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Varying my ILR application Query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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PoolX1
Newly Registered
Posts: 18
Joined: Thu Nov 24, 2016 11:26 am

Varying my ILR application Query

Post by PoolX1 » Tue Oct 01, 2019 3:11 pm

Hello Gurus,

I was wondering if you guys could help me clarify a couple of things. I have tried my best to search for the answer in this forum in order to avoid duplicating this question but I couldn’t find anything related to my situation. Apologies in advance if this has been answered here before.

Basically I applied for my ILR on Tier 1 Entrepreneur basis on 2nd Sep 2019 and I haven’t heard anything back from them. I know it has been only one month but considering they are taking almost 6 months to decide the application I wanted to clarify some things regarding varying the application. This will help me plan out a couple of very important things.

I first entered the UK on 28th Dec 2009 and I will be completing my 10 years on 28th Dec 2019. In the event of my existing application not being decided by lets say Dec 2019 and should I decide to vary my ILR application using the 10 year basis, can you please answer my following 2 questions below:

Question 1)
How soon can I vary my application? Can I vary my application to ILR ( 10 year basis) 28 days before I complete my 10 years? Please note my existing visa expired on 25th Sep 2019. Does this change anything? Can I still apply 28 days before or do I have to complete my exact 10 years given that visa has expired. I will be applying using the super priority service. Please let me know if I can apply 28 days using super priority service?

Question 2)
Given that I vary my application and if that is successful, will I get refund from Home Office for my initial ILR application which they didn’t decide and I withdrew before varying?

Would really appreciate if you guys can help as this might help me travel somewhere really important in the end of December otherwise I wouldn’t have mind playing safe and waiting till I exactly complete my 10 years.
Thanks in advance :)

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aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Varying my ILR application Query

Post by aman90 » Tue Oct 01, 2019 6:32 pm

PoolX1 wrote:
Tue Oct 01, 2019 3:11 pm

Question 1)
How soon can I vary my application? Can I vary my application to ILR ( 10 year basis) 28 days before I complete my 10 years? Please note my existing visa expired on 25th Sep 2019. Does this change anything? Can I still apply 28 days before or do I have to complete my exact 10 years given that visa has expired. I will be applying using the super priority service. Please let me know if I can apply 28 days using super priority service?

Question 2)
Given that I vary my application and if that is successful, will I get refund from Home Office for my initial ILR application which they didn’t decide and I withdrew before varying?

Would really appreciate if you guys can help as this might help me travel somewhere really important in the end of December otherwise I wouldn’t have mind playing safe and waiting till I exactly complete my 10 years.
Thanks in advance :)
1. Entry date 10th anniversary minus 28 days. Ur expired visa conditions continue as you made an in time application. Ur perfectly legal right now till you complete the qualifying period. Yes you can use super priority.
2. Yes

If you don't have any dependants you should vary ur application.

PoolX1
Newly Registered
Posts: 18
Joined: Thu Nov 24, 2016 11:26 am

Re: Varying my ILR application Query

Post by PoolX1 » Wed Oct 02, 2019 9:25 am

Thanks a lot Aman. So happy to hear this :D I don't have any dependants so will definitely vary my application and go for super priority service within the 28 days if they haven't still decided my application.

Just for my peace of mind, can any other moderator please confirm what Aman said.

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