Variation of Leave

[RAJ2007]

Hello,

If a student has applied for student visa extension and the application is with the Home Office. (i.e. leave under sec 3c). In the meantime the student completes the degree and got the award and wants to apply for the PSW (Post Study Work -Tier1) visa.

Could you please suggest what that student needs to do in order to vary his/her original appli cation?

I am referring to the section from the Immigration Directorates' Instructions mentioned below:
Sep/06 IMMIGRATION DIRECTORATES' INSTRUCTIONS

SECTION CONTENTS

CHAPTER 1 SECTION 5

SECTIONS 3C AND 3D OF THE IMMIGRATION ACT 1971 (AS AMENDED)

While either section 3C or 3D leave is in force, the applicant is not entitled to makeany more applications for variation of leave to enter or remain. So even someonewho marries after making an application to remain as a student cannot, while theyhave leave under section 3C, make a fresh application on the basis of the marriage. On the other hand, it is possible to vary the grounds of an application already made, even by introducing something completely new. A student application can be varied so as to include marriage grounds. If an application is varied before a decision is made, the applicant will be required to complete the necessary prescribed form to vary his application.

Please advice.

[ben_scaro]

It's quite complex.

Yes, you need to make a variation.

HO instructions state that a variation may in fact look exactly like a new application. You can imagine this for example where someone is waiting for the HO's wheels to turn and they become eligible due to long residence, for example. They have another ground for their application and a whole other bunch of documents to submit.

If there is another form specified, for the type of variation you wish to make, you should use that form.

In other cases, for example if you applied for discretionary leave to remain using SET(O) and you became eligible under ten years long residence, you would send in a variation, but because long residence also uses the SET(O) form, you would not send in another SET(O), as it confuses them and they may well treat it as a new application and ask you for another fee.

I hope this helps.

Ben

[RAJ2007]

Has anyone made second application while first application is with HO undecided under sec 3c of the Immigration Act? Also, whether application was successfull?

Please someone advice urgently.

[coolgeeser]

Has anyone made second application while first application is with HO undecided under sec 3c of the Immigration Act? Also, whether application was successfull?

Please someone advice urgently.

I think u have to make sure that the applicant has a valid leave to remain in the UK before they can make any application for variation of leave, even if there is another applicaiton pending with the home office. But I may be wrong!!

[vinny]

See also update.

[mabsa]

My friend asked the question regarding variation of outstanding application. following is the answer given by HO.

Dear Sir/Madam,

Thank you for your enquiry.

Please be advised that you should not have two applications submitted to UKBA at the same time as this will slow down your applications.
The correct procedure is for you to pick one application to continue with and allow that to be completed. You can either leave your FLR(O) to be completed or withdraw this application and submit the SET(O) application. However if you choose to do this you will loose the fee paid with the FLR(O) application form.

I hope that this is of some assistance to you.

Yours faithfully,
XYZ
Immigration Group

[RAJ2007]

My friend asked the question regarding variation of outstanding application. following is the answer given by HO.

Hello,
>
> If a student has applied for student visa extension and the application is with the Home Office. (i.e. leave under sec 3c). In the meantime the student completes the degree and got the award and wants to apply for the PSW (Post Study Work -Tier1) visa. Could you please suggest what that student needs to do in order to vary his/her original appli cation?
>
> I am referring to the section from the Immigration Directorates' Instructions mentioned below:
> Sep/06 IMMIGRATION DIRECTORATES' INSTRUCTIONS
>
>
> SECTION CONTENTS
>
> CHAPTER 1 SECTION 5
>
> SECTIONS 3C AND 3D OF THE IMMIGRATION ACT 1971 (AS AMENDED)
>
> While either section 3C or 3D leave is in force, the applicant is not entitled to makeany more applications for variation of leave to enter or remain. So even someonewho marries after making an application to remain as a student cannot, while theyhave leave under section 3C, make a fresh application on the basis of the marriage. On the other hand, it is possible to vary the grounds of an application already made, even by introducing something completely new. A student application can be varied so as to include marriage grounds. If an application is varied before a decision is made, the applicant will be required to complete the necessary prescribed form to vary his application.
>
> Please advice.
>
> Sincere regards,
>
xxxxx

-----------------------------------
Dear Sir/Madam,
>
> Thank you for your enquiry.
>
> Please note that you will need to submit the Post Study Work application form with all the required document and the relevant fee, also include a covering letter explaining your situation.
>
> Yours faithfully,
>
>xxxxxxxxxxx
>
> Immigration Group
>
> UK Border Agency

[mgomezp]

My friend asked the question regarding variation of outstanding application. following is the answer given by HO.

Hello,
>
> If a student has applied for student visa extension and the application is with the Home Office. (i.e. leave under sec 3c). In the meantime the student completes the degree and got the award and wants to apply for the PSW (Post Study Work -Tier1) visa. Could you please suggest what that student needs to do in order to vary his/her original appli cation?
>
> I am referring to the section from the Immigration Directorates' Instructions mentioned below:
> Sep/06 IMMIGRATION DIRECTORATES' INSTRUCTIONS
>
>
> SECTION CONTENTS
>
> CHAPTER 1 SECTION 5
>
> SECTIONS 3C AND 3D OF THE IMMIGRATION ACT 1971 (AS AMENDED)
>
> While either section 3C or 3D leave is in force, the applicant is not entitled to makeany more applications for variation of leave to enter or remain. So even someonewho marries after making an application to remain as a student cannot, while theyhave leave under section 3C, make a fresh application on the basis of the marriage. On the other hand, it is possible to vary the grounds of an application already made, even by introducing something completely new. A student application can be varied so as to include marriage grounds. If an application is varied before a decision is made, the applicant will be required to complete the necessary prescribed form to vary his application.
>
> Please advice.
>
> Sincere regards,
>
xxxxx

-----------------------------------
Dear Sir/Madam,
>
> Thank you for your enquiry.
>
> Please note that you will need to submit the Post Study Work application form with all the required document and the relevant fee, also include a covering letter explaining your situation.
>
> Yours faithfully,
>
>xxxxxxxxxxx
>
> Immigration Group
>
> UK Border Agency

Hi Guys

anybody knows if the case mentioned above was succesful? I need to do the same

Cheers

MGP