Vary Tier 2 general dependent extension to ILR application

[tier2gtoilr2021]

Hi All,

I have a question while filling ILR application to vary my dependent extension application. Can anyone clarify the below question please?

Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?

Yes

Provide the reference number for this other application

Where can I find the reference number? Is this 16 digit UAN number on the extension application?

I am providing 4 UAN numbers for my spouse and 3 kids as shown in the extension application
16 digit number/01
16 digit number/02
16 digit number/03
16 digit number/04

Quick response would be highly appreciated

Thanks in advance

[zimba]

Yes it is the UAN number

[tier2gtoilr2021]

Thanks for the confirmation. Much appreciated.

[tier2gtoilr2021]

Hi,

My wife’s immigration details (Tier 2 dependent- 5 year route) as follows
Visa start date : 27.07.2016
Date of arrival to UK : 29.07.2016
Recent tier 2 visa : 01.03.2021 (expired)
Tier 2 visa extension applied : 28.02.2021
Biometric appointment : Not booked yet (planning for 29/04/2021)
She has got the NARIC certificate and Life in the UK test been done.
I think she is eligible to apply for ILR from 30.06.2021.

Planning to vary her application on 30/04/2021 after biometrics 29/04/2021 and book biometric appointment for ILR on 30/06/2021 when she becomes eligible for ILR considering the 28 days qualifying period from 27/07/2021.

An applicant submits application A in time. They then submit application B before application A has been decided, but after the applicant’s leave has expired when the applicant transitioned to 3C leave.

As the applicant transitioned to 3C leave and a decision has not yet been made on application A, application B is automatically considered as a variation of application A. The date of application is the date application A was submitted.

I am just worried for the above statement from the HO document. In her case, application A date was 28/02/2021. Does it break the continuous residence or am I not understanding the guidance correctly?

Please advise me. Thank you very much.

[zimba]

This is just a technicality that should not bother you. If you vary a pending application, the new application date will be assumed to be the same as the original pending application. As per the immigration act 1971 a new application cannot be made while you are under Section 3C UNLESS the new application is simply a variation of an undecide/pending application for leave to remain. As a variation of leave simply amends the conditions of a previously made application, its original date should not change

Her section 3C continues and her time spent under Section 3C is considered lawful residence regardless

[tier2gtoilr2021]

Thanks for the confirmation.

So I can go ahead with varying her application as mentioned the above dates.

Thanks again

[tier2gtoilr2021]

Hello,

I got confused again while reading variation guidance document. Can anyone clarify the following statement from the variation guidance document please?

" This section explains how a variation application is to be treated while leave is extended by section 3C of the Immigration ACT 1971.

A variation application can seek to vary the:

Length of time for which the person is permitted to remain in the UK
The condition attached to the above
The purpose for which the person is permitted to remain in the UK

While the person's leave is extended by section 3C they cannot make a new application for variation of leave. This is because section 3C (4) states:

A person may not make an application for variation of his leave to enter or remain in the UK while that leave is extended by this section.


By reading the highlighted statement I am questioning myself whether I am allowed to vary this extension application to ILR application or not?

I am just worried if anything goes wrong I may lose both visa extension and ILR cost and will their visa clock reset to "0".

Can anyone clarify the above and share their experience please? This will help me to take a decision whether I can vary or continue with the extension application.

Thanks in advance.

[vinny]

Yes. You may vary an undecided application under 3C(5)

But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).

[tier2gtoilr2021]

Thanks Vinay. Much appreciated.

I will proceed with varying this tier 2 dependent extension to ILR application based on the following assumptions.

My wife’s immigration details (Tier 2 dependent- 5 year route) as follows
Visa start date : 27.07.2016 (arrived in the UK : 29.07.2016)
Tier 2 visa extension applied : 28.02.2021 (one day before the expiry date : 01.03.2021)
Biometric appointment : Not booked yet (planning for 30/04/2021 as the last date for submission)
Eligible to apply for ILR from 28.06.2021 (considering 28 days before the visa start date : 27.07.2016)

Planning to vary her application on 01/05/2021 after biometrics 30/04/2021 and book biometric appointment for ILR on 30/06/2021 when she becomes eligible for ILR considering the 28 days qualifying period from 27/07/2021.

Hoping the above calculations will work and please let me know if there are any hidden shortfall which I am not aware.

Thanks again.

[CULLINAN]

You might end up in the same situation as @moal11. But if you do raise a complaint and fight back.

indefinite-leave-to-remain/gap-period-b ... 09404.html

[tier2gtoilr2021]

Thanks Cullinan. Much appreciated.

Lets try my best and luck.

[CULLINAN]

Thanks Cullinan. Much appreciated.

Lets try my best and luck.

Just apply ILR right next day after extension biometrics @1AM BST (not 12AM BST - UKVI/UKVCAS follow GMT) (so even if a decision is made on extension thereafter) you have grounds to fight back.

Also provide extension biometrics with 2/3 days margin before deadline (not the last day) to be on the safer side (in case any technical issues on the day) as long the second ILR biometrics deadline takes you past ILR eligibility.

[CULLINAN]

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