Varying an application

[fannofler]

Hi
Has anyone here recently varied theirt application with UKBA successfully.
I am looking to vary PBS Dependent to ILR Set (O) and have a couple of doubts.

1. Do we have to complete the payment details on the Set (O) form as there is no additional fee to pay as the PBS dependent fee is more that SET (O)

2. I spoke with UKBA customer service they mentioned to write a letter to caseworker first ask them to vary and based upon their response then send the SET(O) form and the relevant documents. Is that the case?

[Ayyubi72]

UKBA customer service must never be contacted to obtain this kind of information. The people you talk to haven't got the faintest of idea about immigration rules and procedure. They are not competent enough to even tell you about the correct form to be used for an application.

You do not need to write to a caseworker or anything and wait for a response.

I have found the following info on the UKBA website regarding varying an application.

An applicant can vary an application at any time before a decision is made on it. They can
do this if they want to be considered for a grant of leave on a different basis to their initial
application.

If the applicant wishes to vary their leave for a purpose where a specified application form is
required, they must complete the new form and meet all the requirements of paragraph 34A
of the Immigration Rules, for the variation to be valid.

For more information on these requirements, see related link: Specified requirements.

A person who varies their application does not have to pay an additional fee unless the new
ground they want to be considered under has a higher fee than their original application. In
this case, they must pay the difference between the original fee and the new higher fee.

This means a valid variation will look like a new application. You must check CID to see if an
earlier application exists. This will tell you whether the specified form is a variation of an
existing application.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[fannofler]

thanks Ayyubi72.

I had gone thru the UKBA annexure regarding varying but still was nt sure if they'll process the application form if i leave the payment details blank.

UKBA customer service must never be contacted to obtain this kind of information. The people you talk to haven't got the faintest of idea about immigration rules and procedure. They are not competent enough to even tell you about the correct form to be used for an application.

You do not need to write to a caseworker or anything and wait for a response.

I have found the following info on the UKBA website regarding varying an application.

An applicant can vary an application at any time before a decision is made on it. They can
do this if they want to be considered for a grant of leave on a different basis to their initial
application.

If the applicant wishes to vary their leave for a purpose where a specified application form is
required, they must complete the new form and meet all the requirements of paragraph 34A
of the Immigration Rules, for the variation to be valid.

For more information on these requirements, see related link: Specified requirements.

A person who varies their application does not have to pay an additional fee unless the new
ground they want to be considered under has a higher fee than their original application. In
this case, they must pay the difference between the original fee and the new higher fee.

This means a valid variation will look like a new application. You must check CID to see if an
earlier application exists. This will tell you whether the specified form is a variation of an
existing application.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Ayyubi72]

You fill up payment details when a payment needs to be made for application. If no payment needs to be made, then why would you fill the payment details?

If you go shopping, you pay if you buy something, or do you just hand over money at the tills without buying anything?

[fannofler]

makes perfect sense but i heard conflicting stories so wanted to be sure.
cheers

You fill up payment details when a payment needs to be made for application. If no payment needs to be made, then why would you fill the payment details?

If you go shopping, you pay if you buy something, or do you just hand over money at the tills without buying anything?

[Ayyubi72]

It will be a good idea though that you submit a covering letter, and point out clearly, that you are submitting this application, to vary a previous application which was sent via recorded delivery number abc123 etc etc.

Just to ensure that a dumb payment processing guy doesn't think that you forgot to include payment.

[fannofler]

That I was planing to do, yes, thx
[
quote="Ayyubi72"]It will be a good idea though that you submit a covering letter, and point out clearly, that you are submitting this application, to vary a previous application which was sent via recorded delivery number abc123 etc etc.

Just to ensure that a dumb payment processing guy doesn't think that you forgot to include payment.[/quote]

[fannofler]

hi there
I have an update and question for anyone who may be able to help.

I varied my wife's PBS dependent to SET(O) on 23rd December - SET(O) sent and we received a letter from UKBA dated 31st December saying that the form and docs will be sent to the caseworker section to review and consider.
But, this afternoon we have received BRP for my wife with 2 yrs PBS dependent visa dated 6th January, no other letters or documents.

Does that mean they have not varied my application and will have to make a new application for ILR for her and pay the fee again or can I write to them and ask to consider the ILR for which they have all the paperwork.
The only reason we did was to save money in paying unnecessary and unreasonable fee for PBS dependent extension which was for a period of less than a month but it seems like they are taking the piss by ignoring the varying letter I have sent.

Anyone in similar situation/any ideas??

[Amber]

Might not have reached them in time. You can try writing and ask them to change it, but they'll likely ask you to apply separately for ILR. You should have telephoned them when you varied and asked them to put a note on the file.

[PrvSept15]

Hi,

I have a similar situation where I have applied for Tier-1 (General) extension and before I could even give my biometric details, I am eligible for ILR. Hence was looking at varying the application from Tier-1 (General) to SET(O) ILR application.

My Situation:
1) Initial Visa Start Date - 01 Jan 2009
2) First Entry into UK - 03 Apr 2009
3) Current Visa Expiry - 02 Feb 2014
4) Applied for Tier-1(General) Extension - 28 Jan 2014
5) Eligible for ILR from - 06 Mar 2014 (28 Days before 03 Apr 2014)

However, while I was looking at the immigration rules on the UKBA site
https://www.gov.uk/government/uploads/s ... edures.pdf

I found that varying the application is not valid any more if your current visa has expired and if you are currently on section 3C of the immigration act as below:

Section 3C(4) of the 1971 Act prevents the applicant from making a new application for a
variation of leave while they have 3C leave. This means if an applicant with 3C leave
submits a new application, you can automatically consider this to be invalid.

I was just wondering if my understanding is correct? Any comments seniors?
As I am very close to being eligilbe for ILR, please let me know if I can still vary my Tier-1(General) extension application to SET(O) ILR application.

[fannofler]

Just to update everyone I wrote a letter to HO and they have agreed to process my wife's ILR application, we had to return her passport and BRP back to them and they will also be refunding the difference in the application fee.
This is good considering some of the other stories I have read here, though I wold still be sceptical until the approval is received.

PrvSept1 - So I think you should send the ILR application as soon as you are eligible. you currently have valid visa as you made timely application to extend your tier 1

[jjb]

I just want to share my experience for varying the application.
There have been a lot of confusions to vary the application.
1. early February 2013: applied FLR
2. end April 2013: varied to ILR, topped up the fee difference
3. early June: FLR approved
4. contacted the HO and they advised me to send the BRP and the passport back
5. August: the HO refunded the fee difference and sent back all my documents
6. September: applied ILR with the new application
7. February 2014 approved

[vinny]

Did you mean varying the application failed?

[jjb]

Yes, I failed to vary the application.
I don't know why, even the application was dealt by the experienced solicitor.
The solicitor said we didn't do anything wrong so he wanted to do further action but I stopped doing this.

[PrvSept15]

Hi jjb,

Thanks for sharing your experience.
This was very helpful for me. Now I am more confused on what would happen if I vary my application as there are 3 possibilities for follows:

a) My varying application is NOT accepted and my Tier-1 (General) application is processed as normal.

b) My varying application is accepted, which would in-turn lead to withdrawal of my Tier-1 (General) application as in the below case and my ILR application being processed successfully
http://www.immigrationboards.com/indefi ... ng#p978429

c) Same as (b), but there are possibilities where the ILR case worker takes my ILR application as applied after my current visa expired (as the 1st application is withdrawn due to varying an no more eligible to claim section 3C).

So, If the last / 3rd possibility is true then I will not even have right to appeal and will be in deep trouble.

I think there is no single case on varying the application that has been granted in the first instance, but there are instances where applicants have appealed and got through.

To be very frank - I am very much confused now.

Thanks

[fannofler]

OK so we got the varying application for my wife's ILR approved, received the BRP and passport + Docs on earlier this month.
Also today received a cheque for the refund, as we paid for Tier 1 and then varied the application to ILR.
So all in all it worked well apart from the time it took but that was somewhat expected. we saved some money.

Thanks to everyone who helped us, the moderators and members.

Just to update everyone I wrote a letter to HO and they have agreed to process my wife's ILR application, we had to return her passport and BRP back to them and they will also be refunding the difference in the application fee.
This is good considering some of the other stories I have read here, though I wold still be sceptical until the approval is received.

PrvSept1 - So I think you should send the ILR application as soon as you are eligible. you currently have valid visa as you made timely application to extend your tier 1