How to vary my existing FLR M visa to ILR?

[Michelle0507]

Dear gurus and members,

I have been in the UK 10 years legally on Tier 4 and Tier 4 dependent visa.We are not from EU. In July, I will be eligible to apply for Indefinite leave to remain based on my long residence. Several months ago, myself and my child (not born here) applied for FLR (family visa) as my partner become settled based on long residence too (mixed tier 4 and tier 4 dependent visas). Unfortunately, we have not received the decision from the Home Office. Now it is my time to apply for indefinite leave to remain. Sadly, I do not know the procedure for visa variation. As we believe, we could receive/save our initial money paid to the HOME Office for pending family visa?

My question is 1) what is the procedure to visa variation? when they ask the following question Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision? Do I have to say yes and give the reference number? is that it? what documents and things do I need to do in order to vary my pending visa to ILR?

My second question is related to my child as I included in my FLR family visa as a dependent. I know that for long residence I cannot include my child as a dependent as he lived here only 7 years. Is there anyway I can vary his visa by changing it to SET F, whilst my Indefinite Leave to Remain visa is pending? or shall I wait till I get my ILR ? In that case, what is gonna happen to his visa? as my FLR family is no longer considered.Is there anyway I can vary his visa too at the same time? Preferably, I apply for ILR and my son for SET F at the same time?

I would like to thank you very much for your time,

Kind regards,

Shell

[zimba]

My question is 1) what is the procedure to visa variation? when they ask the following question Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision? Do I have to say yes and give the reference number? is that it? what documents and things do I need to do in order to vary my pending visa to ILR?

Yes, that is it. You apply as normal and your new application will be considered a variation of the previous one. I also assume you applied for family visa before your visa expired (in-time)

My second question is related to my child as I included in my FLR family visa as a dependent. I know that for long residence I cannot include my child as a dependent as he lived here only 7 years. Is there anyway I can vary his visa by changing it to SET F, whilst my Indefinite Leave to Remain visa is pending? or shall I wait till I get my ILR ? In that case, what is gonna happen to his visa? as my FLR family is no longer considered.Is there anyway I can vary his visa too at the same time? Preferably, I apply for ILR and my son for SET F at the same time?

Apply for SET(F) separately for him. Include a cover letter and explain that the mother is settled and you have applied for settlement under SET(LR). SET(F) should be held until you are granted ILR

[Michelle0507]

I would like to Zimba for quick response. We applied for our visas in time.

I want to clarify second question. Can I apply my son at the same time for SET F, while I apply for Set LR? In other words, while I have a pending ILR application. I can include a covering letter referencing my Set LR visa reference?

In terms of payment for our visas, we are going to be refunded later? I guess. Another question is that do we need to have our biometrics done ? Or We do not as we have pending visas.

Last not least, is the premium service available at the moment.

I would like to thank you very much for your support and time.

[Michelle0507]

I have another question related to Furlough.

Since, we are going to use Set F for our son. Both parents on Furlough at the moment due to coronavirus. My partner receives only child benefit. Can we apply for our son for Indefinite Leave to Remain with Set F? Can we apply and meet the financial requirements for Set F?

[zimba]

I want to clarify second question. Can I apply my son at the same time for SET F, while I apply for Set LR? In other words, while I have a pending ILR application. I can include a covering letter referencing my Set LR visa reference?

Yes

In terms of payment for our visas, we are going to be refunded later? I guess. Another question is that do we need to have our biometrics done ? Or We do not as we have pending visas.

Refunds are issued when the latest application is processed. You need to attend Biometrics again

Last not least, is the premium service available at the moment.

indefinite-leave-to-remain/suspension-o ... l#p1907458

[Michelle0507]

Dear Zimba,

Thank you very much for your reply. Could you please comment on the question about Furlough?

Since, we are going to use Set F for our son. Both parents on Furlough at the moment due to coronavirus. My partner receives only child benefit. Can we apply for our son for Indefinite Leave to Remain with Set F? Can we apply and meet the financial requirements for Set F? We do not claim any other benefits ever.

[zimba]

I have another question related to Furlough.

Since, we are going to use Set F for our son. Both parents on Furlough at the moment due to coronavirus. My partner receives only child benefit. Can we apply for our son for Indefinite Leave to Remain with Set F? Can we apply and meet the financial requirements for Set F?

SET(F) has no financial requirement. The only requirement is that both parents must be settled

[Michelle0507]

Thank you Zimba.

Kind regards,

Shell

[Michelle0507]

Dear Guru and members,

In November 2019, I received my ILR based on long residence. Then in that month, I applied for my FLR family visa for my partner and son. Until today, we have not received any decision about visa. In July, my partner became eligible to apply for ILR based on long residence and we did apply for it. In August, we applied for our son for indefinite leave to remain based on SET F. We thought by applying for new visas, the HO will stop considering our previous visa applications. We were told that we would received our visa money from FLR family visas. Today, we received an email saying that my partner and son's visa from FLR family route has been granted. What do I have to do now? We would love to receive our money back?

[poper]

Did your partner mention that another application was 'outstanding' with HO when she applied for ILR? This could've varied her application from FLR to ILR.

[vinny]

Posts merged.

[Michelle0507]

Did your partner mention that another application was 'outstanding' with HO when she applied for ILR? This could've varied her application from FLR to ILR.

Yes. We did. What do we have to do now?

[CULLINAN]

Yes. We did. What do we have to do now?

You should chase HO. They should consider your ILR application and refund money for FLR(M). I have read another similar story where the member was able to chase HO and get it sorted.

[seagul]

Yes. We did. What do we have to do now?

For this purpose, usually a signed covering letter indicating specifically regarding varying the application is uploaded.

[Michelle0507]

We already applied for their new visas online. It asked whether we had "outstanding" visa application. We said 'yes'. I thought that will be enough. We did not include any covering letter. It that case, what is my best option?

[seagul]

We already applied for their new visas online. It asked whether we had "outstanding" visa application. We said 'yes'. I thought that will be enough. We did not include any covering letter. It that case, what is my best option?

Meanwhile, simply carrying on waiting until you will avail a chance in sending that covering letter which normally is doable either by biometrics appointment or invitation to UKVI app. However, on the other side of coin, that covering letter might even not be needed at all subject to the individual caseworker, because in few cases the caseworker had even processed the early submitted application without varying (few members experienced that although got rectified thereupon).

[Michelle0507]

We already sent our documents and had our biometrics done. In that case what shall I do? We did not include any covering letter. We actually selected that we have "outstanding visa application", when we applied.

Kind regards,

[seagul]

We already sent our documents and had our biometrics done. In that case what shall I do? We did not include any covering letter. We actually selected that we have "outstanding visa application", when we applied.

Kind regards,

Then just wait and see where things leads to.