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Can someone go on Premium Service after varying grounds?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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farrukh_70
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Can someone go on Premium Service after varying grounds?

Post by farrukh_70 » Tue Dec 20, 2016 11:05 am

Hi
If someone is short of 2 days from 10 years and he/she applies for extension application (Current status is Tier 1 Entrepreneur) in order to complete the remaining 2 days and then he/she vary grounds and applies for 10 years. Can he/she goes for premium service for 10 years after varying grounds?

Any reply would be appreciated.

Regards

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Casa
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Re: Can someone go on Premium Service after varying grounds?

Post by Casa » Tue Dec 20, 2016 12:45 pm

Unlikely that the application will be assessed by the Case Worker at the PSC on the day as your passport will still be with the HO.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

farrukh_70
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Re: Can someone go on Premium Service after varying grounds?

Post by farrukh_70 » Tue Dec 20, 2016 12:56 pm

Hi Casa

Thanks for the reply. It doesnt matter whether they take a month to request passport from other case worker and process the new(varied) application. My question was whether someone can apply or not? I have heard about a couple of cases and they had the same scenario and they did premium service but got their decision after a month or so.

Please reply.

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Casa
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Re: Can someone go on Premium Service after varying grounds?

Post by Casa » Tue Dec 20, 2016 1:51 pm

You can apply at a PSC and pay the premium fee for what will probably result in a deferred application (joining the postal application queue). It's your choice.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

imi87
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Re: Can someone go on Premium Service after varying grounds?

Post by imi87 » Tue Dec 20, 2016 2:24 pm

I was on tier 1 ent visa. I applied for the extension in april 16 and the decision was still pending before I varied my application from tier 1 ent to ilr set lr at pso Sheffield, I was lucky that my cases was decided on the same day as they already had my passport and other documents. I was given back all my documents and passport.

but do keep in mind that I booked my appointment back in October about 40 days before the appointment date.

farrukh_70
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Re: Can someone go on Premium Service after varying grounds?

Post by farrukh_70 » Tue Dec 20, 2016 3:22 pm

Hi Casa and imi87

Thanks for the reply.
I think i still should go for premium service after varying application because postal application could take upto 6 months and its better off if I go for Premium Service even if they take 2 months.
imi87 - please let me know that did you book appointment for ILR at the same time when you varied your application or you booked appointment later? Can I book appointment in advance for ILR on the basis of 10 years at the same time when i apply for tier 1 entrepreneur extension application which is just to cover those 2 short days?

Thanks for your comments

nasirkhan
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Re: Can someone go on Premium Service after varying grounds?

Post by nasirkhan » Tue Dec 20, 2016 3:43 pm

I think you should KISS (Keep it simple S). Two days is nothing. Just book a PEO appointment for the expiry date on your permit and come out with the privilege to live in this land of milk and honey !

farrukh_70
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Re: Can someone go on Premium Service after varying grounds?

Post by farrukh_70 » Tue Dec 20, 2016 7:50 pm

Hi nasirkhan

Thanks for your comments. Home office are looking for a small reason now a days to refuse. In fact, now a days they refuse for no reason. I have seen one case where someone was refused on the basis of not mentioning the employee's start date (he applied for tier 1 ent extension) where actually he mentioned start dates at six places and provided number of relevant documents with start date on it.
After all that, should I take risk for two days? I don't think I should.
I should vary the grounds after submitting the tier 1 ext application. One thing not clear, how can we vary the grounds.
Can I just book the appointment for PEO for Set (LR) and just explain on the date of appointment to vary the grounds and consider on the basis of new grounds which is 10 years. Or Would I need to tell in advance for varying before attending the appointment.
Also, I have read the guidance about varying, (See page 57 of this link https://www.gov.uk/government/uploads/s ... es-v18.pdf). It says on page 57 last para ''The application date remains the date of the original application and not the date of the variation. You will need to consider this when deciding if the applicant benefits from section 3C leave.''
This means that varying the leave doesn't extend the leave? Which ultimately means that they will consider date as the date of Tier 1 ent extension application but not the date of SET (LR). Then there is no point varying the leave?
But people normally do that to borrow the time if they are short of some time from their qualifying period of 10 years ; e.g short of one month then how does it extend their time and they complete the qualifying period of 10 years. This is bit confusing?

fahadii123
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Re: Can someone go on Premium Service after varying grounds?

Post by fahadii123 » Tue Dec 20, 2016 11:35 pm

Hi farukkh
Answer to your question is yes. I was 18 days short of my qualifying period and so I made a FLR application and since no decision was made on the application I booked a peo appointment once I reached he qualification period. I am now waiting for my appointment and will share my experience with you once I get the decision. Most likely the decision won't be taken on the day as they wont have my current passport and some documents but let's hope for the best!



farrukh_70 wrote:Hi Casa and imi87

Thanks for the reply.
I think i still should go for premium service after varying application because postal application could take upto 6 months and its better off if I go for Premium Service even if they take 2 months.
imi87 - please let me know that did you book appointment for ILR at the same time when you varied your application or you booked appointment later? Can I book appointment in advance for ILR on the basis of 10 years at the same time when i apply for tier 1 entrepreneur extension application which is just to cover those 2 short days?

Thanks for your comments

farrukh_70
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Posts: 14
Joined: Fri Dec 09, 2016 7:55 pm

Re: Can someone go on Premium Service after varying grounds?

Post by farrukh_70 » Tue Dec 27, 2016 2:29 pm

Hi Fahadii

Thanks for your comments. When is your appointment? Did your tell Home Office about your new application at the time of making appointment or you will notify them on the day of your appointment? Please update me on your case as soon as you get any progress.

Regards
fahadii123 wrote:Hi farukkh
Answer to your question is yes. I was 18 days short of my qualifying period and so I made a FLR application and since no decision was made on the application I booked a peo appointment once I reached he qualification period. I am now waiting for my appointment and will share my experience with you once I get the decision. Most likely the decision won't be taken on the day as they wont have my current passport and some documents but let's hope for the best!



farrukh_70 wrote:Hi Casa and imi87

Thanks for the reply.
I think i still should go for premium service after varying application because postal application could take upto 6 months and its better off if I go for Premium Service even if they take 2 months.
imi87 - please let me know that did you book appointment for ILR at the same time when you varied your application or you booked appointment later? Can I book appointment in advance for ILR on the basis of 10 years at the same time when i apply for tier 1 entrepreneur extension application which is just to cover those 2 short days?

Thanks for your comments

fahadii123
Junior Member
Posts: 65
Joined: Thu Aug 22, 2013 9:15 pm
Location: United Kingdom
United Kingdom

Re: Can someone go on Premium Service after varying grounds?

Post by fahadii123 » Tue Dec 27, 2016 3:22 pm

Hi Farrukh
Yes, all went very smoothly. I made a post couple of days back covering everything. Have a read as it'll answer your questions. If you still have any ask on the post I'll reply :)

[http://www.immigrationboards.com/indefi ... 22018.html

P.s: try to book an appointment after you receive your biometric letter. And if it comes from a Sheffield address then book a Sheffield appointment. I got my ilr same day as they were able to pull out my documents from same building.


farrukh_70 wrote:Hi Fahadii

Thanks for your comments. When is your appointment? Did your tell Home Office about your new application at the time of making appointment or you will notify them on the day of your appointment? Please update me on your case as soon as you get any progress.

Regards
fahadii123 wrote:Hi farukkh
Answer to your question is yes. I was 18 days short of my qualifying period and so I made a FLR application and since no decision was made on the application I booked a peo appointment once I reached he qualification period. I am now waiting for my appointment and will share my experience with you once I get the decision. Most likely the decision won't be taken on the day as they wont have my current passport and some documents but let's hope for the best!



farrukh_70 wrote:Hi Casa and imi87

Thanks for the reply.
I think i still should go for premium service after varying application because postal application could take upto 6 months and its better off if I go for Premium Service even if they take 2 months.
imi87 - please let me know that did you book appointment for ILR at the same time when you varied your application or you booked appointment later? Can I book appointment in advance for ILR on the basis of 10 years at the same time when i apply for tier 1 entrepreneur extension application which is just to cover those 2 short days?

Thanks for your comments

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