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Advice on varying application into ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Joba
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Posts: 15
Joined: Sun May 03, 2020 2:19 pm
United Kingdom

Advice on varying application into ILR

Post by Joba » Sun Jan 03, 2021 1:12 pm

Happy New Year to you all, I would be grateful if I could get the advice of the moderators with regards to my son's application. My apologies in advance for the long post.

Background: I received my ILR in Sept 2020. My son is currently on a Tier 2 dependant visa but won't be eligible for a ILR until his father gets his ILR as he was born abroad. Father would be eligible for an ILR on the 3rd of August, 2021.
My husband was previously a dependant on my Tier 2 visa but had to return back to our home country to get his own Tier 2 visa in 2016 as he could not commence his doctor specialist training on a dependant visa.
My son remained on my visa as a dependant. His Tier 2 visa is due to expire on the 23rd of June, 2021. Therefore, he would need an extension to cover the period before he can apply for an ILR( 3rd August,2021)
I have read a lot of threads on varying applications and I think it's quite workable to vary his Tier 2 application to an ILR.

My plan is this:
Apply for Tier 2 extension: 21 June, 2021
Book biometrics appointment: 02 August, 2021
Vary application to ILR: 03 August, 2021 (Father applies for ILR on the same date)
Book next available biometrics slots for ILR for both of them.

I know it sounds like a straightforward enough plan but I had never heard about varying applications until I read about it on this forum and just wanted reassurance that my plan is a reasonable one. Any other suggestions would be appreciated 🙏

Many thanks for the great work you guys do.

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Advice on varying application into ILR

Post by CULLINAN » Sun Jan 03, 2021 1:20 pm

Yes you can do that. Your understanding is fine.

Once you start the SET(O) for your child it will ask if he has any pending applications. Mention the extension details there. Also add a cover letter explaining that you are varying the application and the father has applied for ILR also.

The extension fees and IHS will be refunded for the child.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Joba
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Posts: 15
Joined: Sun May 03, 2020 2:19 pm
United Kingdom

Re: Advice on varying application into ILR

Post by Joba » Sun Jan 03, 2021 1:36 pm

Thank you so much for the prompt response, CULLINAN. Duly noted. God bless.

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Advice on varying application into ILR

Post by CULLINAN » Sun Jan 03, 2021 1:43 pm

Joba wrote:
Sun Jan 03, 2021 1:36 pm
Thank you so much for the prompt response, CULLINAN. Duly noted. God bless.
As you already know, make sure you submit biometrics for the extension application first and then vary to ILR next day as you planned. I wanted to reiterate the importance to submit biometrics for extension to make the application valid before you vary it. Vary the application to ILR right after 12 AM GMT (1AM BST) (so will be next day - UKVCAS follows GMT) to minimise the possibility of a decision made for extension application. Father should apply same day also.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Joba
Newly Registered
Posts: 15
Joined: Sun May 03, 2020 2:19 pm
United Kingdom

Re: Advice on varying application into ILR

Post by Joba » Sun Jan 03, 2021 2:05 pm

Definitely. Would follow your advice. Set an alarm just in case :D
Thanks again

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