what if KOLL failed but visa expired ?

[n8net]

hello,

just want to get your opinion on my sitution. I will be applying for ILR on the same day as my Tier 1 (G) visa is due to expire.

but hv left the KOLL test too late and could only find a slot prior to one week before I am due to apply for ILR.

given I hv to wait 7 days before re-sitting , what happens if I fail the test as then I wud nt hv time to re-sit again before my current visa
expires.


any idea ? thanks

[Manka10]

Apply for an extension or apply ILR by post and send LITUK test result later

[Obie]

I will suggest application for extension by post and Vary to ILR, once exam is passed.

New evidence may not be accepted.

[n8net]

thanks guys...but

a) am I allowed to extend Tier 1 (G) given I have already had 5 yrs in that.


b) if i make the application and vary , do I hv to pay the fee for ILR again as well ?


thanks

[vinny]

a) Yes, if the extension application is made prior to 6 April 2015.

b) you may have to pay the difference in fees, depending on which application costs more.

[n8net]

Hi Vinny,

Thanks for the reply..

a ) are you aware of any such cases just to be sure ? because the link you hv given does not categorically state that more than 5 yrs is possible on Tier 1 (G)

2 ) So, I take the the first application has to be valid for it to be varied later and the variance should be done before a decison is reached on the first application ?
2a) if decision is made on the Tier 1(G) and I hv not varied, can I re-apply later for ILR given my visa has expired ?

2b) I f so, I beleive I should be ok If I apply within 28 days of visa expiry ? or 28 days from the date when decision is made ?

Thanks

[vinny]

a) Does it say more than 5 years is prohibited?
2) Yes.
2a) Depends on decision.
2b) Maybe ok.

Preferably, you would want to make an application prior to expiry of leave or vary an application before a decision, to preserve your rights of appeal.

[n8net]

Hi Vinny,

Thanks again..I am also aware that new evidence are not accepted.

so, presumably you can submit new evidence when varying because you are making a new application ?

so, if I understand this correctly, when I make an application (could be anything) that extends my Visa
and hv all the rights as when I hv a valid visa before a deciison is made ? what that rule is called - section c or something right ?

and how do I make sure my rights are preserved when varying the application ?

thanks

[n8net]

any update any one ?