Extension and ILR (LR)

[Suggestme]

I am very sorry to be repetitive if I missed previous discussion related with my situation in this forum.
I have applied for Tier 1 Entrepreneur extension on 7th of September 2016 along with my wife, Biometric done on 17th of Sept. As normal with other people I didn’t received anything since then.
I am eligible to apply for ILR long Residency on mid-August 2017. I have some queries possibly I may come up with in future. All the respected members comment will be highly appreciated.

If my Tier 1 Application is rejected before my application to ILR long Residency what will be the best solution?

Are there any specific rules regarding varying application and procedure under immigration law or rules?

What will be the best way to obtain my wife’s FLR (M) after my variation of application of Tier 1 to ILR (LR)?

[gt23]

Hi

Did you have interview or did you recieve complex issue letter?

Thanks

[zimba]

If my Tier 1 Application is rejected before my application to ILR long Residency what will be the best solution?

Depends. You probably have no option but to apply again for extension if your are not eligible for ILR

Are there any specific rules regarding varying application and procedure under immigration law or rules?

Yes. See: https://www.gov.uk/government/uploads/s ... n-v1.0.pdf

What will be the best way to obtain my wife’s FLR (M) after my variation of application of Tier 1 to ILR (LR)?

You must apply for her FLR(M) along with your ILR

[gt23]

Hi zimba

I am in the same situation.

My 10 year ILR is due in September. I have had no reply yet for my extension yet. Applied in Jan 2017. No complex letter, no interview.

My question is if my visa gets rejected before i qualify for ILR, can i apply for fresh application again and vary it to ILR in september? Or I am not allowed to vary on 2nd application?


Thanks

[zimba]

My question is if my visa gets rejected before i qualify for ILR, can i apply for fresh application again and vary it to ILR in september? Or I am not allowed to vary on 2nd application?

You will not be eligible to apply under SET(LR) when you do not have 10 years of lawful stay in the UK.
When you apply for your second application, your section 3C ends, this means time spent waiting will NOT count towards the 10 years legal stay (as you will be overstaying) UNLESS your second application is successful. That is the only way in which the rules allow you to count that overstaying period as lawful stay in the UK.

[starfashion]

you Can apply for AR and if AR refuse then your 3C Leave and 14 days after AR.
You Can apply for Second Application for Extension and try to Spend some time in Biometric and payment and then you can Vary to ILR. This way you can save some time between AR refusal and ILR Application.
Technically your ILR Application start day is when your 3C Leave end. And you varying Application when your 10 Years Finish.

[amnaali03]

My question is if my visa gets rejected before i qualify for ILR, can i apply for fresh application again and vary it to ILR in september? Or I am not allowed to vary on 2nd application?

You will not be eligible to apply under SET(LR) when you do not have 10 years of lawful stay in the UK.
When you apply for your second application, your section 3C ends, this means time spent waiting will NOT count towards the 10 years legal stay (as you will be overstaying) UNLESS your second application is successful. That is the only way in which the rules allow you to count that overstaying period as lawful stay in the UK.

Hi Zimba,
Sorry for jumping into the discussion.

As you said that, if extension application and AR is refused, then section 3C ends and time spent will not count towards 10 year legal stay, unless second extension application is successful. But if the second application is still in process and we reach 10 year stay, then what will be the situation? Still we have to wait for the second application to be successful or we can vary the second application and can apply for ILR on 10 year long residency base?

I shall be really thankful for your valuable views.

Regards

[zimba]

My answer above covered it. You do NOT end up with 10 year legal stay if you are an overstayer.
If you are covered under section 3C (e.g you have made ANY in-time application) you CAN vary it to SET(LR) when your 10 year is up.
However if you are an overstayer you MUST wait for the new application to succeed first as the time spent waiting does NOT count towards the legal 10 years. When you become an overstayer the 10 year lawful stay clock STOPS, It is quite simple