complicated ILR due to Corona virus

Fcjl22 · Post by **Fcjl22** » Mon Apr 20, 2020 12:38 pm

My case should be easy but due to the current situation, it is not under my control. I called UKVI several times, but they didn't give any suggestions other than wait till then.

I entered uk on 19/9/2010 on a Tier 4 visa and has been on Tier 2 till now. My current visa expires on 14/07/2020. I got a short extension from my company till 30/09/2020 which should be long enough for my ILR. However, due to the current situation, no appications will be granted until further notice. What should I do?

I have to apply for the extension before my current visa expires. However, my worry is the extension won't be granted before 21/08/2020 when I am eligible to apply for the ILR. probabally, I won't get my extension granted before the extension expires itself. I know that I could vary my application if my first application is not decided and apply for the ILR when I am eligible. However, I found this document "Applications for leave to remain: validation, variation and withdrawal" and there is one case said,

Example scenario 1
An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the
applicant transitioned to 3C leave. As the applicant transitioned to 3C leave and a decision has not yet been made on application A, application B is automatically considered as a variation of application
A. The date of application is the date application A was submitted.

If this is correct, my application date of ILR will be the date of my tier 2 extension which is definately earlier than when I am eligible to apply. I will fail the application.

Could anyone here share your experience or give me some suggestions? Thank you.

zimba · Post by **zimba** » Mon Apr 20, 2020 2:02 pm

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

Fcjl22 · Post by **Fcjl22** » Mon Apr 20, 2020 4:07 pm

Zimba wrote: ↑
Mon Apr 20, 2020 2:02 pm
You will be granted ILR if you are eligible on the day of the decision

could you please explain it a bit more? what do you mean by on the day of the decision? Am I able to do what I said in my post? Thank you.

zimba · Post by **zimba** » Tue Apr 21, 2020 12:01 am

You said:

If this is correct, my application date of ILR will be the date of my tier 2 extension which is definately earlier than when I am eligible to apply. I will fail the application.

That is NOT correct. ILR will be granted if on the day the case worker is making a decision you are eligible for ILR (the day of the decision)
They will use the date that is most beneficial to the applicant when calculating the specified continuous period for ILR. So as long as you are eligible on the day of the decision your ILR will be granted.

Fcjl22 · Post by **Fcjl22** » Tue Apr 21, 2020 9:05 am

Zimba wrote: ↑
Tue Apr 21, 2020 12:01 am
You said:

If this is correct, my application date of ILR will be the date of my tier 2 extension which is definately earlier than when I am eligible to apply. I will fail the application.
That is NOT correct. ILR will be granted if on the day the case worker is making a decision you are eligible for ILR (the day of the decision)
They will use the date that is most beneficial to the applicant when calculating the specified continuous period for ILR. So as long as you are eligible on the day of the decision your ILR will be granted.

Thank you so much for the explanation. Is there any documents explain this situation? I will certainly submit my ILR after I am eligible to apply.

zimba · Post by **zimba** » Tue Apr 21, 2020 1:59 pm

indefinite-leave-to-remain/5-years-for- ... l#p1847400

zimba · Post by **zimba** » Wed Apr 22, 2020 12:19 am

Fcjl22 wrote: ↑
Tue Apr 21, 2020 9:05 am

Zimba wrote: ↑
Tue Apr 21, 2020 12:01 am
You said:

If this is correct, my application date of ILR will be the date of my tier 2 extension which is definately earlier than when I am eligible to apply. I will fail the application.
That is NOT correct. ILR will be granted if on the day the case worker is making a decision you are eligible for ILR (the day of the decision)
They will use the date that is most beneficial to the applicant when calculating the specified continuous period for ILR. So as long as you are eligible on the day of the decision your ILR will be granted.
Thank you so much for the explanation. Is there any documents explain this situation? I will certainly submit my ILR after I am eligible to apply.

I did not give you that link so that you go and start a query there

STICK ONLY TO THIS POST for your queries

Fcjl22 · Post by **Fcjl22** » Wed Apr 22, 2020 1:23 pm

Zimba wrote: ↑
Wed Apr 22, 2020 12:19 am

Fcjl22 wrote: ↑
Tue Apr 21, 2020 9:05 am

Zimba wrote: ↑
Tue Apr 21, 2020 12:01 am
You said:

If this is correct, my application date of ILR will be the date of my tier 2 extension which is definately earlier than when I am eligible to apply. I will fail the application.
That is NOT correct. ILR will be granted if on the day the case worker is making a decision you are eligible for ILR (the day of the decision)
They will use the date that is most beneficial to the applicant when calculating the specified continuous period for ILR. So as long as you are eligible on the day of the decision your ILR will be granted.
Thank you so much for the explanation. Is there any documents explain this situation? I will certainly submit my ILR after I am eligible to apply.
I did not give you that link so that you go and start a query there STICK ONLY TO THIS POST for your queries

Hi ZImba,

Sorry, I am quite worried. I came across this document and page 22, it said

https://assets.publishing.service.gov.u ... 6.0ext.pdf

A person cannot make a fresh application for leave while they have 3C or 3D leave
pending the outcome of a decision on their outstanding application. This means that
someone who reaches the 10 year threshold during this leave cannot apply for
indefinite leave. This could occur in the following 2 situations:

Is it just my current situation? I will reach my 10 year during wait for my T2 extension.

zimba · Post by **zimba** » Wed Apr 22, 2020 2:34 pm

Variation of leave is different. Your section 3C remains unchanged if you vary a pending application to ILR

Fcjl22 · Post by **Fcjl22** » Wed Apr 22, 2020 3:02 pm

Thanks a lot for the reply. I have been reviewing previous posts in a similar situation. I came across one of your earlier post that applicant has to enroll biometrics for the first application before they can vary to another application? Based on the current situation, there is no way to enroll biometrics because all the centres are closed. In that case, am I still be able to vary to ILR?

My second question is if I enroll the biometric, the first application will be an valid application, in that case, HO won't refund fee and NHS,right?

Additionally, what if I make my ILR before I can enroll my biometric for the first application? I have a strong feeling this will be the case if I make the T2 extension application.

There might be another alternative. Visas have been extended from 31 Jan. to 31 May now due to the virus. I think they will extend it to at least 31 Jul. according to the current situation. Or they might even extend to 30 Sep if the situation remains. These extensions will be counted as valid for the 10 years, right? I might want to wait to see how this goes.

Sorry to put up so many questions. Thank you again for your help.

zimba · Post by **zimba** » Wed Apr 22, 2020 3:14 pm

Thanks a lot for the reply. I have been reviewing previous posts in a similar situation. I came across one of your earlier post that applicant has to enroll biometrics for the first application before they can vary to another application? Based on the current situation, there is no way to enroll biometrics because all the centres are closed. In that case, am I still be able to vary to ILR?

As repeated several times, you can vary a pending application at any time even before doing biometrics

My second question is if I enroll the biometric, the first application will be an valid application, in that case, HO won't refund fee and NHS,right?

UKVI has been issuing refunds as far as I've seen after variation

Additionally, what if I make my ILR before I can enroll my biometric for the first application? I have a strong feeling this will be the case if I make the T2 extension application.

DO NOT attend the biometrics for the first application if you varied to ILR.

There might be another alternative. Visas have been extended from 31 Jan. to 31 May now due to the virus. I think they will extend it to at least 31 Jul. according to the current situation. Or they might even extend to 30 Sep if the situation remains. These extensions will be counted as valid for the 10 years, right? I might want to wait to see how this goes.

Yes they would

Fcjl22 · Post by **Fcjl22** » Wed Apr 22, 2020 4:10 pm

Zimba wrote: ↑
Wed Apr 22, 2020 2:34 pm
Variation of leave is different. Your section 3C remains unchanged if you vary a pending application to ILR

Hi again, could you please explain this a bit more? This sounds exictly as my situation. But you mean I could apply to vary to ILR while waiting for my T2 extension desicion? my existing visa will expire by the time i vary to ILR and I am just in 3C leave. I am just confused. Thank you.

zimba · Post by **zimba** » Wed Apr 22, 2020 4:25 pm

Fcjl22 wrote: ↑
Wed Apr 22, 2020 4:10 pm

Zimba wrote: ↑
Wed Apr 22, 2020 2:34 pm
Variation of leave is different. Your section 3C remains unchanged if you vary a pending application to ILR
Hi again, could you please explain this a bit more? This sounds exictly as my situation. But you mean I could apply to vary to ILR while waiting for my T2 extension desicion? my existing visa will expire by the time i vary to ILR and I am just in 3C leave. I am just confused. Thank you.

I repeat again, you can vary ANY pending application at ANYTIME whether you have valid visa or not or whether you have section 3C or not. As variation simply means changing the conditions of your initial application, your section 3C protection remains unaffected. DO NOT mistake this with a new fresh application

Fcjl22 · Post by **Fcjl22** » Thu Apr 30, 2020 11:22 am

My wife has just got a T5 religious worker job for two years. Theretically, she has to go outside of UK to switch to this category. However, based on the current lockdown, she might be able to switch from inside UK. We just need to wait till the end of May to see if Home Office extend the period. In case they do extend the period and we can switch to T5 in the UK, is it better to apply together with my wife as her dependant? Am I able to vary the application to ILR when I am eligible to? But since I am not the main applicant? Does the variation affect the main applicant's application? If not, will I still get a refund of the fees and NHS charge? Thank you.

Fcjl22 · Post by **Fcjl22** » Wed May 06, 2020 10:03 am

Zimba wrote: ↑
Wed Apr 22, 2020 4:25 pm

Fcjl22 wrote: ↑
Wed Apr 22, 2020 4:10 pm

Zimba wrote: ↑
Wed Apr 22, 2020 2:34 pm
Variation of leave is different. Your section 3C remains unchanged if you vary a pending application to ILR
Hi again, could you please explain this a bit more? This sounds exictly as my situation. But you mean I could apply to vary to ILR while waiting for my T2 extension desicion? my existing visa will expire by the time i vary to ILR and I am just in 3C leave. I am just confused. Thank you.
I repeat again, you can vary ANY pending application at ANYTIME whether you have valid visa or not or whether you have section 3C or not. As variation simply means changing the conditions of your initial application, your section 3C protection remains unaffected. DO NOT mistake this with a new fresh application

Could you please help me with my new question? Thank you.

zimba · Post by **zimba** » Wed May 06, 2020 2:42 pm

Zimba wrote: ↑
Wed Apr 22, 2020 4:25 pm

Fcjl22 wrote: ↑
Wed Apr 22, 2020 4:10 pm

Zimba wrote: ↑
Wed Apr 22, 2020 2:34 pm
Variation of leave is different. Your section 3C remains unchanged if you vary a pending application to ILR
Hi again, could you please explain this a bit more? This sounds exictly as my situation. But you mean I could apply to vary to ILR while waiting for my T2 extension desicion? my existing visa will expire by the time i vary to ILR and I am just in 3C leave. I am just confused. Thank you.
I repeat again, you can vary ANY pending application at ANYTIME whether you have valid visa or not or whether you have section 3C or not. As variation simply means changing the conditions of your initial application, your section 3C protection remains unaffected. DO NOT mistake this with a new fresh application

Fcjl22 · Post by **Fcjl22** » Thu May 07, 2020 10:07 am

Zimba wrote: ↑
Wed May 06, 2020 2:42 pm

Zimba wrote: ↑
Wed Apr 22, 2020 4:25 pm

Fcjl22 wrote: ↑
Wed Apr 22, 2020 4:10 pm

Zimba wrote: ↑
Wed Apr 22, 2020 2:34 pm
Variation of leave is different. Your section 3C remains unchanged if you vary a pending application to ILR
Hi again, could you please explain this a bit more? This sounds exictly as my situation. But you mean I could apply to vary to ILR while waiting for my T2 extension desicion? my existing visa will expire by the time i vary to ILR and I am just in 3C leave. I am just confused. Thank you.
I repeat again, you can vary ANY pending application at ANYTIME whether you have valid visa or not or whether you have section 3C or not. As variation simply means changing the conditions of your initial application, your section 3C protection remains unaffected. DO NOT mistake this with a new fresh application

will the variation affect the main applicant's application if I was the dependant? The main applicant still wants to go ahead with the application.

zimba · Post by **zimba** » Thu May 07, 2020 1:08 pm

It has no effect on the main applicant.

T4toT2 · Post by **T4toT2** » Thu May 07, 2020 3:26 pm

Point 1, ILR for Furlough worker:

I'm now on furloughed from 1st of may till 1st of June, hope that wont impact my ILR application next year February 2021, also my sponsor didnt notify UKVI about my furlough status hope they won't penalise me for this and they'd understand considering this pandemic situation.

Point 2, about ILR:

My tier 2 visa expires on 11/02/2021 when i'll be 19 (47-28=19) days short from 10 years, even after excluding the 28 days period, in total 47 days if you exclude 28 then 19 days short.

Arrived UK on Tier 4 visa on 30/03/2011 (Tier 4 visa granted from 22/03/2011) whats the rule for early ILR application as i don't want to spend extra money on extension and deal with extra complexity.

zimba · Post by **zimba** » Thu May 07, 2020 4:09 pm

T4toT2 wrote: ↑
Thu May 07, 2020 3:26 pm
Point 1, ILR for Furlough worker:

I'm now on furloughed from 1st of may till 1st of June, hope that wont impact my ILR application next year February 2021, also my sponsor didnt notify UKVI about my furlough status hope they won't penalise me for this and they'd understand considering this pandemic situation.

Point 2, about ILR:

My tier 2 visa expires on 11/02/2021 when i'll be 19 (47-28=19) days short from 10 years, even after excluding the 28 days period, in total 47 days if you exclude 28 then 19 days short.

Arrived UK on Tier 4 visa on 30/03/2011 (Tier 4 visa granted from 22/03/2011) whats the rule for early ILR application as i don't want to spend extra money on extension and deal with extra complexity.

This is NOT your post. DO NOT tag your questions here

Fcjl22 · Post by **Fcjl22** » Fri May 08, 2020 1:00 pm

Zimba wrote: ↑
Thu May 07, 2020 1:08 pm
It has no effect on the main applicant.

My current situation has just changed. I just noticed that it is impossible for my wife to switch from t2 dependant to t5 even though the new rules said you could apply a long-term visa within UK where you normally have to go back to home country. Because T5 is a short-term visa and there is no link or form I could find to apply T5 in the UK.

As my wife is a dependant of mine and my T2 visa expires on 14 July, we need to apply for my T2 extention before my current visa expires. But the extension is only to 30/9/2020. My question is, if we both apply for this extension and I vary to my 10 years ILR when I am eligible, what should my wife do? She can't apply for my dependant as my ILR won't be granted in time before the extension expires on 30/9/2020. Thank you.

zimba · Post by **zimba** » Sat May 09, 2020 3:00 am

If you vary to SET(LR) your wife cannot stay under PBS route anymore and must switch to the family route using FLR(M) which has a salary requirement. She also has to start her 5 year ILR clock from scratch.

Fcjl22 · Post by **Fcjl22** » Mon May 11, 2020 9:52 am

Zimba wrote: ↑
Sat May 09, 2020 3:00 am
If you vary to SET(LR) your wife cannot stay under PBS route anymore and must switch to the family route using FLR(M) which has a salary requirement. She also has to start her 5 year ILR clock from scratch.

Thanks for the suggestions. But the problem is that when I vary to ILR, I will still be waiting for my desicion because there might not be a Premier appointment or during waiting for the appointment. When I vary to ILR, as my T2 extension dependant, is my wife still covered by 3C leave before the desicion of the T2 extension? Or she has to vary to FLR(M) at the same time when I vary to ILR? But at that point, my ILR won't be granted yet. What will be the legal process for my wife? Thank you.

zimba · Post by **zimba** » Mon May 11, 2020 2:41 pm

I have to repeat myself over and over here which I think is not productive anymore. As I repeated several times you can vary any pending application at any time. Your wife's application does not change as long as her application remains pending. No one becomes illegal due to a side effect. That is not how things work. I suggest to wait until UKVCAS opens up and then vary.

Fcjl22 · Post by **Fcjl22** » Tue May 12, 2020 2:58 pm

Zimba wrote: ↑
Mon May 11, 2020 2:41 pm
I have to repeat myself over and over here which I think is not productive anymore. As I repeated several times you can vary any pending application at any time. Your wife's application does not change as long s her application remains pending. No one becomes illegal due to a side effect. That is not how things work. I suggest to wait until UKVCAS opens up and then vary.

Thank you so much for the clarification. I came across a saying on ohter topics that you can't change employer when waiting for the discision of ILR. But I think it is only applied to 5 years T 2 route, right? But as my case is 10 years route, I don't need an employer at all. In that case, I should be able to change job during waiting for the discion of my ILR? I should be eligible to work in the uk as soon as I vary my Tier 2 extension to ILR, right? The reason to ask the question is that I am looking for a new job after my current contract finishes. thank you.

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