Tier2ICT to LR

• Assuming online application route only, answering yes to "Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?" is considered varying an application

• Can a decision be made if the applicant has submitted relevant documents via UKVCAS before the scheduled biometric appointment

• Does the applicant have to attend the biometric appointment booked for the original application - despite varying an application

• Can the varying application be submitted before the biometric appointment of the original appointment

• Would the applicant need to attend two different biometric appointment - one for the original application and the other for the varying application

• Can the IHS reference number be re-used when varying

• What is considered as the 'date of application' when varying

• What is the affect on 3C when application is varied

• If application is varied, is the original application fee refunded. If so, what are the conditions and the known timeframe of refund

• Similarly, is IHS fees refunded

• What is the affect on IHS refund of original application if the varying application is an ILR

• Assuming the applicant has extant leave, what is the difference between cancelling and varying

x31122010 wrote: ↑

Sun Nov 15, 2020 8:59 pm

Hello,

I have questions around varying an application and the related refund to help me make a decision on the process.

1.Varying

• Assuming online application route only, answering yes to "Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?" is considered varying an application

• Can a decision be made if the applicant has submitted relevant documents via UKVCAS before the scheduled biometric appointment

• Does the applicant have to attend the biometric appointment booked for the original application - despite varying an application

• Can the varying application be submitted before the biometric appointment of the original appointment

• Would the applicant need to attend two different biometric appointment - one for the original application and the other for the varying application

• Can the IHS reference number be re-used when varying

• What is considered as the 'date of application' when varying

• What is the affect on 3C when application is varied

2. Refund

• If application is varied, is the original application fee refunded. If so, what are the conditions and the known timeframe of refund

• Similarly, is IHS fees refunded

• What is the affect on IHS refund of original application if the varying application is an ILR

3. Cancel or Vary

• Assuming the applicant has extant leave, what is the difference between cancelling and varying

1.Varying

• Assuming online application route only, answering yes to "Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?" is considered varying an application-->> Correct

• Can a decision be made if the applicant has submitted relevant documents via UKVCAS before the scheduled biometric appointment --> As per the document, the application is considered valid only when biometric info has been provided. So, it implies that the decision cannot be made until that point.

• Does the applicant have to attend the biometric appointment booked for the original application - despite varying an application Please can you advise on this

• Can the varying application be submitted before the biometric appointment of the original appointment -->> Possible and there is no relationship between the two events.

• Would the applicant need to attend two different biometric appointment - one for the original application and the other for the varying application -->Please can you advise on this

• Can the IHS reference number be re-used when varying --> No reference made in the document. But I assume you can do that and the case worker will get back to you requesting for IHS payment to be made if incorrect IHS fees were paid

• What is considered as the 'date of application' when varying --> This is always the date of the original application.

• What is the affect on 3C when application is varied--> Nothing specified in the document. Please can you advise on this

2. Refund

• If application is varied, is the original application fee refunded. If so, what are the conditions and the known timeframe of refund -->The document clearly explains refund status when you withdraw/cancel an application but it completely silent to what happens when you vary. Please can you advise on this

• Similarly, is IHS fees refunded --> The link, again, is clear to what happens with withdrawn application but not on varied application. Please can you advise

• What is the affect on IHS refund of original application if the varying application is an ILR --> The link states that IHS will not be refunded if you are applying for ILR. If the variation is to an ILR then why would the IHS fees not be refunded.

x31122010 wrote: ↑

Tue Nov 17, 2020 9:23 pm

Thank you. These were very useful and have helped.

Please can you ratify my understanding (highlighted in yellow)

1.Varying
1.

• Assuming online application route only, answering yes to "Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?" is considered varying an application-->> Correct

2.

• Can a decision be made if the applicant has submitted relevant documents via UKVCAS before the scheduled biometric appointment --> As per the document, the application is considered valid only when biometric info has been provided. So, it implies that the decision cannot be made until that point.

3.

• Does the applicant have to attend the biometric appointment booked for the original application - despite varying an application Please can you advise on this

4.

• Can the varying application be submitted before the biometric appointment of the original appointment -->> Possible and there is no relationship between the two events.

5.

• Would the applicant need to attend two different biometric appointment - one for the original application and the other for the varying application -->Please can you advise on this

6.

• Can the IHS reference number be re-used when varying --> No reference made in the document. But I assume you can do that and the case worker will get back to you requesting for IHS payment to be made if incorrect IHS fees were paid

7.

• What is considered as the 'date of application' when varying --> This is always the date of the original application.

8.

• What is the affect on 3C when application is varied--> Nothing specified in the document. Please can you advise on this

2. Refund
9.

• If application is varied, is the original application fee refunded. If so, what are the conditions and the known timeframe of refund -->The document clearly explains refund status when you withdraw/cancel an application but it completely silent to what happens when you vary. Please can you advise on this

10.

• Similarly, is IHS fees refunded --> The link, again, is clear to what happens with withdrawn application but not on varied application. Please can you advise

11.

• What is the affect on IHS refund of original application if the varying application is an ILR --> The link states that IHS will not be refunded if you are applying for ILR. If the variation is to an ILR then why would the IHS fees not be refunded.

Variation of immigration applications
Where an application for leave to remain is made and a further application is
submitted that has the effect of varying it, the fee for the first application must be
refunded.

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

x31122010 wrote: ↑

Sun Dec 27, 2020 1:00 pm

Hello mods,

My present Tier2-ICT is due to expire 28th Feb. We will be extending the Tier2-ICT via the company for a further two years. I do not see any challenge in that being granted.

I plan to apply for SET(LR) as soon as the Tier2-ICT is granted.
[Background: Been in the UK since Feb'11 on Tier2-ICT with multiple extensions]

I have the following questions:
1. When will section 3C kick-in? Will this be 01st Mar 2021 as I have extant leave up to 28th Feb'21? Yes
2. To ensure that the SET(LR) is not considered a variation what event will I have to wait until to make the SET(LR) application? Would this be the decision letter OR BRP card of the Tier2-ICT extension? For variation, you need to have submitted biometrics for the Tier 2 extension but decision not made on the yet. Then you apply SET (LR) and inform them in CW to vary.
If you wait for decision letter and or BRP to come through...its too late by then. Why go for your SET (LR) this way though?


Thanks !

x31122010 wrote: ↑

Sun Dec 27, 2020 1:19 pm

Thanks Vinny for the super quick response on a Sunday

On the point of PBS travelling, would the explanation given by me not hold true? If the PBS extant leave continue to remain valid why would travel be considered a risk especially when the decision on main applicant ILR has not been made.
I am just trying to understand this better. Is this conjecture OR any immigration clauses/guidance that clearly state this.

Thanks!

x31122010 wrote: ↑

Sun Dec 27, 2020 1:00 pm

Hello mods,

My present Tier2-ICT is due to expire 28th Feb. We will be extending the Tier2-ICT via the company for a further two years. I do not see any challenge in that being granted.

I plan to apply for SET(LR) as soon as the Tier2-ICT is granted.
[Background: Been in the UK since Feb'11 on Tier2-ICT with multiple extensions]

I have the following questions:
1. When will section 3C kick-in? Will this be 01st Mar 2021 as I have extant leave up to 28th Feb'21?
2. To ensure that the SET(LR) is not considered a variation what event will I have to wait until to make the SET(LR) application? Would this be the decision letter OR BRP card of the Tier2-ICT extension?

Thanks !

• before submitting Biometrics for Tier2 extn

• the day after submitting biometrics for Tier 2 extn and with the decision on Tier2-ICT not yet made
  (assume decision cannot be made until I submit the documents and biometrics))

• 4-5 weeks after submitting the biometrics for Tier2 extn without knowledge of Tier2 progress/decision

• Copy of all passports with first/last and immigration stamp page

• Copy of BRP

• Life in the UK

• B1 Test

x31122010 wrote: ↑

Sat Apr 03, 2021 7:34 am

Hello mods,

I have continued with my online application process and now reached the page where the list of documents to be submitted appears. The document list is more exhaustive than one shown on the SET(LR) guidance page and is asking for
- the passport and BRP of dependents
- marriage and birth certificates of dependents
- evidence of co-habitation over two years

Would I need to provide all these or just stick to submitting my passport/BRP copies only? I have given the online reference number for LITUK and B1 tests.

Thanks.

x31122010 wrote: ↑

Fri Apr 02, 2021 6:18 pm

Hello again,

I have started with my SET(LR) application and come across these questions. Will appreciate your help with them.

- Do you have any HO reference Number : Response --> NO (All previous applications have been decided upon and there is no open case with HO)
It is the HO CaseID/UAN for previous applications IF KNOWN. You can also use your BRP number as reference if known
- How long you have lived in the UK : Response --> 10yr 1 month ( considering initial date of arrival as 19 Feb 2011)
- Do you have any convictions etc : Response --> NO (I have had no court cases, I have had couple of PCN for driving in bus lane, parking etc which I paid promptly

Thanks.