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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 think yes, but you should consult lawyers for professional advice.kashifaariz wrote:Thanks olasunkamni for the reply.the judge decision says the following...
The decision to refuse to vary leave is not in accordance with the law and this appeal is allowed to the limited extent that the decision remains outstanding before the respondent to make a lawful decision
The decision to remove the appelant by way of directions under section 47 is null and void.
Can I vary an application in the above situation...please help
I am sorry @olasukanmi but you're giving a wrong advice here..When a Tribunal Judge allows an appeal doesn't guarantee issuance of a VISA! (According to Immigration rules) The judge has only said Home office was wrong to refuse the application! To my understanding you are claiming if a judge allows an appeal, this make a decision outstanding? Where in the immigration rule is this stated? Don't complicate or confuse the OP..Olasunkanmi wrote:@ kashifaariz, it depend on the appeal decision. If your appeal was allowed and the judge rule that your application remain pending/outstanding to be decided, then yes you can VARY the application at that stage. This decision make your application to be outstanding as the initial decision was quash by a judge thereby making your application to not been decided yet.
If the judge decision is for HO to re-consider your application, then you wont be able to VARY the application as decision has been made and only waiting a reconsideration of the initial decision.
And if appeal was allowed for visa issuance, then you will have to wait for your visa before submitting another application for a different category.
Olasunkanmi wrote:@ Choc-Ice, appeal decisions are of different category and some are for visa issuance.
Before you make comment on other people's advice, it will be nice of you to re-read their post carefully rather than making assumptions.''I am sorry @olasukanmi but you're giving a wrong advice here..When a Tribunal Judge allows an appeal doesn't guarantee issuance of a VISA! (According to Immigration rules) The judge has only said Home office was wrong to refuse the application! To my understanding you are claiming if a judge allows an appeal, this make a decision outstanding? Where in the immigration rule is this stated? Don't complicate or confuse the OP..''
http://www.immigrationboards.com/uk-tie ... 70-20.html''HO receives an allowed determination and the Immigration Judge has directed that LTR is issued.
There is a statutory duty under Section 87(2) of the 2002 Act for the caseworker to comply with directions, unless the determination is subject to further appeal.
Caseworker has no power to re-refuse an application if an immigration judge has 'directed issue' of LTR. HO must issue the LTR in accordance with the immigration rules.''
I am also in same situation upper tribunal decision saysab_1820 wrote:Hi Guys.......need your advice
Even i got my appeal allowed at FTT. the exact wordings are
"I allow the appeal to the extent mentioned above and remit this matter back to the respondent as the decision made by her was not in accordance with the law".
do you think I can Vary my application at this point to Tier 2 ?
Many Thanks
@Choc-Ice...please correct urself and your record... because I have successfully varied by visa application from Tier 1 Entrepreneur to Tier 2 general even after my Tier 1 Entrepreneur application was refused but I won my appeal at FTT..before I get Tier 1 Entrepreneur visa or home office ask for additional documents...I successfully applied for tier 2 general and got visa for me and my wife.... only thing is that I paid a full fee for my new application....Choc-Ice wrote:You cannot vary an application that has already been completed..Your Appeal is against the decision which has already been made on your application.
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.
Dear lac all you need to do is write a letter stating that you have already varied your application to spouse and you do not wish to carry on with your Tier 1 application and post/email it to the relevant case worker, telling you from my personal experiencelac wrote:I need an urgent advice . i recently appealed against Tier 1 application which was in my favour but the judge has ask the HO to request further information in other for them to consider the visa. however my barrister as advised that i can vary the application to spouse which i have varied but HO is asking me about the Tier 1 documents but not acknowledging the spouse variation after 7 weeks please any kindly help.