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RAJ2007 wrote:Has anyone made second application while first application is with HO undecided under sec 3c of the Immigration Act? Also, whether application was successfull?
Please someone advice urgently.
RAJ2007 wrote:My friend asked the question regarding variation of outstanding application. following is the answer given by HO.
Hello,
>
> If a student has applied for student visa extension and the application is with the Home Office. (i.e. leave under sec 3c). In the meantime the student completes the degree and got the award and wants to apply for the PSW (Post Study Work -Tier1) visa. Could you please suggest what that student needs to do in order to vary his/her original appli cation?
>
> I am referring to the section from the Immigration Directorates' Instructions mentioned below:
> Sep/06 IMMIGRATION DIRECTORATES' INSTRUCTIONS
>
>
> SECTION CONTENTS
>
> CHAPTER 1 SECTION 5
>
> SECTIONS 3C AND 3D OF THE IMMIGRATION ACT 1971 (AS AMENDED)
>
> While either section 3C or 3D leave is in force, the applicant is not entitled to makeany more applications for variation of leave to enter or remain. So even someonewho marries after making an application to remain as a student cannot, while theyhave leave under section 3C, make a fresh application on the basis of the marriage. On the other hand, it is possible to vary the grounds of an application already made, even by introducing something completely new. A student application can be varied so as to include marriage grounds. If an application is varied before a decision is made, the applicant will be required to complete the necessary prescribed form to vary his application.
>
> Please advice.
>
> Sincere regards,
>
xxxxx
-----------------------------------
Dear Sir/Madam,
>
> Thank you for your enquiry.
>
> Please note that you will need to submit the Post Study Work application form with all the required document and the relevant fee, also include a covering letter explaining your situation.
>
> Yours faithfully,
>
>xxxxxxxxxxx
>
> Immigration Group
>
> UK Border Agency