Varying an application

[ILR1980]

Hi guys

Does anyone have any information about how to vary application. I applied for entrepreneur visa and got refused and went for appeal and judge allowed the appeal but sent it back to UKBA for fresh decision as according to judge the decision was not according to law so i completed my ten years when i received the determination of the judge of tier 1 tribunal. my my application is pending while i have leave under 3c and i want to vary my application based on ten years ground. I know i have to submit new application form FLR(LR) and will have to pay the difference of fees which will be 50 pounds more but i dont know where to send the application and how i am going to provide passport and English language degree when UKBA have all these documents with them. Enetreprunue and long residence are two different category of visa with different department and address and also have no clue how i will pay partial fees which is teh difference of fees between entrepreneur and FLR(LR) .I only found this relevant information about varying application but it dont give any answers


This page tells you the procedures to follow if an applicant seeks to vary the grounds of an
outstanding application before a decision is made on it.

An applicant can vary an application at any time before a decision is made on it. They can
do this if they want to be considered for a grant of leave on a different basis to their initial
application.

If the applicant wishes to vary their leave for a purpose where a specified application form is
required, they must complete the new form and meet all the requirements of paragraph 34A
of the Immigration Rules, for the variation to be valid.

For more information on these requirements, see related link: Specified requirements.

A person who varies their application does not have to pay an additional fee unless the new
ground they want to be considered under has a higher fee than their original application. In
this case, they must pay the difference between the original fee and the new higher fee.

This means a valid variation will look like a new application. You must check CID to see if an
earlier application exists which does not yet have an outcome. This will tell you whether the
new application is a variation of an existing application which has not yet been decided.

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 and determining the applicant’s appeal rights. For more information, see related
links:

 Section 3C and section 3D leave
 05.0 - Section 3C of the Immigration Act 1971 (As Amended)
 1.0 - Rights of Appeal

you can use discretion and accept the variation as valid if the applicant and their
dependants, if appropriate, have already submitted photographs with their initial application.

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.

[rooney0511]

Fill in the Relevant application form, Include Photographs, additional payment and all necessary documentation like Life In the UK and the new English language requirement etc.

Write a detailed letter explaining that you wish to vary your application to ILR based on 10 years stay. Also request the case worker to update you when the Variation is accepted.

This is what should happen.

Firstly when your application is sent back to the Team the initial decision will be changed to reconsideration and the application becomes active which at that point your Variation will be accepted and the whole file will be sent to the Validation Team who will then see weather you have submitted all the documentation and the difference in Payment if any. ( Please note if you have overpaid you will not get a refund, but if your new application fee is more than the old one, you pay the difference which is best paid by Cashiers cheque)

Secondly, after all the above is done then they should sent the whole file to Liverpool via Internal mail and it goes back in the queue with all the other ILR applications as though it is received NOW, so its a 5 - 6 months wait there again.

Hope this Helps. Please note that you are in for a long wait for all this to happen
Send all the documentation to

Home Office
TMT 18 ( Appeals Implementation Team )
Po Box 3468
Sheffield S3 8WA

[ILR1980]

Thank you rooney0511 for detail reply .It was very helpful. I have few question in mind

If my variation will not considered valid then what will will happen to my previous application? Will they carry on making decision on that ?

Would i have appeal rights if application of variation get rejected ?

And i need to tell them in cpvering letter that why i have paid partial fees and why i have not sent all passports and degree certificate because they already have them

[rooney0511]

Thank you rooney0511 for detail reply .It was very helpful. I have few question in mind

If my variation will not considered valid then what will will happen to my previous application? Will they carry on making decision on that ?

Would i have appeal rights if application of variation get rejected ?

And i need to tell them in cpvering letter that why i have paid partial fees and why i have not sent all passports and degree certificate because they already have them

Yes, they will give you a Right of Appeal.

The letter I would write in detail that the application Variation request and the difference in fee explaining how you arrived at that.
£ New fee -- Already paid fee = Difference Also ask them to send an acknowledgement for the variation for your record purposes..

[ILR1980]

Thank you rooney0511 for detail reply .It was very helpful. I have few question in mind

If my variation will not considered valid then what will will happen to my previous application? Will they carry on making decision on that ?

Would i have appeal rights if application of variation get rejected ?

And i need to tell them in cpvering letter that why i have paid partial fees and why i have not sent all passports and degree certificate because they already have them

Yes, they will give you a Right of Appeal.

The letter I would write in detail that the application Variation request and the difference in fee explaining how you arrived at that.
£ New fee -- Already paid fee = Difference Also ask them to send an acknowledgement for the variation for your record purposes..

Thanks Rooney. Would it affect the application of my entrepreneur partner as i had submitted original application as a team ? I got trap in complicated situation

would you reckon which one is best option? follow the outcome of previous application which already took one and half year (applied june 2012 then got rejected then appeal allowed at upper tribunal in dec 2013 but sent back to UKBA for fresh decision and now don't know what fresh decision will be and how long it would take ) or i should take this opportunity of varying application on ten year grounds.your advice will be appreciated

[rooney0511]

Its not easy to answer this question as it depends on your paperwork, how you have shown your funds and so on. Sent you a PM. Check it.

[Kerryhos]

Hi,

I am from Bangladesh . My wife is British. Would you mind clearing up a few questions for me please.

(Summary : I came to the uk as a student in sept 2009. I'm married to a British citizen: April 2014 , finished uni : sept 2014, applied FLR FP: sept,2014. Refused FLR fp: Jan 2015. Appealed in FTT, refused in sept 2016. Applied to UTT for permission to appeal. Refused 21st NOV,2016. Applied a fresh online FLR FP 4th Dec, 2016 (within 14 days), sent all docs by post on 22nd Dec ,2016 (within 15days).

1. My wife is meeting the financial requirements. we will be ready to apply for FLR M at the beginning of Feb 2017.
2. Are we able to 'Vary' our application FLR FP to FLR M?

3. As I need to Vary' our application from FLR FP to FLR M , I would like to know if there Is any way I can be an overstayer?

4. For FLR M, do we have to show any 'insurmountable obstacles'?

5. If we are refused from FLR M , what is the next step ?

Thanks in advance.

I am looking forward to hearing from you.

Kind Regards