Varying Visa and Home office decision

[MMARCUS]

Hello, Can anyone please help with any advice that is much appreciated .
1- My Dependent Tier 2 visa expired on 18/12/2021 and I have submitted an application for extension on 16/12/2021 and attended an appointment on Tuesday 15/02/2022 for Biometrics
I have submitted ILR application and Varying my visa as I have completed 5 year route on 13/02/2022 (Before attending the biometric for Tier 2 extension ) .My Biometric appointment for ILR is next week .
Basically , there was only 45 days GAP for applying for ILR that is why I extended my Tier 2 visa application in order not to overstay and varied my visa once I reached the qualifying period.
I have provided a cover letter to Home office explaining that I have varied my Visa to ILR .
Suddenly , The home office has replied today to grant me Tier 2 visa extension for 3 Years !! Although I clearly explained them that I varied my visa to ILR and it is mentioned when I submitted the application that once you apply for the visa that will vary any previous visa waiting for a decision from the home office.

My Question is , How can I contact make a complaint to the home office please for not issuing a refund for My Tier 2 visa extension and replying too early (within 2 working days without using any priority service!! ) on Extension of my TIER 2 visa although they have another application that was submitted (ILR application) before
That costed my too much nearly £5600 ( for both applications ) !!!

Many thanks in advance

[manci]

When you started the SET(O) application, there was a question whether you have a pending application. Have you answered YES to this question?

[MMARCUS]

Yes I did and enterd the unique application reference number for Tier 2 extension visa that I submitted in DEC.
It was clearly mentioned that will vary any pending visa awaiting decision for Home office . But they replied to the extension visa very quickly (just today and granted 3 years ) !!! Although i clearly mentioned to them that I have varied the visa for ILR and submitted and paid it before the biometric appointment of the Extension Tier 2 visa!!
Do you know please how to make a complaint ?

[manci]

Please refer to https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

If your application was granted but you’re unhappy with the amount or conditions of your leave, you must email the Home Office within 14 days of getting your biometric residence permit.

Home Office
admin.review.enquiries@homeoffice.gov.uk

Set out the facts and the chronology concisely. Explain that you have been attempting to vary an application (not a visa) before a decision has been made on it.

If the HO accept your contention the fee on the first (PBS dependant) application will be refunded.

By way of explanation, the 3 year permission you were granted would be appropriate for a PBS dependant extension if your partner obtained ILR on the 5 year Tier 2 / Skilled Worker route

[MMARCUS]

Thank you so much for replying my dear
Yes I have varied the application not the visa . They should have refunded me the application fees and IHS surcharge and consider my ILR application that I submitted last week before my appointment for Biometrics for Tier 2 visa extension and booked for ILR Biometric appointment next week . In addition, I have submitted to them a cover letter at my Tier 2 visa extension that clearly explains the case. But looks like they either ignored it or did that intentionally!!
I am NHS worker and unfair to pay £5600 for 2 applications without any refund.

For Administration review , Do you I have to pay extra fees ? And how long will it take
Is there any email fo Home office r complaints that I can use please ?
By the way , my husband granted ILR in Nov2018 and he is a British citizen now but I am on 5 year route .


Kindest regards

[manci]

I have submitted to them a cover letter at my Tier 2 visa extension that clearly explains the case.

was this cover letter not uploaded with your second (ILR ) application?

For Administration review , Do you I have to pay extra fees ?

Is there any email fo Home office r complaints that I can use please ?

Complaints to the HO take a long time to resolve.

Initially just send the email I suggested in my previous post. If the HO accept that you are entitled to an AR you'll have to fill in a form and pay £80.

[MMARCUS]

The cover letter was uploaded to Tier 2 Extension visa at UKVCAS Website .
I will upload it for ILR application as well on UKVCAS website as the appointment will be next week .
It seems like they have either ignored it or did that intentionally for no reason . That is really frustarting as I have paid for 2 applications and it should be only one application to be considered (The latest one -ILR one as it varies the previous one )
Kind regards

[manci]

The cover letter was uploaded to Tier 2 Extension visa at UKVCAS Website

What did the cover letter contain? You couldn't have asked for a variation at the time you submitted the extension application because that was the only application you had at the time. The cover letter, if any, should have been submitted with the later SET(O) application but it wasn't strictly speaking necessary if in the SET(O) application you indicated that you had an another application pending and gave its reference No.

Have you emailed the HO yet? (see my earlier post)

[MMARCUS]

The cover letter that I submitted to HO with the extension of Dependent skilled worker visa , mentioning that I have varied the application and I provided to them the Unique Application Reference Number for ILR SET O Application and asking them to consider only the ILR one based on the varying of the application and informed them of the Biometrics appointment for my ILR .

My ground is , it is CLEARLY mentioned in the ILR Application the following :
"If you have submitted any other applications to the Home Office which have not yet been decided then submitting this application varies those previous applications. This means that only this application, which you are now completing, will now be considered"

I replied YES , and entered the Unique Application reference Number for Dependent Skilled worker extension

Yes I have sent them an email but they said it may take at least 5 weeks to reply !!!
How come to reply super quickly and grant me 3 Years extension that was not needed and ignoring the varying of the application

Really very disappointed from their unfair decision and paying all of these fees

[MMARCUS]

Hello ,
My apology for bothering again .
Is there any phone number to call HO ?
What happened is a clear mistake from them

Kind regards

[ywlgy]

Hello ,
My apology for bothering again .
Is there any phone number to call HO ?
What happened is a clear mistake from them

Kind regards

No You need to follow the correct channel mentioned above to ask for an administrative review.