Confused re. section 3c,3d of Immigration Act.Please advice

[boldboy88]

Please refer:
http://www.ukba.homeoffice.gov.uk/visas ... -priority/

[boldboy88]

Hello,
Before I vary my Tier 1 (Entrepreneur) application to Tier 2, I received Refusal of my Tier 1 application!!
I have a right to appeal.
However, I wanted to get Tier 2 anyway as my circumstances have changed and my employer is ready to sponsor me.

I'm having a hard time thinking what to do,, PLEASE HELP!!

[rbk1597]

Hello,
Before I vary my Tier 1 (Entrepreneur) application to Tier 2, I received Refusal of my Tier 1 application!!
I have a right to appeal.
However, I wanted to get Tier 2 anyway as my circumstances have changed and my employer is ready to sponsor me.

I'm having a hard time thinking what to do,, PLEASE HELP!!

appeal and then send in a new Tier 2 application.

[manci]

Applications cannot be made while an appeal is pending.

Once the 10 day appeal period of the T1 application has passed, but within 28 days of the T1 refusal, you can submit a T2 application. However, have it checked thoroughly because you will not have the right to appeal the T2 application if it is refused for whatever reason.

[fannofler]

Hi guys,

I have a query regarding varying my wife's application.
We have applied last week for her PBS dependent extension as she has not been in the UK for 2 yrs to be eligible for ILR.
I recently got ILR on 5 yr basis.
Now, i want to vary her PBS dependent application on 22 dec when she becomes eligible for ILR and send SET(o) form.
Question

1) I ll include a cover letter explaining the situation and reason for varying but do i still have to complete the payment details on the SET(O)

2)There should be a refund of fee as PBS dep fee is £1545 (already paid) minus ILR SET (O) fee £1051 = £494 How will this work-do i ask for the refund in the cover letter itself or wait till the application is decided.

Anyone had any similar experience with varying an application and can help me with my questions would be great.
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Applications cannot be made while an appeal is pending.

Once the 10 day appeal period of the T1 application has passed, but within 28 days of the T1 refusal, you can submit a T2 application. However, have it checked thoroughly because you will not have the right to appeal the T2 application if it is refused for whatever reason.

[fannofler]

Hi Everyone - is any one able to clarify my queries please.

***

I have a query regarding varying my wife's application.
We have applied last week for her PBS dependent extension as she has not been in the UK for 2 yrs to be eligible for ILR.
I recently got ILR on 5 yr basis.
Now, i want to vary her PBS dependent application on 22 dec when she becomes eligible for ILR and send SET(o) form.
Question

1) I ll include a cover letter explaining the situation and reason for varying but do i still have to complete the payment details on the SET(O)

2)There should be a refund of fee as PBS dep fee is £1545 (already paid) minus ILR SET (O) fee £1051 = £494 How will this work-do i ask for the refund in the cover letter itself or wait till the application is decided.

Anyone had any similar experience with varying an application and can help me with my questions would be great.

The normal form.

[Obie]

You would have to hope that a decision is not made before December 22, if it is, then you will have to make a new application. But has things stand, I am not sure UKBA can refused processing fee. You can vary and add the difference, but I doubt that one can vary and askfor refund, when an application will be in the processing stage, pending a decision .

[fannofler]

Thanks Obie.

I guess I am just trying to understand the varying process.

Do I have to complete the payment details on the SET (O) form when varying as we have already paid the fee for PBS dependent which is more than the ILR SET O fee. We can pursue the refund once the decision is made.

You would have to hope that a decision is not made before December 22, if it is, then you will have to make a new application. But has things stand, I am not sure UKBA can refused processing fee. You can vary and add the difference, but I doubt that one can vary and askfor refund, when an application will be in the processing stage, pending a decision .

[fannofler]

Can someone please respond to my query whether one has to complete the payment details on the form which i am varying on even though no additional payment is required?

Thanks Obie.

I guess I am just trying to understand the varying process.

Do I have to complete the payment details on the SET (O) form when varying as we have already paid the fee for PBS dependent which is more than the ILR SET O fee. We can pursue the refund once the decision is made.

You would have to hope that a decision is not made before December 22, if it is, then you will have to make a new application. But has things stand, I am not sure UKBA can refused processing fee. You can vary and add the difference, but I doubt that one can vary and askfor refund, when an application will be in the processing stage, pending a decision .

[londonboi12]

So when we vary the applications ... do we have to inform on the address of previous application ? if the new application address is different ?

[Zee ali]

So when we vary the applications ... do we have to inform on the address of previous application ? if the new application address is different ?

No

with new application form attach a covering letter and explain them that u want to vary this application better to give last application ref number.

when they enter your details is their system they will know from CID that u have a pending application.