TWO APPLICATIONS OF VARIATION OF LEAVE AT THE SAME TIME

Is it possible to make two applications to the UKBA at the same time when substantiate leave to remain is available ?

I would be really grateful if some one in the forum answers this question.
This information can help a lot of immigrants as in some cases UKBA decides on the application after the current leave to remain expires.

Thanks & Regards
Ash

Yes.

Thanks a lot Vinny,

I had actually gone through the same section 3.1 yesterday and it appeared to me that more than 2 applications are technically possible.

However in my case I have applied for ILR and decision is pending.
I am thinking of applying for Tier 1 extension before my leave expires.

The only question is the INTRODUCTION in link attached talks about extension of leave until after the period of leave has expired.

Can ILR be considered as extension of leave ????

Once again thanks a lot. I have spent 2 complete days in re searchng a bit on this.

Hi Vinny,

The legislation talks about Variation of leave under section 3C.

However point no 4 prevents one from applying for variation of leave once 3C is in force. In my case 3C is nt applicable yet as I still have valid leave.

However point no 5 is confusing for me and difficult to interpret. My interpretation is 5 talks about variation of application from ILR to LTR once 3C is in force.

Kindly advise !!!

Once again thanks a lot.

http://www.legislation.gov.uk/ukpga/1971/77/section/3C

Hi Vinny,

Variation of leave Definition : My interpretation is ILR is Variation to leave -- Pls see last paragraph of section 5 in following link.

If this happens then technically looks like 2 applications can be done at same time.

Your interpretation is highly solicited on the subject matter.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You may vary an application before a decision. See also Another secret policy.

However, if you vary an application from ILR to FLR (limited leave), then ILR application may not be considered.

Do you think that you're not eligible for ILR?

Hi Ashmad, Vinny
As your ILR is under processing , if you apply for T1 extension which one will be given priority ?
I believe you are doing this to be in safe side just in case if your Ilr gets rejected ( I pray that not to happen). If the Ilr gets rejected and your tier 1 visa is expired at that time , can you not get chance to extend t1 ?


I have my Ilr appointment on Friday and my t1 expires on 29th march. I have long absence and not able decide to go with Ilr or t1 extension

Hi Ranga,

From what I read in Section 3.2 of section 3C, I can intrepret that once the current leave expires until a decision is made on a pending application you wont be considered as overstayer. Conditions attached to the previous leave continues until a decision is made.

If there is a refusal then you get a right of appeal. If you fail to appeal within 10 days of notice then you can still lodge an appeal but with permission to do so since you did not appeal within 10 days. If nothing is done from your end then you have no option but to leave UK. If you don't leave UK within 28 days then you become an overstayer and commit immigration offence and you wont considered for naturalization ever.

However if you lodge your appeal in time within 10 days of notice then your conditions attached to the expired leave continues under 3C until a decision is made on the appeal. During this time you can not apply for variation of leave and if you want to do so then that would be a part of appel.

If appeal is successful you will be granted a leave.

If appeal is unsuccessful then I guess the only option is to appeal further say JR.

Can 3C continues until JR is concluded ?????

This is my interpretation of all the policy docs I have read so far.

However it is my sincere appeal to all the learned members in the forum for eg SUSHDMEHTA, JAMI, GREENIE, CASA and VINNY to render their advise on the subject matter. My apolgies if I have missed other learned members who know immigration law.

I think this will be of help to all the immigrants who are caught in UKBA web wherein UKBA decides on an application once the leave to remain has expired.

Thanks & Regards
Ash

Hi Vinny,

If two applications are made before the current leave to expire then as per 3.1 both the applications needs to be decided at the same time.

I presume that the application for Tier1 Extension (Say PEO service )won't be considered as variation of leave since the applicant still has valid leave remaining and 3C is till not triggered.

Request you to kindly advise if this is correct.

Thanks & Regards
Ash

I believe that all leave to remain applications are considered as applications for variation of leave (31-33A).

Thanks Ash for the detailed explanation. So this means that if ILR gets rejected after current T1 visa expries, only way to apply for T1 Visa extension is with the appeal.

Hi all,

What if someone gets (FLR) extension first and file ILR application next, within the current leave to remain validity??? or he has to wait until his current leave to remain expires???

nsm2010