Varying Visa Application

[DonaldJohnson]

Hello,

If, on an outstanding application with the Home Office, you receive an email where they give you a chance to ‘vary’ the application (application category), does that mean they will provide further instructions or forms on how to vary the application if you accept or do they expect you to submit a fresh application with the new category?

The email did not contain any more information other than the reason they recommend a variance and the following text:

“We are giving you the opportunity to vary your application to <Category> but you will have to pay the relevant I.H.S. and ensure you meet all the requirements. Can you please reply to this email advising us how you want us to proceed”

Any help will be much appreciated.

[CR001]

What did you apply for or form did you use and what have they offered you to vary to???

Impossible for anyone to give advice with no category details or your circumstances.

[DonaldJohnson]

Apologies. New to the forum so did not know if individual case details are to be furnished for general advice.

Application for Indefinite Leave to Remain but the offer is to vary to PBS Dependant Extension.

So do we need to wait for the Home Office to tell us which documents / form to submit or are they indicating submitting a fresh PBS Dependant Application referencing the original application?

[CR001]

Any idea why you are being asked to vary?

Did you qualify for ilr or not? Which form did you complete for ilr?

How long have you held a PBS dependent visa? Which category of lbs dependent visa do you hold (there is more than one category)?

What is the visa status of your partner or the main PBS visa holder?

[DonaldJohnson]

Dear CR001,

Many thanks for the prompt response.

If you wouldn’t mind, without getting into the merit of this case in particular or establishing if the ILR Application was rightful, just want to understand what is the process of “varying” and application. Is a specific form required from the UKVI to proceed or does it mean submitting a new application quoting reference of the existing one.

Many thanks.

[seagul]

Dear CR001,

Many thanks for the prompt response.

If you wouldn’t mind, without getting into the merit of this case in particular or establishing if the ILR Application was rightful, just want to understand what is the process of “varying” and application. Is a specific form required from the UKVI to proceed or does it mean submitting a new application quoting reference of the existing one.

Many thanks.

https://www.gov.uk/government/publicati ... procedures

[DonaldJohnson]

Many thanks. I have been through that guidance document, as that is perhaps the only legitimate gov.uk result you get on Google when you search for Varying an application. However, what was not clear to me was the form that you have to fill up for varying, is if a standard visa application form, as though you are submitting a fresh application or wait for a specific form to be provided by UKVI.

“ If the applicant wishes to vary the purpose of their application, they must complete the specified form and meet all the requirements of paragraph 34 of the Immigration Rules for the variation to be valid.
If an applicant writes to request a variation of an application but does not submit an application form, you should write back to them confirming that they must complete a specified form and tell them which form to use. See: Requirement: a specified application form.”

[CULLINAN]

as though you are submitting a fresh application

You fill the specific form and it asks if you have any pending applications with HO. You provide the details for pending application there and it is varied to new application.

[seagul]

Any idea why you are being asked to vary?

Did you qualify for ilr or not? Which form did you complete for ilr?

How long have you held a PBS dependent visa? Which category of lbs dependent visa do you hold (there is more than one category)?

What is the visa status of your partner or the main PBS visa holder?

UKVI judgement/option doesn't necessarily unerring, therefore, providing the answers of all above is vitally needed for an opinion fully appurtenant to your case.

[DonaldJohnson]

Thanks Seagul.

We did debate this for a while whether we should pursue on the same application and hope to either appeal or submit an administrative review for a decision that goes against us. We did think there is merit in our case. But the problem with that is, in case the decision goes against us, and we lose an administrative review (worst case scenario), right to work will be impacted. So we want to take the least risky option to ensure right to work is not impacted, even if that risk losing a couple of years and application fees.

[DonaldJohnson]

as though you are submitting a fresh application

You fill the specific form and it asks if you have any pending applications with HO. You provide the details for pending application there and it is varied to new application.

Thanks Cullinan.

So is this specific form available in the public domain for us to search and fill or should we wait for the case worker to send us this form? Apologies if this question is a bit to naive but we don’t want to complicate and already complicated situation any further.

[CULLINAN]

as though you are submitting a fresh application

You fill the specific form and it asks if you have any pending applications with HO. You provide the details for pending application there and it is varied to new application.

Thanks Cullinan.

So is this specific form available in the public domain for us to search and fill or should we wait for the case worker to send us this form? Apologies if this question is a bit to naive but we don’t want to complicate and already complicated situation any further.

@CR001 asked you a couple of questions but I suppose you do not want to answer that. Obviously as rightly pointed out by @CR001 we can not assess your situation properly unless you provide transparent details.

However to answer your GENERAL question, there are cases where CW’s give an option to vary OR applicant’s vary on their own, both cases the specified FORM remains the same. There is no special form which CW provides you to vary. The form is the same that is accessible to all.

[DonaldJohnson]

as though you are submitting a fresh application

You fill the specific form and it asks if you have any pending applications with HO. You provide the details for pending application there and it is varied to new application.

Thanks Cullinan.

So is this specific form available in the public domain for us to search and fill or should we wait for the case worker to send us this form? Apologies if this question is a bit to naive but we don’t want to complicate and already complicated situation any further.

@CR001 asked you a couple of questions but I suppose you do not want to answer that. Obviously as rightly pointed out by @CR001 we can not assess your situation properly unless you provide transparent details.

However to answer your GENERAL question, there are cases where CW’s give an option to vary OR applicant’s vary on their own, both cases the specified FORM remains the same. There is no special form which CW provides you to vary. The form is the same that is accessible to all.

Great, thanks @Cullinan. So if I understand right, it is as good as submitting an online application for PBS Dependant extension using the form below and quoting the existing application reference number.

https://visas-immigration.service.gov.u ... nt-partner


And apologies for withholding specific information about the case. But really appreciate inputs from all three of you. You were all fab.

[CULLINAN]

Any idea why you are being asked to vary?

Did you qualify for ilr or not? Which form did you complete for ilr?

How long have you held a PBS dependent visa? Which category of lbs dependent visa do you hold (there is more than one category)?

What is the visa status of your partner or the main PBS visa holder?

Please answer these questions first before I can draw a full picture.

When was an application made?
What is the qualifying criteria?
Dates?