Varying an application-PBS Dependant

gbengi · Post by **gbengi** » Mon Dec 09, 2013 4:48 pm

Hi People,
Am a dependant on my wife. We applied for ILR and it was refused with a right to appeal. We have put in the appeal and am included but I want to vary my application. I read 'specified applic forms nd procedures document on home office ' and saw the paragraph below.

A person cannot vary their leave if they have an appeal either pending or which could be brought. For more information, see related link: Section 3C and section 3D leave.
A variation of a dependant’s application is only valid if they were included on the original application. If they were not included on the original application, you must advise the dependant to make a separate application and to pay the relevant fee.

Can I vary my application as a dependant with an appeal pending?
Thanks.

Ayyubi72 · Post by **Ayyubi72** » Mon Dec 09, 2013 6:15 pm

An application can only be varied if there is an undecided application (pending) with HO.

Since your application has been decided (refused), you have no outstanding application with HO that you can vary.

You cannot vary a non-existent application.

gbengi · Post by **gbengi** » Mon Dec 09, 2013 6:59 pm

Thank you Ayyubi72.

Alrite that is fine. Another question for you please. As a PBS dependant I will be 10 years in UK before my wife hearing date for the appeal. Please let me know can I apply for my 10 yrs LR?
Thanks for your urgent response.

Ayyubi72 · Post by **Ayyubi72** » Mon Dec 09, 2013 7:05 pm

You cannot apply for anything.

gbengi · Post by **gbengi** » Mon Dec 09, 2013 7:23 pm

Thank you Ayyubi72.

Could you please let me know why I can't apply for my 10 years LR as long as I am legal for my 10 years in UK?

Ayyubi72 · Post by **Ayyubi72** » Mon Dec 09, 2013 7:36 pm

Please read once again carefully 3C/3D.

gbengi · Post by **gbengi** » Thu Dec 12, 2013 1:54 pm

Thanks Ayyubi72.

I have read 3C and 3D and I have also consulted immigration solicitors.

you are right: You cannot sumbit any application if you have on going appeal

I was told the only way forward for me to apply for my 10 yrs LR in UK as I have on going appeal and I am a PBS dependant, Once I qualify for my 10 yrs LR. I will have to withdraw my appeal first and lodge a fresh application within 28 days for my 10 yrs LR in UK.

Please let me know if this information is correct.
Thank you.

Ayyubi72 · Post by **Ayyubi72** » Thu Dec 12, 2013 5:52 pm

http://www.immigrationboards.com/viewto ... baf0c967d5

gbengi · Post by **gbengi** » Mon Jul 28, 2014 4:31 am

Thank God.

Appeal date 25 April
Our appeal was allowed on 30 April
ILR received 17 July.

Freedom at last with peace for my family.

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