ILR Eligibility and Varying current application

[prince1996]

Hi All,

First of all, thank you for your kind advise on various immigration enquiries and this forum being very helpful and I am hoping I also get an advise that I am seeking:

I will first explain my timeline:

20/02/2017 – Entry clearance on Tier 2 ICT Visa

20/10/2018 – In country - I applied for PBS Dependent (partner) visa – Switching category (T2 ICT to T2 PBS Dependent Partner Visa)

19/12/2018 – PBS Dependent partner (Visa) approved until 20/07/2023 – in line with the main applicant expiry date

20/07/2023 – In country – Standard PBS Dependent Extension visa application made (since my wife applied for her ILR under Tier 2 route) - Not given biometrics yet and awaiting decision.

26/08/2023 (today) – Main Applicant ILR visa approved

Question. I understand that I am not eligible to make an ILR application until 18/11/2023 (28 days before the 5 years qualifying period). I have another month that I can delay my biometrics (until 20/09/2023).

However, I still need at least another two months before I become eligible to vary my PBS dependent to ILR (Set O) as a dependent.

Q. Can anyone advise me if I can vary my application with another PBS dependent application after giving biometrics on my current application to buy time?

Also, can I vary with ILR (Set O) application when I reach 18/11/2023 (which means varying twice)?

[zimba]

It seems you do not understand what varying means. You cannot make the same visa application again, that is not a variation of leave as you are not varying anything. You may vary the current visa application to ILR as that is a different leave, hence varying the application. Note that a standard application can take several weeks to be decided giving you extra room.

[prince1996]

Zimba, thank you for clarifying as i am not aware of the rules.

Please clarify below:

In case of varying my current application with ILR, do i have to wait until 18/11/2023 to make a new application (assuming no decision was made on my current application) or can i vary before above date and give biometrics after this date?

Thanks again for your valuable inputs, thank you

[CR001]

20/07/2023 – In country – Standard PBS Dependent Extension visa application made (since my wife applied for her ILR under Tier 2 route) - Not given biometrics yet and awaiting decision.

You do realise you only have 45 days from date of application to enroll your biometrics before your applications is rejected/refused as invalid for not enrolling biometrics.

Also, your PBS Dependent visa only starts getting processed/worked on after you enroll biometrics and after the main visa holders gets ILR.

[zimba]

To add to what Char said regarding the Biometrics, note that if you do not enrol your biometrics within 45 days, your application will be rejected as INVALID. If an application is rejected as invalid, then it is treated as if it was never made. Therefore there are no Section 3C protections. So you will be assumed overstaying since your visa expiry which is 20/07/2023.

It seems you have around two weeks to either enrol your biometrics or vary your application. You will not qualify for ILR until November so I suggest getting on with the extension application for now. There is no way to buy time until November unless you want to make vexatious immigration applications on different routes and pay for them