can i vary Tier 2 extension application to ILR application?

[tier2gtoilr2021]

Dear All,

I am looking for some information on my dependents ILR application, can you able to answer my question?

I have got my ilr, my wife will be completing her 5 years on tier 2 dependent on 26 July 2021, but her current visa will expire on 28th Feb 2021 (by that time she has completed 4year and 7month), considering the 28 days rule for ILR, she can technically submit her ILR application on 30h June 2021. She is short of 4 months (March, April, May and June) to eligible to apply for ILR. I will have to go for a 3 years extension to cover the shortage of 4 months.

Is there any way for me to avoid tier 2 extension and submit her ILR application?
ie, submitting tier 2 extension application on 28th Feb 2021 and then submit her ILR application to vary the tier2 extension application? or should I go for an extension?

Can you provide some guidance on this and the possibility of success rate while varying application.

Thanks,
Dan

[CULLINAN]

The gap between the Tier 2 dep expiry and ILR eligibility is unfortunately too big for an easy work around. But you can try this:

Apply for a Tier 2 extension on: 27th Feb 2021 (last day before current visa expiry)

You get 2 months for biometrics. The deadline will be around 27th April 2021. Submit biometrics just 1 day before deadline. You must submit biometrics for your application to be valid.

You can then only hope that a decision is not made on Tier 2 dep extension and vary to ILR on 30th June 2021 (when she actually qualifies).

or

vary to ILR after 3 May 2021 (to buy 2 months for biometrics till 3rd July) and submit biometrics 1st July 2021- after she qualifies). As long the decision is made on the day she actually qualifies, ILR must be granted.

The above stated is very tedious task. But just a suggestion.

[CULLINAN]

Guidance on variation:

https://assets.publishing.service.gov.u ... .0-ext.pdf


https://assets.publishing.service.gov.u ... gov-uk.pdf

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

[tier2gtoilr2021]

Thank you so much for your quick reply. I will go through the guidance on variation and ask your help if I am not clear with anything.

Thanks again,
Dan

[tier2gtoilr2021]

Could you please confirm me if the following is true?

I have heard from some of my friends that i can only vary tier 2 extension application to ILR application before attending the biometric appointment for the first application?

If its true, I will be in trouble. Because my dependents will not be qualified to submit ILR application before their biometrics appointment for the extension application.

My scenario below in detail,
If I submit their extension application on 28th Feb 2021 and technically I can go for a biometric appointment on 27/04/2021. I can only submit my ILR application on or after 02/05/2021 considering I can booking biometric appointment on 30/06/2021 the date they are eligible for an ILR with 28 days rule.

[CULLINAN]

Biometrics
You must not accept an application as valid if the applicant has not provided their biometric information and none of the exceptions apply. The requirement to provide biometrics and the exceptions are included in the Immigration (Biometric

Page 20:

https://assets.publishing.service.gov.u ... .0-ext.pdf


Follow this thread for a similar situation but please keep all your follow up questions in your own thread here:

indefinite-leave-to-remain/tier-2-depen ... 04857.html

[tier2gtoilr2021]

Thank you CULLINAN. Much appreciated for the kind response.

Just one more question for my clarification,
Is that possible to pay IHS fees for one year when I go Tier 2 extension? Assuming they will grant one year visa if its allowed in the guidance docuement.

[CULLINAN]

As far as I know, extension will be for 3 years and you will have to pay IHS for 3 years.

[tier2gtoilr2021]

Thanks again for the fast turnaround.

I will try my luck with paying 3 years IHS fees for the extension and vary application on the date as you suggested from your previous response.

[CULLINAN]

Thanks again for the fast turnaround.

I will try my luck with paying 3 years IHS fees for the extension and vary application on the date as you suggested from your previous response.

Note two things. Your margin to vary will be very small. You get only 45 working days to submit biometrics. Calculate properly as example stated above.
That is why I suggested to vary on 3rd May so you can buy time for biometrics. Also, it will be a week between extension biometrics and ILR submission. Hoping a decision is NOT made within that week.
If you submit ILR application any earlier you will fall short of days to submit biometrics when you actually qualify. Hope you get the point.

Also follow the thread as stated above as you still have time left and may benefit from user’s experience in that thread.

[tier2gtoilr2021]

Thank you.

To reconfirm that I have understood correctly, please see below and correct me if I missed anything

1) To submit tier 2 extension application on 28th Feb 2021, one day before current visa expires on 01/03/2021.
2) To give biometrics on 27th Apr 2021, one day before 2 months limit for biometrics.
3) To vary application to ILR application on 3rd May 2021.
4) To give biometrics on 1st July 2021

[CULLINAN]

Thank you.

To reconfirm that I have understood correctly, please see below and correct me if I missed anything

1) To submit tier 2 extension application on 28th Feb 2021, one day before current visa expires on 01/03/2021.
2) To give biometrics on 27th Apr 2021(I think this date will be 30th April as per 45 working days after 28th Feb so you can submit on 29th April in this case, one day before 2 months limit for biometrics.
3) To vary application to ILR application on 3rd May 2021. Add 45 working days to see if you reach ILR eligibility date with 1-2 days margin on safe side
4) To give biometrics on 1st July 2021

The overall understanding is correct. Lets see if your biometrics deadline for extension is 30th April and you submit on 29th April and then vary to ILR on 3rd May. You have to be lucky that a decision on extension application is not made between 29th April and 3rd May before you vary to ILR.

[tier2gtoilr2021]

Great, thanks for the correction.

Yep, I can give biometrics on 29th Apr 2021 and vary application on 3rd May 2021. The good thing is that the HO shouldn't make any decision within two days (29 and 30 April). 1st and 2nd May is Saturday and Sunday. 3rd May Monday I can vary application hopefully. 45 working days from 3rd May is on 2nd July. My dependents will qualify for the ILR is from 30th June onwards, considering 28 days before the visa issue date 27th July 2016. I have 3 days margin to give biometrics on a safer side.

[CULLINAN]

My suggestion:

1) Tier 2 extension pay and submit: 28th Feb 2021 (before expiry)
adding 45 working days to deadline: 30th April 2021.
2) Submit Biometrics for extension: 29th April 2021.
to make your extension application valid
3) Vary ILR on 1st May 2021 (to buy time till 2nd July for biometrics)
adding 45 working days to biometrics deadline: 2nd July.
4)Submit Biometrics for ILR on 30th June (assuming when your wife qualifies for ILR and leaving 2 days safe margin).

Double check the calculations yourself.

Note: Risk minimised 29th April - 1st May before you vary and a decision is not made on extension application within these 2 days.

[tier2gtoilr2021]

Thanks for the great calculation and minimised the risk only 2 days.

Please can you confirm that I am correctly calculating the 28 days qualifying period?

Visa issue date is 27th July 2016 as shown on the passport and calculation 28 days qualifying period is 28 days before the issue date 30th June 2021 if I am correct.

[CULLINAN]

27th July 2021 minus 28 days is actually 29th June but yes good to assume 1 day safe margin and submit biometrics on 30th June 2021.

Also, do NOT upload or self-submit any documents before extension biometrics so no case work can be done. Upload documents 2/3 days before extension and only submit at the appointment itself minimising your risk further.

After variation, you should get refund for extension and IHS.

[tier2gtoilr2021]

That's a great idea again.

As per UKVCAS requirement, the documents should be uploaded before 48 hours from the biometrics appointment date.

Thank you very much for spending time on my case and try to hep me on this.

[CULLINAN]

That's a great idea again.

As per UKVCAS requirement, the documents should be uploaded before 48 hours from the biometrics appointment date.
No. This is only if you buy documents checking service. You can actually upload 1 day ago or even pay them to upload at appointment day & up to 48 hours before appointment you may self-submit if wanted but dont

Thank you very much for spending time on my case and try to hep me on this.

Add a cover letter with your ILR application and when you start SET(O) answer the second question accurately where the form asks if you have any pending HO applications. Mention your extension application there.

[tier2gtoilr2021]

Oh my goodness, I am not aware of this. Then I can pay and upload all the documents on the day of biometrics appointment.

Do you have a copy of covering letter for information?

[CULLINAN]

Oh my goodness, I am not aware of this. Then I can pay and upload all the documents on the day of biometrics appointment.
It is best to upload yourself 1 day before appointment and submit only at appointment. why pay extra? It will only be submitted at appointment anyways

Do you have a copy of covering letter for information?

What do you mean?

[CULLINAN]

Also, to minimise the risk further book a late afternoon/evening slot for biometrics on 29th April 2021. UKVCAS takes up to 24 hours to pass on the information to HO. So your risk will be almost be eliminated before you VARY to ILR on 1st May 2021. Vary to ILR as soon past midnight on 1st May 2021, lets say 1AM 1st May 2021.

[CULLINAN]

Phew I keep on getting thoughts....OK so do not do it before 1AM BST (we will be in BST again by May 2021!!). The UKVCAS/payment follows GMT. So if you will submit 12AM BST on 1st May 2021, it will show as 11AM GMT 30th April for payment confirmation. So submit 1AM or later BST (12AM GMT or later) on 1st May 2021 at the earliest.

[CULLINAN]

Okay I have done the calculation again and actually the risk is gone to zero. You double check the calculation also.

1) Tier 2 extension pay and submit: 28th Feb 2021 (1 day before expiry)
adding 45 working days to deadline: 30th April 2021.
2) Submit Biometrics for extension: 29th April 2021.
to make your extension application valid
3) Vary ILR on 30th April 2021 (to buy time till 2nd July for biometrics)
adding 45 working days AFTER 30th April 2021 to biometrics deadline: 2nd July.
4)Submit Biometrics for ILR on 30th June (assuming when your wife qualifies for ILR still leaving 2 days safe margin till 2nd July deadline).

Double check the calculations yourself.

Note: Risk minimised to ZERO.

• Submit biometrics for extension late afternoon/evening slot on 29th April 2021.

• VARY to ILR on 30th April 2021 after 1AM BST or 12AM GMT (we will be in BST in May 2021).

[tier2gtoilr2021]

Hi CULLINAN,

Thank you so much for your effort on the calculation to minimize the risk to zero.

I did calculated and should work if everything goes well.

Thanks again for your help and will wait for more users to share their experiences during these 4 months time.

[cutdcrap]

Okay I have done the calculation again and actually the risk is gone to zero. You double check the calculation also.

1) Tier 2 extension pay and submit: 28th Feb 2021 (1 day before expiry)
adding 45 working days to deadline: 30th April 2021.
2) Submit Biometrics for extension: 29th April 2021.
to make your extension application valid
3) Vary ILR on 30th April 2021 (to buy time till 2nd July for biometrics)
adding 45 working days AFTER 30th April 2021 to biometrics deadline: 2nd July.
4)Submit Biometrics for ILR on 30th June (assuming when your wife qualifies for ILR still leaving 2 days safe margin till 2nd July deadline).

Double check the calculations yourself.

Note: Risk minimised to ZERO.

• Submit biometrics for extension late afternoon/evening slot on 29th April 2021.

• VARY to ILR on 30th April 2021 after 1AM BST or 12AM GMT (we will be in BST in May 2021).

Hi, Gov.uk website says not to submit ILR application 28 days before qualifying period. On this advise of varying extension application to ILR atleast 2 months before; would the variation on 30-Apr be not acceptable by HO?