Urgent help needed: Varying Tier 2 dependent to ILR

[tsdgy]

Hello,
I’m in need of urgent advice on my situation mentioned below please as It’s matter of immediate action to retain my rights to stay in the UK.

1. Awaiting ILR decision of main applicant - Between May to Sept 2020 - Submitted Tier 2 main application (my wife) for ILR, uploaded docs and biometric through IDV app - no issues here.

2. May 2020- Submitted Tier 2 dependent extension (for myself)
3. Sept 2020 - Got an email to use IDV app - didn’t submit biometrics as I could apply for ILR in October.
4. Sept 28th 2020 - Submitted set(o) ILR via PBS dependent route - 5 years and attached cover letter to vary previous application for PBS extension.
5. Nov 10th 2020 - got a final reminder to submit biometric via IDV for PBS extension within 5 days otherwise UKVI will reject my application.

My questions:
1. How can I reach to HO to convey about varying to ILR?
2. Should I cancel or withdraw my old application for PBS dependent extension?
3. What if I don’t respond to final reminder? Will it affect my ILR eligibility or right to stay in the UK while my ILR application is in progress?

Kindly help asap. Many thanks in advance!

Kind Regards,
Satish

[CULLINAN]

Note: You should have submitted biometrics for your PBS extension application to make your application VALID before you varied it to ILR.

When you varied your application to ILR, did you add a cover letter and answer the question as asked by the online form: “Do you have any pending applications with HO?” accurately?? If you did, the process would be automatic.

I would urge you to submit biometrics for PBS extension application as soon as possible otherwise your PBS extension application could be invalid in the first place. You can only vary a VALID application.

[tsdgy]

“Do you have any pending applications with HO?” - I did answer as ‘yes’ and provided cover letter with my ILR application. Also I’ve submitted my biometrics through face 2 face appointment for ILR application. Not heard from UKVI anything after that.

If I submit my biometrics now via IDV as per the email I received then will The PBS extension be varied and my fees will be refunded?

Thanks a lot for timely response! Much appreciated

Kind regards
Satish

[CULLINAN]

Biometrics
You must not accept an application as valid if the applicant has not provided their biometric information and none of the exceptions apply. The requirement to provide biometrics and the exceptions are included in the Immigration (Biometric Registration) Regulations 2008.

https://assets.publishing.service.gov.u ... .0-ext.pdf

So far, as you have not provided biometrics for PBS extension application, your PBS extension is not valid. It can not be varied to ILR. You could end up in trouble if you do not have a valid leave either and it is rejected as invalid.

You must submit biometrics for PBS extension. Yes you should get PBS extension fees and IHS refund after your varied ILR application is successful.

[tsdgy]

Thank you so much for your advice. I’ll submit my biometrics today only so my application becomes valid.

I’m thankful to you for right advice.

Best regards,
Satish

[tsdgy]

Hi,

I’ve submitted biometrics for PBS extension and attached a cover letter to request varying to ILR. Provided all the application references required.

As I have given biometrics for ILR application through appointment before I gave biometrics via IDV for PBS extension. Would both the applications be considered valid please? I’m a bit worried if I’ve done anything wrong in the sequence of biometrics submission?

Thanks in advance for your help!

[CULLINAN]

Hi,

I’ve submitted biometrics for PBS extension and attached a cover letter to request varying to ILR. Provided all the application references required.

As I have given biometrics for ILR application through appointment before I gave biometrics via IDV for PBS extension. Would both the applications be considered valid please? I’m a bit worried if I’ve done anything wrong in the sequence of biometrics submission?

Thanks in advance for your help!

As long you varied your valid PBS extension to ILR, it should be varied. There have been instances where HO ignores that a variation was done and makes a decision on the first application in error. However, if that happens you will have to make a complaint and HO will resolve that eventually. But hope so, the variation is done automatically.

Please keep us all posted with any update.