Vary application to FLR (FP) while Tier 1 (Extension) under process?

[ikramjunaid009]

Hi,

This is a serious question and it needs urgent attention from all visas gurus. I am asking this question on my friend's behalf. He has made an application to extend Tier 1 Entrepreneur Visa in May, 2017 and he is still awaiting a decision. He is also eligible now to make an application for FLR (FP).

His question is, can he vary his application to FLR (FP) while his application i.e. T1 Extension is still in process? If he is allowed to do so, then what is the process?

Thank you

[zimba]

What makes him eligible to apply for FLR(FP) ?

[ikramjunaid009]

Hi Zimba sorry I applied in July 2017. He asked me that his non-EU son in UK for last 8 years lawfully. He is asking me if he vary his application on the basis of 7 years continuous residence possible?

[zimba]

Visa based on the 7 year rule is issued rarely as far as I know. I am not really familiar with it much.
Varying an application can be done simply by applying for FLR as usual and including a cover letter with the intention of varying previous application.

[ikramjunaid009]

Hi Zimbaa Thank you for your reply. My friend just ask me that If he submit fresh application of FLR(FP) and after the biometrics if he withdraw his previous application of extension so there is any issue?

Also, if he withdraw his previous application so what about his status? means will his continuous residency period break?

Kindly answer because he is going to see his lawyer by tomorrow so before the discussion with him he wants me to clear some points.

[marcnath]

Hi Zimbaa Thank you for your reply. My friend just ask me that If he submit fresh application of FLR(FP) and after the biometrics if he withdraw his previous application of extension so there is any issue?

You can't have two applications at the same time. So this scenario is not possible.

Also, if he withdraw his previous application so what about his status? means will his continuous residency period break?

Yes, if he withdraws his application, he becomes an overstayer.

[ikramjunaid009]

Hi Mac, thank for the reply. So only the option for him to vary the application. If he vary his application so he still on section 3C or it will break.

[marcnath]

Hi Mac, thank for the reply. So only the option for him to vary the application. If he vary his application so he still on section 3C or it will break.

He will remain on 3C

[zimba]

You are not allowed to have two applications simultaneously. You either apply for a new application as a variation of previous application OR you must withdraw the previous application first, in order to submit a new one. The obvious advantage of varying is that your status remains the same after variation is accepted

[ikramjunaid009]

Thank you Zimba and Mac. One more question if he vary his application from point base system to non-point base system, is there any legal obligation? means that the HO says you are not allow to vary application on non-point scoring system.

Secondly the fee of previous application will lost or the HO compensate in new application?

[marcnath]

Thank you Zimba and Mac. One more question if he vary his application from point base system to non-point base system, is there any legal obligation? means that the HO says you are not allow to vary application on non-point scoring system.

Secondly the fee of previous application will lost or the HO compensate in new application?

HO has the right not to accept the FLR(FP) application and ask him to wait for the extension application processing. Even if they accept it, they will still likely look through the T1E application before deciding on the FLR(FP)

If you vary, yes, the earlier fee will be refunded

[zimba]

Thank you Zimba and Mac. One more question if he vary his application from point base system to non-point base system, is there any legal obligation? means that the HO says you are not allow to vary application on non-point scoring system.

Secondly the fee of previous application will lost or the HO compensate in new application?

Variation has nothing to do with the point based system.

[hina_pirzada]

Hi Zimba , Ikram is asking about his friend about FLR(FP) variation from T1 Ent (Ext). Just want to ask if his friend application will approve on the basis of private life so what about his previous residency status means his friend needs again 10 years to reach ILR?? What i have seen people apply FLR(FP) when they are over stayer but in his friend case he is not an over stayer. Normally FLR(FP) HO grants 30 months leave to remain called (DL). If his freind completed 10 years before his first leave expire so he can vary to ILR or not.