Legitimately switch from Tier 2 extension to SET O
Posted: Sun Jun 09, 2019 1:14 pm
Hi,
Thank you to the valuable expertise of the contributors on this forum. I need some advice too now!
Context:
My current Tier 2 Leave to Remain (LTR) visa expired on 06/06/2019. I have submitted and fully paid for an in-time application to extend my Tier 2 with my new COS which will give me LTR until December 2020. My appointment at UKVCAS is on 15/07/2019 for this.
However, I can also apply for SET O (based on 5-years continuous Tier 2 work visa) on 04/08/2019 (I was first granted Tier 2 LTR on 04/08/2014). I meet the salary threshold for this and have a letter from my employer saying they still need me. The SET O application start page says an application can be made no earlier than 28 days in advance, which is 07/07/2019.
Question:
Can I "vary" my Tier 2 extension by going online and submitting a SET O application, as soon as I'm eligible to apply, on 07/07/2019? Doing this would give me the peace of mind of having ILR finally, and would help me save £1300 (700 for the Tier 2 application fee and 600 for 1.5 years of IHS), assuming I can get a refund for this.
I have read various GOV.UK guidance but the wording has left me confused, especially page 9 of:
https://assets.publishing.service.gov.u ... 9.0ext.pdf
Thank you to the valuable expertise of the contributors on this forum. I need some advice too now!
Context:
My current Tier 2 Leave to Remain (LTR) visa expired on 06/06/2019. I have submitted and fully paid for an in-time application to extend my Tier 2 with my new COS which will give me LTR until December 2020. My appointment at UKVCAS is on 15/07/2019 for this.
However, I can also apply for SET O (based on 5-years continuous Tier 2 work visa) on 04/08/2019 (I was first granted Tier 2 LTR on 04/08/2014). I meet the salary threshold for this and have a letter from my employer saying they still need me. The SET O application start page says an application can be made no earlier than 28 days in advance, which is 07/07/2019.
Question:
Can I "vary" my Tier 2 extension by going online and submitting a SET O application, as soon as I'm eligible to apply, on 07/07/2019? Doing this would give me the peace of mind of having ILR finally, and would help me save £1300 (700 for the Tier 2 application fee and 600 for 1.5 years of IHS), assuming I can get a refund for this.
I have read various GOV.UK guidance but the wording has left me confused, especially page 9 of:
https://assets.publishing.service.gov.u ... 9.0ext.pdf
A variation application can seek to vary the:
• length of time for which the person is permitted to remain in the UK
• the condition attached to the leave
• the purpose for which the person is permitted to remain in the UK
While the person’s leave is extended by section 3C they cannot make a new
application for variation of leave. This is because Section 3C (4) states:
‘A person may not make an application for variation of his leave to enter or remain in
the United Kingdom while that leave is extended by this section.”
However, section 3C (5) does allow the person to amend their existing application at
any time before it is decided by the Secretary of State. The application to amend the
existing application has to be a valid application. Where there is a difference in the
fee between the initial variation application and the amended application any
additional fee must be paid.
