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Yes, it is possible to vary a "pending" immigration application. But, your application ceased to be a "pending" application in October 2014 when it was refused.success7 wrote:I read in some posts that you could vary your application is it possible to vary my application once i hit 10yrs?
Decided applications wrote: An applicant cannot vary the grounds of their application after it has been decided. This is because once it has been decided it ceases to be an application, so there is no application to vary under section 3C.
You keep stating "10 years" - do note, as things stand currently, (and I repeat) you became illegal about 15 months before you could have completed the "10 years' legal stay in the UK" milestone.success7 wrote:Cos i will be 10yrs on the day of the hearing.
No one is judging you - just trying to explain the facts that you clearly don't understand.success7 wrote:thanks for your comments but i refuse that term ILLEGAL why do you say that ? i have never been illegal and will never be
hisuccess7 wrote:I read in some posts that you could vary your application is it possible to vary my application once i hit 10yrs?
Cos i will be 10yrs on the day of the hearing.
No. U r not covered by section 3c. wait for HO response if they grant u visa (Tier 1 Entrepreneur) than apply New ILR application.success7 wrote:thanks for your comments.
Can i vary the application once the upper tribunal Judge rules that the decison by the H/O is unlawful thereby decision is quashed .
pls any experience on substansive JR hearing?
U were not covered by section 3c at first place. Why u gone through JR route if u covered by section 3c?success7 wrote:thanks for the comments.
but as you know when a judge rules an application is unlawful it actually means no lawful decision has being taking cos the decision that was previously taken has being quashed which automatically activates your 3c again cos the home office will now be mandated to make a new decision lawfully.
And at that point i believe you can vary your application cos no lawful decision has yet being taken.
Thanks SS hope Op understand what we are to trying say this time.secret.simon wrote:Wow, you are a persistent fellow.
Let me recap what sushdmehta and Zee Ali have advised you, in a slightly different way.
When your applications is being decided by the Home Office or while a refusal of such application is in front of the FTT or UTT
Your status is covered by Section 3C (i.e. your status is legal) and you can vary your application.
When you file a JR after all the above options are exhausted and while such JR is in progress
You are not covered by Section 3C and your status is that of an overstayer. Your application has been decided (which is what you are requesting a judicial review of) and hence you can not vary your application.
If the JR is decided in your favour
As you said, that means that you were legal throughout. But that is a retrospective action of the decision that only applies if the JR is successful.
As your application has been decided, there is nothing to vary. You can file a new ILR application at this point, assuming that you meet the various requirements.
If the JR is decided against you
You remain illegal/an overstayer since the UTT rejected your appeal.
You have argued to the contrary of all of sushdmehta and Zee Ali's advice. Disagreeing with their advice does not make you right or legal in this country. You are, at this point in time, while your JR is in progress, an overstayer. And disagreeing with that does not change the law.
The role of this forum is to offer advice from people who have gone down that path before or people who have knowledge of the path. If you do not like the advice, you are free to walk away. Arguing against it does not change the rules or the law.
No, you are not covered by s.3C unless your application is made within time.success7 wrote:
are you covered by 3c when you make an app within 28days of dismissal from ftt?
If a JR is allowed, various things might happen.success7 wrote:thanks for your comments but i refuse that term ILLEGAL why do you say that ? i have never been illegal and will never be all my applications were done on time even the JR. when you apply for JR you might technically be be asserted as an overstayer but not illegal pls.
i joined this forum for people to give me ideas and not judge. i know i have a Jr right now but will i win my case i promise you i will and i will get my ilr.