T1E extension to ILR

[Charl1e]

Dear members, I applied my T1E extension before the expiry date in Feb 2020. Due to the Covid-19, my UKVCAS appointment was postponed. Now UKVCAS is requesting appointments to be rebooked.

I will meet my 10 year requirement for ILR on 20th July 2020. So I am wondering if I can book the appointment after 20th July, attend the appointment and then submit an application to alter my T1E extension to ILR?

The original for UKVCAS appointment was 45 working days after Visa application. What's the new deadline to rebook an appointment with UKVCAS?

Your kind reply is much appreciated.

[zimba]

Dear members, I applied my T1E extension before the expiry date in Feb 2020. Due to the Covid-19, my UKVCAS appointment was postponed. Now UKVCAS is requesting appointments to be rebooked.

I will meet my 10 year requirement for ILR on 20th July 2020. So I am wondering if I can book the appointment after 20th July, attend the appointment and then submit an application to alter my T1E extension to ILR?

The original for UKVCAS appointment was 45 working days after Visa application. What's the new deadline to rebook an appointment with UKVCAS?

Your kind reply is much appreciated.

There is no deadline

[Charl1e]

Dear members, I applied my T1E extension before the expiry date in Feb 2020. Due to the Covid-19, my UKVCAS appointment was postponed. Now UKVCAS is requesting appointments to be rebooked.

I will meet my 10 year requirement for ILR on 20th July 2020. So I am wondering if I can book the appointment after 20th July, attend the appointment and then submit an application to alter my T1E extension to ILR?

The original for UKVCAS appointment was 45 working days after Visa application. What's the new deadline to rebook an appointment with UKVCAS?

Your kind reply is much appreciated.

There is no deadline

Thanks for your reply Zimba. So I am safe to book the appointment after 20th July and alter the T1E extension to ILR then?

[zimba]

If you apply for ILR now you may be able to get an appointment for 20th July or later.

[Charl1e]

If you apply for ILR now you may be able to get an appointment for 20th July or later.

I will be completing the qualifying period of continuous 10 years on 17th August 2020. I think I can only apply for ILR 28 days before?

[zimba]

If you apply for ILR now you may be able to get an appointment for 20th July or later.

I will be completing the qualifying period of continuous 10 years on 17th August 2020. I think I can only apply for ILR 28 days before?

ILR will be granted if you are eligible on the day of the decision

[Charl1e]

If you apply for ILR now you may be able to get an appointment for 20th July or later.

I will be completing the qualifying period of continuous 10 years on 17th August 2020. I think I can only apply for ILR 28 days before?

ILR will be granted if you are eligible on the day of the decision

I read this from Home Office guidance: "You must not accept an application as valid if the applicant has not provided their biometric information and none of the exceptions apply. "

If I apply for ILR now, my T1E extension will not be valid, and I will be over stay?

Also If the ILR application were submitted earlier than 28 days before completing the qualifying period of continuous 10 years, will the case work take it as invalid?

[zimba]

No as your ILR application will be a variation of the previous application. Applying early does not make an application invalid

[Charl1e]

Hi Zimba, I read it from your previous post. It says you can only vary a valid application. When Biometrics are not enrolled, then that previous application will be considered invalid .

indefinite-leave-to-remain/urgent-reply ... l#p1826242

My biometrics hasn't been enrolled yet for the T1E extension application. Do I need to book an appointment to enrol my biometrics first and then vary my T1E extension application to ILR? If so, do I need to book second UKVCAS appointment to enrol my biomectrics & submit documents for ILR?

[zimba]

Hi Zimba, I read it from your previous post. It says you can only vary a valid application. When Biometrics are not enrolled, then that previous application will be considered invalid .

indefinite-leave-to-remain/urgent-reply ... l#p1826242

My biometrics hasn't been enrolled yet for the T1E extension application. Do I need to book an appointment to enrol my biometrics first and then vary my T1E extension application to ILR? If so, do I need to book second UKVCAS appointment to enrol my biomectrics & submit documents for ILR?

If you follow the discussion, I was erring on the side of caution back then. Technically an application only becomes invalid if you refuse to enrol your biometrics when asked and UKVI has to return it to you as invalid. I believe in the current circumstances and issues with appointments, applying for ILR directly is advisable and more appropriate given that UKVI is not going to enforce the 45 days limit between submission and biometrics.

[Charl1e]

Hi Zimba, I read it from your previous post. It says you can only vary a valid application. When Biometrics are not enrolled, then that previous application will be considered invalid .

https://www.immigrationboards.com/indef ... l#p1826242

My biometrics hasn't been enrolled yet for the T1E extension application. Do I need to book an appointment to enrol my biometrics first and then vary my T1E extension application to ILR? If so, do I need to book second UKVCAS appointment to enrol my biomectrics & submit documents for ILR?

If you follow the discussion, I was erring on the side of caution back then. Technically an application only becomes invalid if you refuse to enrol your biometrics when asked and UKVI has to return it to you as invalid. I believe in the current circumstances and issues with appointments, applying for ILR directly is advisable and more appropriate given that UKVI is not going to enforce the 45 days limit between submission and biometrics.

Dear Zimba and other members, I called UKVI today about varying T1E extension to ILR. The staff said I can't vary the extension to ILR because the application time for the varied ILR application would be the time of previous application. I hadn't completed my 10 years at that time. So my ILR application will be refused. Is that correct?

[Charl1e]

Also the staff advised I should wait for the T1E extension approved and then apply for 10 years ILR. My family would stay on T1E dependant and apply for ILR once they qualify via T1E dependant route. Is that correct?

[CR001]

Also the staff advised I should wait for the T1E extension approved and then apply for 10 years ILR. My family would stay on T1E dependant and apply for ILR once they qualify via T1E dependant route. Is that correct?

No this is NOT correct.

Your dependents CANNOT get ILR based on 5 years Tier 1 dependent if you got ILR based on long residence, the rules do not permit this. They must switch to FLR(M), which resets their 5 year ILR clock to zero. This rule has been in place since April 2014, it is not anything new.

https://www.immigrationboards.com/immig ... 43881.html

[Charl1e]

Also the staff advised I should wait for the T1E extension approved and then apply for 10 years ILR. My family would stay on T1E dependant and apply for ILR once they qualify via T1E dependant route. Is that correct?

No this is NOT correct.

Your dependents CANNOT get ILR based on 5 years Tier 1 dependent if you got ILR based on long residence, the rules do not permit this. They must switch to FLR(M), which resets their 5 year ILR clock to zero. This rule has been in place since April 2014, it is not anything new.

https://www.immigrationboards.com/immig ... 43881.html

Thanks a lot CR001. The staff said I can't vary the extension to ILR based on long residence because the application time for ILR would be the time of previous application. I hadn't completed my 10 years at that time. So my ILR application will be refused. Is that correct?

[CR001]

Page 16 onwards in link below.

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

Also note that the call centre is not HO staff. It is a third party agent who frequently gives out incorrect advice.

[Charl1e]

Also the staff advised I should wait for the T1E extension approved and then apply for 10 years ILR. My family would stay on T1E dependant and apply for ILR once they qualify via T1E dependant route. Is that correct?

No this is NOT correct.

Your dependents CANNOT get ILR based on 5 years Tier 1 dependent if you got ILR based on long residence, the rules do not permit this. They must switch to FLR(M), which resets their 5 year ILR clock to zero. This rule has been in place since April 2014, it is not anything new.

https://www.immigrationboards.com/immig ... 43881.html

Hi CR001, should I apply FLR(M) or FLR(FP) for my family? I have read the post you attached. Some suggest apply for FLR(FP) as FLR(M) may be returned as invalid. I know the policy changes all the time. What's the current situation?

[CR001]

Also the staff advised I should wait for the T1E extension approved and then apply for 10 years ILR. My family would stay on T1E dependant and apply for ILR once they qualify via T1E dependant route. Is that correct?

No this is NOT correct.

Your dependents CANNOT get ILR based on 5 years Tier 1 dependent if you got ILR based on long residence, the rules do not permit this. They must switch to FLR(M), which resets their 5 year ILR clock to zero. This rule has been in place since April 2014, it is not anything new.

https://www.immigrationboards.com/immig ... 43881.html

Hi CR001, should I apply FLR(M) or FLR(FP) for my family? I have read the post you attached. Some suggest apply for FLR(FP) as FLR(M) may be returned as invalid. I know the policy changes all the time. What's the current situation?

FLR(FP) is for when you do NOT meet the Financial or English requirement. If you meet the requirements, then FLR(M) is the correct one.

Unclear why you believe FLR(M) will be returned as invalid if you meet the requirements. Unclear what policy changes you are referring to. There has been no change to the FLR(M) or FLR(FP) requirements.

[Charl1e]

Also the staff advised I should wait for the T1E extension approved and then apply for 10 years ILR. My family would stay on T1E dependant and apply for ILR once they qualify via T1E dependant route. Is that correct?

No this is NOT correct.

Your dependents CANNOT get ILR based on 5 years Tier 1 dependent if you got ILR based on long residence, the rules do not permit this. They must switch to FLR(M), which resets their 5 year ILR clock to zero. This rule has been in place since April 2014, it is not anything new.

https://www.immigrationboards.com/immig ... 43881.html

Hi CR001, should I apply FLR(M) or FLR(FP) for my family? I have read the post you attached. Some suggest apply for FLR(FP) as FLR(M) may be returned as invalid. I know the policy changes all the time. What's the current situation?

FLR(FP) is for when you do NOT meet the Financial or English requirement. If you meet the requirements, then FLR(M) is the correct one.

Unclear why you believe FLR(M) will be returned as invalid if you meet the requirements. Unclear what policy changes you are referring to. There has been no change to the FLR(M) or FLR(FP) requirements.

I read this from Obie's post
post1130407.html#p1130407

There are reports of application being returned as invalid on the basis that there is no settled person, so such application cannot be successful.

Some people have reported being asked to fill in FLR(FP) instead.

There is a possibility that FLR(FP) can be varied to FLR(M) is your application for ILR is successful.

We meet the Financial and English requirement. My worry is I am not settled yet while my family apply for FLR(M). Is there any guideline for this situation?

[CR001]

The topic you have linked is more than 5 years old. Things have moved on since then. You simply reference your pending ILR LR application and her application will be held. If your ILR fails, her FLR(M) will also fail.

[zimba]

Also the staff advised I should wait for the T1E extension approved and then apply for 10 years ILR. My family would stay on T1E dependant and apply for ILR once they qualify via T1E dependant route. Is that correct?

There is no immigration helpline. Those advisors are third parties who often give incorrect advice (leading to many cases of refusals reported by members over the years). Don't rely on telephone conversations nor correspondence with the Home Office.

[Charl1e]

Thank you for your great help CR001 and Zimba