Amendment while on section 3C leave

[flicy10]

Hi everyone,

I am currently on Tier 2 visa which expired on Sept 9th. I submitted a FLR FP application before my T2 expired and now I want to change this to T2 extension as my situation has changed.

Since I'm currently on section 3C leave, should I mention in my cover letter that I want to "amend" my application instead of "vary" my application? I am asking as section 3C(4) states that one may not make an application for variation but section 3C (5) allows one to amend the existing application. Please can someone advise me regarding this. Many thanks.

[seagul]

Since I'm currently on section 3C leave, should I mention in my cover letter that I want to "amend" my application instead of "vary" my application?

You cannot amend rather can vary it to back to tier 2 category for which you have to apply as normal through UKVCAS and should attach the covering letter along with other documents that you are varying your application.

[flicy10]

Yes, that is what I'm doing now. I have submitted another application and am writing the cover letter.

I'm just a bit uncertain about what term to use in my cover letter as section 3C is a bit confusing. Section 3C (4) states that one may not make an application for variation when on 3C leave, while section 3C (5) allows one to amend the existing application. Please refer to page 9 of the following guidance.
https://assets.publishing.service.gov.u ... 9.0ext.pdf

My question is, should I use the term "amend" or "vary" in my cover letter in this case? Or it does not really matter as the caseworker would know what I mean?
Thanks.

[seagul]

My question is, should I use the term "amend" or "vary" in my cover letter in this case? Or it does not really matter as the caseworker would know what I mean?
Thanks.

Vary. Caseworker should be aware

Variation of an application for leave: example scenarios
An application can only have one application outstanding at a time, except for one
very specific exception as set out in example scenario 4 below, and where one
application is a human rights or protection claim. See: Varying an application for
leave to remain. When an applicant submits an application for leave followed by
another application for leave, the second application will either be a variation of the
first application, or a new application. The examples below explain how this works.

Example scenario 1
An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the
applicant transitioned to 3C leave.
As the applicant transitioned to 3C leave and a decision has not yet been made on
application A, application B is automatically considered as a variation of application
A. The date of application is the date application A was submitted.

Example scenario 2
An applicant submits application A in time. They then submit application B before
application A has been decided, whilst they still have extant leave.
An applicant cannot be granted more than one type of leave at a time. Where 2
applications have been submitted whilst the applicant has extant leave, the second
application will be considered as a variation of the first application. The date of
application is the date application A was submitted.