\n\n
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