ILR 10 years long residency

[cheeta]

I submitted Tier4 (General) application on 24th January 2013, this application was pending with UKBA under 3C and I completed 10 years lawful residence in UK. Therefore, on 16th March 2013, I made a request to Secretary of State to vary the grounds of my Tier 4 (General) Migrant application with SET (O) application for Indefinite Leave to remain in UK on the basis of 10 years lawful residence. I have also enrolled my bio metrics in the Post office for ILR application on 4th April 2013.

On 24th April 2013 my Tier 4 (General) application was refused by the case worker though I had already completed 10 years and varied this application with SET O. I was advised by solicitor to appeal against this decision to be on the safe side, so I did and appeal is pending in the court.

Now I seek your advise that this decision of UKBA on my Tier 4 general application will affect my ILR application? as the decision was made 5 week after I completed 10 years in UK.

Kind regards,

[Amber]

A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

[vinny]

What is Tier 4 (General)?

If the OP had varied the initial application to Long residence prior to the decision, then the refusal may be on the wrong grounds?

[Amber]

Perhaps, though the OP appears to have paid the full set(o) fees (on top of the PBS) so I'm not quite sure what s(he) did. Perhaps it's wise to send proof of postage for the set(o) application to the appeal and ask that his request for variation is considered rather than the PBS application?

[vinny]

Yes. That's probably best. Send only copies of original documents to the appeal. Save the original documents for the hearing.

[Tier 4]

Perhaps, though the OP appears to have paid the full set(o) fees (on top of the PBS) so I'm not quite sure what s(he) did.

So is it compulsory if someone varies his application he has to pay the difference only not the full amount? Otherwise the 2nd application will be considered as new application not variation?

[Amber]

The fact the full fees were debited would indicate that the application was not considered as a variation.

[vinny]

A member on another forum stated that an applicant had varied an application to ILR. The UKBA initially debited the full fees. However, after the variation was successful, the UKBA made a refund.

[Amber]

That appears contrary to the guidance Vinny, in doing so where the applicant has expressed a desire to vary, may be unfairly disadvantaging those with limited funds.