Variation from PBS dependant (Tier 2/skilled worker) to ILR - need expert advice

[rajn123]

Hello

My status: Obtained ILR in Sep 2018 under Tier 2 General/Skilled worker route.

My wife's immigration status:
Date of entry clearance: 19 March 2018
5 year continuous period on: 19 March 2023

- Current PBS dependent visa expired on 27 Sep 2022. We submitted PBS dependent application using ID visa App on 23rd Sep 2022 before expiry.

- Received email from HO stating that incorrect fee was paid for the application. Gave us 10 working days to make a new application and Vary. (fee was paid under shortage occupation but my old SOC at the time of my application on 2016 was not in shortage list)

- Submitted revised new PBS dependant application on 30th November 2022, with full fee and IHS again.

- We now have time to submit the Biometrics until 1st Feb 2023. This gives us valid status under section 3c at least until this date assuming my application remains valid.

- My wife will qualify for ILR on 19 Feb 2023. So this is only 18 days difference. We would want to make an application to vary from PBS dependant to ILR before home office makes a decision on the application and get the refund for previous applications.

I am thinking of following approach to vary the application. Can somebody suggest if this will work?

Approach:
- Give biometrics for PBS dependant on 1st Feb 2023. This will validate the application.
- Apply for Set(O) ILR application on 2nd Feb 2023 under priority visa (5 WD).
- This will vary the application with the application date being 23rd Sep 2022 (As per HO rules on variation the application date remains same as 1st visa application date). Therefore we cannot take an advantage of applying 28 days in advance.
- Submit biometrics on 19 March 2023 (when my wife completes 5 continuous years)
- Expect that HO will vary application to ILR and provide decision in 5WDs as we need to travel.

Experts please advice.

Thanks
Raj

[zimba]

Correct

[AmazonianX]

Hello

My status: Obtained ILR in Sep 2018 under Tier 2 General/Skilled worker route.

My wife's immigration status:
Date of entry clearance: 19 March 2018
5 year continuous period on: 19 March 2023

- Current PBS dependent visa expired on 27 Sep 2022. We submitted PBS dependent application using ID visa App on 23rd Sep 2022 before expiry.

- Received email from HO stating that incorrect fee was paid for the application. Gave us 10 working days to make a new application and Vary. (fee was paid under shortage occupation but my old SOC at the time of my application on 2016 was not in shortage list)

- Submitted revised new PBS dependant application on 30th November 2022, with full fee and IHS again.

- We now have time to submit the Biometrics until 1st Feb 2023. This gives us valid status under section 3c at least until this date assuming my application remains valid.

- My wife will qualify for ILR on 19 Feb 2023. So this is only 18 days difference. We would want to make an application to vary from PBS dependant to ILR before home office makes a decision on the application and get the refund for previous applications.

I am thinking of following approach to vary the application. Can somebody suggest if this will work?

Approach:
- Give biometrics for PBS dependant on 1st Feb 2023. This will validate the application.
- Apply for Set(O) ILR application on 2nd Feb 2023 under priority visa (5 WD).
- This will vary the application with the application date being 23rd Sep 2022 (As per HO rules on variation the application date remains same as 1st visa application date). Therefore we cannot take an advantage of applying 28 days in advance.
- Submit biometrics on 19 March 2023 (when my wife completes 5 continuous years)
- Expect that HO will vary application to ILR and provide decision in 5WDs as we need to travel.

Experts please advice.

Thanks
Raj

What you have outlined above needs no undue addition on how to go about varying an application.

[rajn123]

Thanks AmazonianX and Zimba for your responses.

Just to be super clear. I am concluding from your responses that you both agree and the above plan/approach is as per rules (i.e. solid).

One more Question I had was if we apply for Priority (5WD) on 2nd Feb then we would still get 45 WDs to submit new biometrics and docs for ILR so that we have enough time to delay until 19th March? Checking because we are not aware if priority visa is a shorter deadline to submit docs and biometrics?

Please can you confirm both points above.

Thanks for your responses again.
Raj

[CR001]

Priority is a ukvi service for making a decision.

Priority service has absolutely nothing to do with the ukcvas biometric appointment.

[rajn123]

Apologies CR001 and appreciate your response. I think I am now confused now. Probably because I may not have asked/explained well enough.

My last 2 queries are:

1. Reconfirm that my approach outlined is good as per rules. (reconfirming that I have understood AmazonianX and Zimba response as all good and in agreement?)

2. That we will get 45 WDs (not shorter deadline) after priority ILR application on 2nd Feb 2023 i.e. that there is no shorter timeline for priority visa compared to standard visa? (appreciate that 5 WDs is decision timeline after biometric is submitted as you mentioned)

Apologies if my questions are repetitive. I feel on the edge with these rules really so being very careful.

Thanks
Raj

[zimba]

The visa service selected ONLY determines the speed at which your application will be decided AFTER the UKVI has all the requested information, including your biometrics. So you get 45 days to book an appointment with UKVCAS and AFTER that is done, your visa will be processed as per visa service selected (e.g super priority)

So the super-priority service can get you a decision from UKVI within 24 hours, AFTER you enrolled your biometrics

[rajn123]

Thanks Zimba, CR001 and AmazonianX. This is very helpful. I will proceed as per plan.

[rajn123]

Hello

I just need further help regarding the application. As mentioned in my history above.

- We had applied for my wife's PBS dependant extension on 23rd Sep. (Lets call this Application no 1)
- We received email from HO saying that wrong fee has been submitted so we will have to make a new application with the correct fee and vary the application. (we didn't think it was wrong fee by the way)
- We submitted new application for PBS dependant (call this Application no 2) with a higher fee on 30th Nov as per HO instructions. I had provided the reference no of Application no 1 in Application no 2 form to vary and also mentioned this in the cover letter. We also notified HO on the email they provided us to notify of new application.
- We are yet to submit the Biometrics for Application no 2. So no decision can be made on this yet.
- Our plan was to wait and vary Application no 2 into a new ILR application in February.

- Suddenly today, we have a received a decision on Application no 1 from HO saying the application for PBS Dependant has been approved and BRP will arrive.

- Although its good that application is approved but this has ended my costing us a lot of money and cost efficient way would have been to directly go for ILR. Also we have now paid the fees twice for PBD dependant visa.

- It seems HO have made the decision on wrong application i.e. Application no 1.

Can somebody please suggest
1. Way forward to contact HO (as there is no contact detail in decision email) to get refunds?
2. Can I ask them to reverse the decision on Application no 1 and wait for details on Application no 2? (This will allow me to vary for ILR).

Please advice.

Thanks
Raj

[zimba]

You cannot reverse a decision made. Simply apply for ILR in Feb. Trying to cover several months of lawful residence by the way of variation may or may not work as the first application could be granted in the meantime before you get a change to vary (just what happened here). This is only advised if the ILR qualifying date is close.

You should get a refund for the incorrectly paid application.

Immigration and nationality refunds policy
Process to request a refund for services relating to an immigration application or service

[rajn123]

Thanks for your reply Zimba.

Just to clarify, I was not trying to cover the long lawful period using variation, in-fact I didn't even know about this when i applied for my wife's 1st application. Its only after the issue and message from HO saying wrong payment has been made that I read this forum and came up with an approach i mentioned above.

Nevertheless, my point was a bit more technical. If HO first sent us a message saying wrong payment is made in 1st application and asked us to submit 2nd application and told us if we didn't do this the 1st application will be declared invalid.

We then make a 2nd application. So technically 2nd application becomes current and overrides the 1st one as per variation rules.

My another concern is then if we go by these rules then 1st application in null and if HO has made the decision on this 1st application then there might be a risk that they realise this technical mistake and reverse this decision.

My priority is to make sure that we do not become victim of HO's inconsistencies and administrative mistakes which cause us future problems. I am happy to pay separately for ILR.

Appreciate all your inputs. I know this a very specific case but any guidance would be helpful.

Thanks
Raj

[zimba]

There is no difference at all. You did not vary technically as the conditions of leave were not changed. So you can assume the second attempt was a fee correction rather than a second application. You can view that there was only one application and now it is granted. I do not see any issues.

[rajn123]

Thanks Zimba. I have written to HO for refund on 2nd application. Lets see what comes back.