VARYING ILR APPLICATION

Hi,
I came to UK on 05-11-2016 on Tier-2 General Dependant Visa. My current PBS dependent visa expired on 17-09-2021, so, I have submitted PBS dependent visa extension application to UKVI on 16-09-2021 (one day before the expiry date). I have booked appointment to provide biometrics next week, so, waiting for the decision on current application.

Now, I have realised that I will be completing 5 years in the UK in next 17 days. So, the question is whether i am eligible to apply for ILR while my current PBS dependent visa application is waiting for decision.

Appreciate your valuable inputs...

Thanks

What is the status of the Tier 2(General)/Skilled worker holder?

Hi Vinny,

My husband granted ILR in 2018 from Tier-2 General and then now British Citizen

Thanks

If you have met the KoLL requirements, etc., and your husband was not granted ILR under Long residence, then you may vary your application to SET(O), preferably after your biometrics?

vinny wrote: ↑

Tue Oct 19, 2021 10:29 am

If you have met the KoLL requirements, etc., and your husband was not granted ILR under Long residence, then you may vary your application to SET(O), preferably after your biometrics?

It is accepted that biometrics are necessary to make a SW extension application valid. In the link provided under "preferably after biometrics" Cullinan categorically states that only valid applications can be varied. You use the word preferably.

Would it be possible to clarify whether an extension application could in fact be varied, say to an ILR application, before the biometrics appointment provided the applicant in the 2nd application does give the necessary reference to the first application and writes a cover letter confirming the intention to vary?

It is common ground that applications can only be varied before the decision. However, the decision can be made any time after biometrics have been provided and this introduces uncertainty about the feasibility of making the application to vary at that stage.

I think Cullinan’s advice to complete the pending extension application’s biometrics is probably safest. There is a danger that they may consider an invalid application as if there was no application. Then there may be nothing to vary.

See also Das (paragraph 276B – s3C – application validity) Bangladesh [2019] UKUT 354 (IAC).

How new visa rules on invalidity will create more overstayers

Mirza may provide a way out if the application is invalid only after the biometrics failure. However, it’s unclear if such an application may be varied?

Keeping things simple is probably best?

Hi,

I have passed LIUK test now and started writing my ILR application to vary PBS dependent Visa extension application which is still with Home office and yet to receive a decision. Submitted biometrics for PBS dependent Visa extension application on 26-Oct-2021.

Just want to double check , is it okay to Vary current PBS dependent visa extension application to ILR?

Also, couple of questions in the ILR application form that i need to help to answer.

Do you have a 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?

Thanks in advance

Variation is possible. Mention that you have a pending application and you are varying

Hi,

I have applied for ILR application varying my PBS-Dependent extension application, but the decision of PBS Dependent extension application was made already and I received new BRP. I think, I have made a mistake of delay in submitting the ILR application to vary my PBS dependent extension application.

I am bit confused what to do with this ILR application?

I guess, I can't update it now with new BRP / permit details. If I continue with it, the details in the application are out of date as the new BRP card is issued

It would be a great help, if someone can guide me

Thanks in advance

Hi,

Just wondering , if anyone could help here..

It does not matter. You can still go ahead with your ILR

Thanks Zimba,

you mean that the ILR application which was submitted already to varying my PBS dependent extension is still safe to go with? or will it get rejected?

I have to book for biometric appointment before 24th Jan

My doubt is , ILR application submitted before I received new BRP card and will not have these details?

Thanks in advance..

You can choose to withdraw this application and apply for a new one if you want

CHRONOLOGY
16/09/2021 PBS dependant visa extension application submitted
26/10/2021 biometrics submitted
(15) November 2021 PBS dependant visa extension granted but BRP not yet received
(20) November ILR application submitted varying the PBS dependant visa extension application
(30) November 2021 BRP for PBS dependant visa extension received
January 2022 biometric appointment to be made for ILR application

As no decision has been made yet on your ILR application it could be varied by making a new application.

However, as only the following changed in the ILR application you submitted:
1. there is no longer a pending application
2. the BRP details and your current status
(check if there is anything else)
I suggest it may be sufficient to write a cover letter explaining the changes and upload it but, if that is no longer possible, upload it at the forthcoming biometric appointment