Urgent reply to HO - vary tier 2 to ILR

ukvisat2 · Post by **ukvisat2** » Sun Sep 15, 2019 12:18 pm

I have already submitted the online application form and paid the fees for my tier 2 extension application with two dependents (wife and child).

All visas extension application made on 13th Sep 2019 as the current leave was going to expire on 14th Sep 2019, however, we haven't booked an appointment for the bio-metrics and uploaded supporting documents yet as currently there is no appointment slot available near my area.

When I submitted my online form and paid the fees, I was told by the system that I must attend Biometrics appointment before 14th November 2019.

The main applicant is going to compete for his continues 5 years stay in UK on 1st December 2019 - so Ideally he will be eligible to apply for his ILR visa 28 days before i.e ~3th/4th November 2019.

Below are my questions

1) I read somewhere on this platform that Biometric appointment should be booked within 15 working days from the date of application. If this is correct, I have to book my biometric appointment by 3th October 2019. Is it right?

2) can I enroll biometrics after varying the main applicant extension application to ILR for example after 3rd November 2019? as I have to attend biometrics appointment before 14th November 2019?

3) Is there any sample covering letter to support varying the main applicant and stop the process for dependent applications until a decision on the main applicant ILR application?

Many thanks

zimba · Post by **zimba** » Sun Sep 15, 2019 1:17 pm

1) I read somewhere on this platform that Biometric appointment should be booked within 15 working days from the date of application. If this is correct, I have to book my biometric appointment by 3th October 2019. Is it right?

No that is not correct

2) can I enroll biometrics after varying the main applicant extension application to ILR for example after 3rd November 2019? as I have to attend biometrics appointment before 14th November 2019?

As far as I know you can only vary a valid application. When Biometrics are not enrolled, then that previous application may be considered invalid (This is just to be on the safe side if you can and it is advisory)

3) Is there any sample covering letter to support varying the main applicant and stop the process for dependent applications until a decision on the main applicant ILR application?

No write such letter yourself.

ukvisat2 · Post by **ukvisat2** » Sun Sep 15, 2019 1:48 pm

Zimba wrote: ↑
Sun Sep 15, 2019 1:17 pm

1) I read somewhere on this platform that Biometric appointment should be booked within 15 working days from the date of application. If this is correct, I have to book my biometric appointment by 3th October 2019. Is it right?
No that is not correct

I got 15 working days impression from here
uk-tier-2-employer-sponsored-visas/rece ... 5394.html

2) can I enroll biometrics after varying the main applicant extension application to ILR for example after 3rd November 2019? as I have to attend biometrics appointment before 14th November 2019?
As far as I know you can only vary a valid application. When Biometrics are not enrolled, then that previous application will be considered invalid

Thank you Zimba for your quick reply.
What would you reckon in this situation?
How about enrolling biometrics on 1st November 2019 and varying the application (main applicant) to ILR on 3rd November 2019? Will this make my Tier 2 extension applicant valid for varying to ILR?

3) Is there any sample covering letter to support varying the main applicant and stop the process for dependent applications until a decision on the main applicant ILR application?
No write such letter yourself.

CULLINAN · Post by **CULLINAN** » Sun Sep 15, 2019 3:12 pm

The further actions page Step 7 gives you the last date you can enrol your biometrics. Check that. Its usually 45 working days.

ukvisat2 · Post by **ukvisat2** » Sun Sep 15, 2019 3:48 pm

tier11417 wrote: ↑
Sun Sep 15, 2019 3:12 pm
The further actions page Step 7 gives you the last date you can enrol your biometrics. Check that. Its usually 45 working days.

Yes - you are right. It says I can enroll biometrics by 14 November 2019 (as I made the online application on 13 September 2019). Exactly 45 working days to enroll biometrics. I am ok with 14 November 2019 as I will be eligible for ILR on 03 November 2019.

Now my question is:

Can I vary my tier 2 extension application to ILR before enrolling biometrics? Or do I have to enroll in my biometrics first and then vary it to ILR?

But following two statements confused me?
https://assets.publishing.service.gov. ... .0-ext.pdf
At page 20.

"You must not accept an application as valid if the applicant has not provided their
biometric information and none of the exceptions apply. The requirement to provide
biometrics and the exceptions are included in the Immigration (Biometric
Registration) Regulations 2008."

at page 16.

"Following submission of an application either online or by post the applicant will need
to make an appointment as specified by the application process. "

or here

(9) An applicant must comply with the application process set out on the visa and immigration pages on GOV.UK and in the invitation to enrol biometrics which is provided as part of the application process in relation to –
(a) making an appointment to provide biometrics, and
(b) providing any evidence requested by the Secretary of State in support of their application.

https://www.gov.uk/guidance/immigration ... ppLTRinUK

Can I vary my tier 2 extension application to ILR before enrolling biometrics as I am ok with the process set out in my application which states to attend biometrics by 14 November 2019?

Thank you for your time!

zimba · Post by **zimba** » Sun Sep 15, 2019 7:50 pm

The trouble is that if you do not enroll it, your second application may be viewed as a simultaneous application rather than a variation. So you must then withdraw the first one for the second one to be accepted which will end your section 3C

ukvisat2 · Post by **ukvisat2** » Mon Sep 16, 2019 8:33 am

Zimba wrote: ↑
Sun Sep 15, 2019 7:50 pm
The trouble is that if you do not enroll it, your second application may be viewed as a simultaneous application rather than a variation. So you must then withdraw the first one for the second one to be accepted which will end your section 3C

Ok- to be on the safe side - I will enroll biometrics before my ILR application.

Just for clarity of this rule, for example, if there is a shortage of only 1 week (to reach ILR eligibility), one cannot enroll biometrics within 1 week according to the current UKVCAS system. In this situation, do an applicant has to wait first to enroll biometrics and then vary the application?

For example, see the following case:
indefinite-leave-to-remain/legitimately ... 82900.html

I thought I was in a similar situation to the above case. Isn't it?

zimba · Post by **zimba** » Mon Sep 16, 2019 12:43 pm

UKVCAS does not limit you to do anything. It is up to you to make sure you are eligible when you apply. You are being advised to enroll your biometrics to avoid your first application being rejected as invalid and risk loss of section 3C

ukvisat2 · Post by **ukvisat2** » Mon Sep 16, 2019 3:19 pm

Zimba wrote: ↑
Mon Sep 16, 2019 12:43 pm
UKVCAS does not limit you to do anything. It is up to you to make sure you are eligible when you apply. You are being advised to enroll your biometrics to avoid your first application being rejected as invalid and risk loss of section 3C

Thank you for your time and raising this technical point.
I will enroll biometric a couple of days before making the ILR application.
I hope this will not risk section 3C leave.

ukvisat2 · Post by **ukvisat2** » Mon Oct 07, 2019 11:36 am

ukvisat2 wrote: ↑
Sun Sep 15, 2019 12:18 pm
I have already submitted the online application form and paid the fees for my tier 2 extension application with two dependents (wife and child).

All visas extension application made on 13th Sep 2019 as the current leave was going to expire on 14th Sep 2019, however, we haven't booked an appointment for the bio-metrics and uploaded supporting documents yet as currently there is no appointment slot available near my area.

When I submitted my online form and paid the fees, I was told by the system that I must attend Biometrics appointment before 14th November 2019.

The main applicant is going to compete for his continues 5 years stay in UK on 1st December 2019 - so Ideally he will be eligible to apply for his ILR visa 28 days before i.e ~3th/4th November 2019.

I made my biometric appointment before varying my application. I have a few more questions about documents and the date of application for ILR. HO rules about the date of application for varied applicant as follows:

Where an application is varied, the application date remains the date of the original
application. This is relevant to whether an applicant has, or will have, section 3C
leave. For further information see: Leave extended by section 3C (and leave
extended by section 3D in transitional cases).

But it also says

For PBS applications, where a variation application is made in accordance with
paragraph 34E, the date the variation application is made is the date to be used for
the purposes of assessment against the rules.
At page 18, https://assets.publishing.service.gov.u ... .0-ext.pdf

1) The letter from the employer (foreseeable future and absence record) should NOT be older than 30 days from the date of application, which I presume is the date when I will vary the application (in my case 3rd November 2019). Is it correct?

2) Since I am varying only the main applicant and requesting the following in the cover letter. Is it ok?

I would like to request you to hold my dependent tier 2 leave to remain applications (reference numbers X & X) and process them once my indefinite leave to remain (ILR) application is approved.

3) I know a 1-month bank statement required for the ILR (Set - O), but I am planning to submit a 3-months bank statement because once the main applicant is granted ILR, dependents have to provide maintenance evidence. Isn't it? Shall I submit a 3-months bank statement from the date of application vary (in my case 3rd November 2019)?

4) when I entered the end date of my most recent leave it asked me the following question. Can you please look at my answers in bold?

Do you have a visa, leave to enter or remain or other permission to be in the UK? YES

Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? YES (explain reason box only appears if I say YES)

Give details about the reasons: I made a fresh in-time application for further leave to remain as a Tier 2 General migrant on 13th September 2019. As the decision is still pending, I would like to vary my Tier 2 leave to remain application (ref no xxxx) to ILR.

Many thanks

ukvisat2 · Post by **ukvisat2** » Tue Oct 08, 2019 9:19 am

I would really appreciate if some can provide feedback on my queries, please
I am planning to ask my employer to provide a letter, so keen to confirm the date of the application issue.

Thank you

ukvisat2 · Post by **ukvisat2** » Thu Oct 17, 2019 1:01 pm

My tier 2 visa expired and I made fresh in-time tier 2 (general) extension application. Now I am varying the extension application to ILR.

I have got a check list of items which I need tick and one of the check list item is 'Evidence of Mr X's Immigration status in the UK' and 'Current Biometric Residence Permit' two separate documents.

In this case, can anyone suggest that which documents to provide for the 'Evidence of Mr X's Immigration status in the UK' ? Shall I submit the scanned copy of my old BRP?

I would also like to make sure answers for following Set-O question.

you have a visa, leave to enter or remain or other permission to be in the UK? YES or NO

Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? YES or NO

if I say YES, it asked the following:

Give details about the reasons:
- Based on the above three questions, it also add one item in the checklist:
  Evidence proving Mr X's exceptional situation such as a doctor's note or death notice for a close family member
  
  Many thanks for time and help!

zimba · Post by **zimba** » Thu Oct 17, 2019 1:34 pm

Include a cover letter for variation. Nothing else required

ukvisat2 · Post by **ukvisat2** » Wed Oct 30, 2019 10:46 am

Thank you, Zimba. It is useful as usual.

While filling out the online application Set-O form, it asked the following question:

Do you have a visa, leave to enter or remain or other permission to be in the UK?

If I say YES,

Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?

Give details about the reasons:

If I say NO,

Have you ever had a visa, leave to enter or remain Yes or other permission to be in the UK?

What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK?

Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?

Give details about the reason

Shall I choose YES or NO?
Do you have a visa, leave to enter or remain or other permission to be in the UK?

Thank you.

zimba · Post by **zimba** » Wed Oct 30, 2019 3:49 pm

Choose YES, say you are under Section 3C leave

ukvisat2 · Post by **ukvisat2** » Sat Nov 02, 2019 8:48 am

Zimba wrote: ↑
Wed Oct 30, 2019 3:49 pm
Choose YES, say you are under Section 3C leave

Thank you for your reply.

1. It does not give me any option to include details.

2. Another question is about my BRP. Nowadays, HO does not take original documents. So, I have my BRP with me. How shall I answer the following question?

Are you able to provide a biometric residence permit (BRP) card with this application? (Required)

This is a card with your name, date of birth, nationality and picture. It describes your entitlement to be in the UK. You might not have a BRP card. Select 'No, I do not have a BRP for my most recent leave' if you do not have this card.

Yes

No, my BRP is lost or stolen

No, I have already sent my BRP to the Home Office

No, I do not have a BRP for my most recent leave

3. Since my tier 2 entry clearance issue date is 01/12/2014, can I apply to vary my extension application to ILR tonight (3/11/2019) or tomorrow night (4/11/2019)?

aman90 · Post by **aman90** » Sat Nov 02, 2019 11:26 am

1. Then don’t. Bizarrely, you did say it asked for details of the reason in ur earlier post.

2. You provide a scanned copy of the BRP to HO by uploading it to UKVCAS. So YES.

3.Tonight is fine.

ukvisat2 · Post by **ukvisat2** » Tue Nov 05, 2019 11:36 am

Thank you for your applications. I note that you would like to vary your leave to remain application to indefinite leave to remain.

Your application reference number - XXX has you and your 2 dependants applying for further leave to remain (FLTR) in the United Kingdom.

Your application reference number - XXX with yourself only, you are applying for indefinite leave to remain (ILR) in the United Kingdom.

As yet you do not qualify for ILR as you entered the UK on the 11 January 2020 so therefore you have not yet completed your 5 years in the United Kingdom (UK). The earliest you can apply for ILR is 28 days before your full 5 years are completed and this is taken from the date you entered the UK. .

Your current leave expired on the 14 September 2019. Would you like me to continue to consider your FLTR application and withdraw your ILR application?

What should be the response for this?
My tier 2 entry clearance was issued 01/12/2014. Why is the caseworker considering from visa entry date?

Please response it is urgent!!!

CR001 · Post by **CR001** » Tue Nov 05, 2019 11:42 am

Topics Merged!!! (click to read forum rule on multiple topics)!!

ukvisat2 · Post by **ukvisat2** » Tue Nov 05, 2019 11:53 am

Thank you for your email.

My Tier 2 entry clearance visa was issued on 01/12/2014, so I am eligible for ILR on 03/11/2019 up to 28 days before the 5th anniversary in the UK as stated on recent guidance

“The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation “

https://assets.publishing.service.gov.u ... 9.0ext.pdf

Do you think my above response will be sufficient?

ukvisat2 · Post by **ukvisat2** » Tue Nov 05, 2019 12:02 pm

Any moderators, please help in drafting a response to this email. Many thanks!

aman90 · Post by **aman90** » Tue Nov 05, 2019 1:14 pm

It’s not January 2020 yet? Is this ur typo or HO?

You’ve already drafted a pertinent response.
Though HO must hold ur immigration history.. do you have evidence of ur initial visa? Send that with it.

ukvisat2 · Post by **ukvisat2** » Tue Nov 05, 2019 1:31 pm

aman90 wrote: ↑
Tue Nov 05, 2019 1:14 pm
It’s not January 2020 yet? Is this ur typo or HO?

You’ve already drafted a pertinent response.
Though HO must hold ur immigration history.. do you have evidence of ur initial visa? Send that with it.

Thank you for your reply. This is a typo in the email. This should be January 2015.

I haven't attached my first BRP in my reply, however, explicitly mentioned my entry clearance issued date.

I hope my reply makes sense to the caseworker.

Fingers crossed.

aman90 · Post by **aman90** » Tue Nov 05, 2019 2:31 pm

my response would have been that it would be impossible for me to have entered on 11 Jan 2020 as a time machine has not been invented as per my knowledge.
Good luck. It’ll work out.

ukvisat2 · Post by **ukvisat2** » Wed Nov 06, 2019 10:42 am

aman90 wrote: ↑
Tue Nov 05, 2019 2:31 pm
my response would have been that it would be impossible for me to have entered on 11 Jan 2020 as a time machine has not been invented as per my knowledge.
Good luck. It’ll work out.

The caseworker apologised for the oversight and finally granted my ILR using a super-priority service. However, my dependent applications using standard services are still pending.

What happens next for dependent applications? Will they ask us to pay more IHS charges as they will now be granted 3 years leave to remain?

I would like to thank you to the creator of this platform and thank you to all the moderators and contributors especially CR001, Zimba, CULLINAN, aman90, ...!

Immigrationboards.com: Immigration, work visa and work permit discussion board

Urgent reply to HO - vary tier 2 to ILR

vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Re: vary tier 2 to ILR - confused about biometric dates

Set (O) form questions: Varying Tier 2 to ILR

Re: Set (O) form questions: Varying Tier 2 to ILR

Re: Set (O) form questions: Varying Tier 2 to ILR

Re: Set (O) form questions: Varying Tier 2 to ILR

Re: Set (O) form questions: Varying Tier 2 to ILR

Re: Set (O) form questions: Varying Tier 2 to ILR

Urgent reply to HO - vary tier 2 to ILR

Re: Urgent reply to HO - vary tier 2 to ILR

Re: Urgent reply to HO - vary tier 2 to ILR

Re: Urgent reply to HO - vary tier 2 to ILR

Re: Urgent reply to HO - vary tier 2 to ILR

Re: Urgent reply to HO - vary tier 2 to ILR

Re: Urgent reply to HO - vary tier 2 to ILR

Re: Urgent reply to HO - vary tier 2 to ILR