Varying the application

jjrajesh · Post by **jjrajesh** » Thu Jul 21, 2011 10:45 am

Hi,

I applied for Tier 1 prior to April 6 and still waiting for the result. Meanwhile, my leave to remain expired and 3c in force.

Now my company wants to sponsor me and asks me to vary my application to Tier 2 (in-country).

I need clarifications regarding the following issues....

1. Is it ok to vary the application while section 3c in force?
2. If variation is allowed, what is the procedure?
3. Should I use the Change of Circumstance form?
4. Will it affect my ILR application in future though I have applied for tier 1 prior to April 6, 2011?

I request senior members to to give me guidance.

Thanks and regards.

jjrajesh · Post by **jjrajesh** » Thu Jul 21, 2011 1:40 pm

Hi,

I am not able to get any clear message from the previous posts, please someone clarify.

Post by **vinny** » Thu Jul 21, 2011 1:47 pm

See also Update.

jjrajesh · Post by **jjrajesh** » Thu Jul 21, 2011 9:27 pm

Hi,

Thanks Vinny, could you please clarify whether varying the application from tier 1 to tier 2 will affect my ILR application in future taking into account my date of application is April 02, 2011?

Please respond.

Thanks.

Post by **vinny** » Fri Jul 22, 2011 2:17 am

Why do you think that future ILR applications will be affected?

jjrajesh · Post by **jjrajesh** » Fri Jul 22, 2011 8:39 am

Hi Vinny,

Thanks for the link, but it is still not clear whether I can vary my application when 3c is in force. Please clarify.

Regards.

Post by **vinny** » Fri Jul 22, 2011 10:25 am

Yes, you can.

jjrajesh · Post by **jjrajesh** » Fri Jul 22, 2011 2:28 pm

Hi Vinny,

Thanks for the confirmation.

Regards.

jjrajesh · Post by **jjrajesh** » Sun Jul 31, 2011 7:12 pm

Hi Vinny,

When varying the application, should I attach a change of circumstances form?

Regards.

Post by **vinny** » Mon Aug 01, 2011 12:20 am

No idea, sorry. There probably isn't any harm in attaching it. You should probably make it clear in a covering letter that you are making a variation application.

jjrajesh · Post by **jjrajesh** » Tue Aug 02, 2011 11:18 am

Hi Vinny,

Thanks for the document, it was really helpful.

Sameway, could you please tell me where I can find information regarding the UKBA decisions on applications delayed by more than 3 months and new evidence is applicable?

I could send only 10 payslips with my original application before April 6, now the UKBA decision is delayed by more than 3 months, can I send May and June payslips before they decide on my Tier 1 Gen visa?

Regards.

Post by **vinny** » Tue Aug 02, 2011 11:42 am

I think that new evidence may be submitted when you're varying an application, else it wouldn't make sense.

jjrajesh · Post by **jjrajesh** » Tue Aug 02, 2011 12:59 pm

Hi Vinny,

If I dont want to vary my application from tier 1 tier 2, and stick to tier 1, will my extra payslips be taken into account due to the late decision beyond 3 months by UKBA?

Regards.

Post by **vinny** » Tue Aug 02, 2011 1:14 pm

I think that it should also be possible to vary an application within the same category.

jjrajesh · Post by **jjrajesh** » Tue Aug 02, 2011 1:59 pm

Hi Vinny,

Since the UKBA guidance talks about the specific application form when varying the application, we can presume that varying is only possible from one category to another.

But according to section 18.2, when the delay is more than 3 months, new evidence should be applicable.

Please suggest.

Regards.

Post by **vinny** » Tue Aug 02, 2011 3:18 pm

jjrajesh wrote:Since the UKBA guidance talks about the specific application form when varying the application, we can presume that varying is only possible from one category to another.

I don't think that's a correct inference.

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Varying the application

Varying the application