Varying application from Tier-1(General) to ILR SET(O)

[PrvSept15]

Hi,
I have have applied for Tier-1 (General) 2nd extension and before I could even give my biometric details, I am eligible for ILR.
Hence was looking at varying the application from Tier-1 (General) to SET(O) ILR application, but am confused on the Section-3C clause on varying the application.

My Situation:
1) Initial Visa Start Date - 01 Jan 2009
2) First Entry into UK - 03 Apr 2009
3) Current Visa Expiry - 02 Feb 2014
4) Applied for Tier-1(General) Extension - 28 Jan 2014
5) Eligible for ILR from - 06 Mar 2014 (28 Days before 03 Apr 2014)

So, as my current visa has already expired, I am currently covered by section-3C.

While I was looking at the immigration rules on the UKBA site
https://www.gov.uk/government/uploads/s ... edures.pdf

I found that varying the application is not valid if your current visa has expired and if you are currently on section 3C of the immigration act as below:

Section 3C(4) of the 1971 Act prevents the applicant from making a new application for a
variation of leave while they have 3C leave. This means if an applicant with 3C leave
submits a new application, you can automatically consider this to be invalid.

I was just wondering if my understanding is correct? Any comments seniors?
As I am very close to being eligilbe for ILR, please let me know if I can still vary my Tier-1(General) extension application to SET(O) ILR application.

Any help on this is very much appreciated.

Thanks,

[vinny]

Possible.

[vinny]

Read the analysis in the Judgment.

[rrrr19]

Hi Prv,

Let me know whether you varied your Tier 1 extension to ILR. If yes, did you gone to PEO office or by post.


Thanks
Raj

[PrvSept15]

Hi rrrr19,

Yes, I have appplied for varying my Tier-1 (General) extension apllication to ILR SET(O), through post.
I didnt get any response on if I can for PEO and just considering the advise from the forum that we cannot mix & match postal & PEO, I just went straight to postal application on 7th March.

I also got the acknowledgement for my ILR application and now waiting for further communication from HO.

Hope this helps.

Thanks.

[rrrr19]

Hi Prv,

Thanks for the details. I too need to vary application at my last date of my current visa, as i lack in 35 days to 5 yrs. Kindly post update when you get any update from HO. It will be really helpful for all like me.

Thanks
Raj

[PrvSept15]

Hi Raj,

Please check the current Tier-1 extension processing timelines.
Now a days its just within 5 - 10 days, so stretching it for 35 days would not be easy.

You can surely delay the Bio metrics by 15 days, but not later than that and if you put in a cheque, it would take 3 - 5 additional days to clear the cheque and hence delays by another couple of days.

All the best for your application!!!

[rrrr19]

Hi Prv,

Yes, you are right. I need another 8 days to qualify within 28 days earlier for ILR. Hope, it be possible.
thanks again for the details.

Cheers
Raj

[rrrr19]

Hi Prv,

Did you got your ILR?..If yes..congrats first.

Is it possible for you to give details how you done vary?

Is it like first to apply extension and the day you quality send postal ILR application?

Let me know ..how to give covering letter and document to be attached for each application?

thanks
Raj