tier4 to set LR application before decision

Hi everyone
i applied as tier 4 and after 2 months my 10yr long residence is due.
im planning to submit my LR application 28 days before my 10yrs due and before the decision of my tier 4 application
as i dont want to risk the decision on my tier 4 application
but on the SET LR form when it comes to not submitting the passport along the application there are only 3 options which are
1. lost 2. stolen 3. expired returned for renewal. no option that its been sent to HO.
my friends lawyers told me i cannot submit my set LR application without passport it will be refused.
and asked me to wait for the decision say if they refuse then they wont return my passport anyway so im very confused
kindly suggest me what to do ?

thanks for reading.
Amir Abbasi

Your friend lawyer is wrong.
Yes you can vary your Tier 4 application into Set (LR) application. All you need to do is to write a detailed covering letter about varying of your application and explain that HO has not yet decided your case on your initial application so now you are eligible for ILR so you varying your application and also write that the reason you are not submitting your passports and biometric residence card (if any) because your have outstanding application with HO.
I have varied my application into ILR this march and HO acknowledged my variation.

I think you don't have to wait and send your application as soon as possible. With addition to ILR application an covering letter, you need to send life in the uk pass certificate and English degree/ certificate to claim language points.

If you do need explaination or help, pm me and I will be happy to do that.
Regards

thanks for your reply brother.
so its ok to apply for LR 28 days in advance while my tier 4 application is still with HO.
i got valid IELTS and Life in Uk test.
now the covering latter what main points should i write in it.
thanks for your advice.

Hi
I just sent you PM.
Check it plz

Regards

thank you so much ill check it later tonight.

hi brother Khan
Thanks for providing valuable information to the board members. Can I ask you 2 things about vary application?

1.Did you pay the fee difference when you applied for variation of leave or you paid full fee again and asked for refund previous fee?
2.Can we vary our application 28 days before we qualify for 10 year residency?

Please clarify these two queries because i am sailing the same boat and applying ILR shortly.

Thnx

Can some experienced board member answer my queries please?
Is anyone out there?

THNx

khan_81 wrote:Your friend lawyer is wrong.
Yes you can vary your Tier 4 application into Set (LR) application. All you need to do is to write a detailed covering letter about varying of your application and explain that HO has not yet decided your case on your initial application so now you are eligible for ILR so you varying your application and also write that the reason you are not submitting your passports and biometric residence card (if any) because your have outstanding application with HO.
I have varied my application into ILR this march and HO acknowledged my variation.

I think you don't have to wait and send your application as soon as possible. With addition to ILR application an covering letter, you need to send life in the uk pass certificate and English degree/ certificate to claim language points.

If you do need explaination or help, pm me and I will be happy to do that.
Regards

Hi Khan_81
What is your update now? Did youget your ILR? What was the visa category you varied your application from? Did you vary your application before or after submitting biometric ?
Regards Joanie