Vary the existing application

[rubina20102010]

Hi All,

Quick question,

Can we (vary the existing application – FLR(M) to Set(M) ) before a decision?
Did anybody apply this ?

Below is from UKBA site -
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page # - 33

This page tells you the procedures to follow if an applicant seeks to vary the grounds of an
outstanding application before a decision is made on it.
An applicant can vary an application at any time before a decision is made on it. They can
do this if they want to be considered for a grant of leave on a different basis to their initial
application.
If the applicant wishes to vary their leave for a purpose where a specified application form is
required, they must complete the new form and meet all the requirements of paragraph 34A
of the Immigration Rules, for the variation to be valid.
For more information on these requirements, see related link: Specified requirements.
A person who varies their application does not have to pay an additional fee unless the new
ground they want to be considered under has a higher fee than their original application. In
this case, they must pay the difference between the original fee and the new higher fee.

Thanks in advance,
Rubi

[Obie]

You cannot do that, if you are a family member of a PBS migrant, who has resided with the migrant for less than 2 years prior to his application for ILR.

In those circumstance, you will need to first obtain the FLR(M), before you can apply for ILR. You cannot circumvent the rules in that way.

Even if you had clicked 2 years before the decision is made,you still will not be able to vary it, as you will loose your money on the basis that thevapplication is invalid.

[rubina20102010]

Ok - Thanks. got it...

However, I'm very confuse as my husband hasn't completed his 2 years.
Should I go for FLR(M) or PBS dependent for his extension ?

I know FLR(M) route to SET(M)
then what about PBS Dependent , should it route to SET(O)?

Thanks,
Rubi

[Greenie]

On what basis did you get ilr?

[Obie]

As you have secured ILR on the PBS basis, Your husband cannot apply as Dependent of PBS, but FLR(M) as the spouse of a settled person.

Once this has been approved, and provided he has been in the UK for a period of 2 years as the spouse of a PBS migrant and someone present and settled, he will then be able to secure ILR.

[vinny]

As you have secured ILR on the PBS basis, Your husband cannot apply as Dependent of PBS

319C and 319E have been amended to allow applications as a partner of PBS now.

[Obie]

Excellent Vinny. Thanks for pointing this out.

[rubina20102010]

As you have secured ILR on the PBS basis, Your husband cannot apply as Dependent of PBS, but FLR(M) as the spouse of a settled person.

Once this has been approved, and provided he has been in the UK for a period of 2 years as the spouse of a PBS migrant and someone present and settled, he will then be able to secure ILR.

I've called the UKBA today and they told me that my husband should apply for extension using Tier 1 PBS dependent...Is this is right path?

[Greenie]

yes, see vinny's links above.

[rubina20102010]

yes, see vinny's links above.

Thanks Greenie - Than after 3 months once he will eligible for ILR, Tier 1 PBS dependent rote to SET(M) or SET(O) form?

[Greenie]

SET(O)

[rubina20102010]

SET(O)

Thanks Greenie,

Just a simple quick question.

How much time my dependant have to spend in UK in order to apply for his Nationality?

I mean after ILR how much he has to spend to get nationality?

3 years - or 5 years

Thanks,
Rubi

[Amber]

SET(O)

Thanks Greenie,

Just a simple quick question.

How much time my dependant have to spend in UK in order to apply for his Nationality?

I mean after ILR how much he has to spend to get nationality?

3 years - or 5 years

Thanks,
Rubi

12 months after ILR unless married/civil to bc if married/civil p then straight after ILR you can apply plus the residency requirement of:
3 years if married/civil p to bc or 5 years if not.

[rubina20102010]

Hi Guys,

Sorry to incorrupt you again. I’ve applied my husband PBS extension for remaining 3 months as we discussed above. It has been more then 2 and half months and we haven’t received any reply and he is going to complete his 2 years period by the end of this month.

Now, based on current circumstances, Should I vary his existing application (PBS Dependent Extension) to ILR /SET(O) if we wouldn’t receive any response from UKBA in this month as he will compete his 2 years?

Many thanks,
Rubina

[rubina20102010]

Hi Guys,

Sorry to incorrupt you again. I’ve applied my husband PBS extension for remaining 3 months as we discussed above. It has been more then 2 and half months and we haven’t received any reply and he is going to complete his 2 years period by the end of this month.

Now, based on current circumstances, Should I vary his existing application (PBS Dependent Extension) to ILR /SET(O) if we wouldn’t receive any response from UKBA in this month as he will compete his 2 years?

Many thanks,
Rubina

any reply please...........

[vinny]

Now, based on current circumstances, Should I vary his existing application (PBS Dependent Extension) to ILR /SET(O) if we wouldn’t receive any response from UKBA in this month as he will compete his 2 years?

Yes.