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:
I was just wondering if my understanding is correct? Any comments seniors?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.
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,