Tier 1 Extension and ILR URGENT HELP Please

[anon2311]

Hi everyone. someone please help me!I have sent my tier 1 extension (50k route) in June 17 and still awaiting a decision. Had the complex letter and interview as well. I have completed my 10 year legal stay in the UK in August 18. called HO to have an update on the case in September and got a generic email that the application is still being considered. My solicitor says no news is good news but i can't keep on waiting as my mom is seriously ill back home. another problem is that my passport has expired in June 18. the high comm would not issue me with another passport without handing in my old passport and they refuse to understand that my expired passport is with the home office. I would appreciate if someone could advise please - i desperately need to go see my mother. do i need to get a decision to submit an ilr application? i understand that i cant vary my application because at the time of sending my extension i had not completed my 10 year residency- correct me if I am wrong. Should i call the HO again or get assistance from my MP?

[hina_pirzada]

You can submit the variation Outstanding of the application any time before the decision. I don't understand why you didn't do this till yet. You can pay the full fee at the time and the previous fee will be refunded to you.

You should submit the variation once you completed 10 years. You can do now if you passed life in the UK.

[marcnath]

1. You can vary your application to ILR(LR). In fact, you can only vary it BEFORE a decision is made. If the decision has been made (even if you have not been informed yet) you can't vary your application. So, you should do the variation earlier rather than later.
2. What you can't do is to use the Premium application process. You have to vary by post. Once the variation is accepted (you get new biometrics) you can write in and ask to be upgraded to the Premium process.
3. You should be able to get your passport back for the purpose of applying for a new passport. As long as the intention is not for travel, you can request the passport back temporarily without your application being withdrawn. But there is a chance that they will stop all processing of your application until you return the (old and new) passport to them.