varying application after upper tribunal decision

[migrant80]

hi
if upper tribunal ask home office to reconsider the tier 1 application mean time applicant has completed 10 yrs in uk.

does it still consider as an undecided application?and does it can be vary into ILR application?

in guidance it says application date will be of the first application but applicant has completed 10 yrs after first application and then send a request to vary.so what will be about validity of ILR application?

if anyone knows please reply. kind regards

[red scorpion]

this info was discussed in another post.i am just pasting info.


by Olasunkanmi » Sun Feb 16, 2014 8:59 pm
@ kashifaariz, it depend on the appeal decision. If your appeal was allowed and the judge rule that your application remain pending/outstanding to be decided, then yes you can VARY the application at that stage. This decision make your application to be outstanding as the initial decision was quash by a judge thereby making your application to not been decided yet.

If the judge decision is for HO to re-consider your application, then you wont be able to VARY the application as decision has been made and only waiting a reconsideration of the initial decision.

And if appeal was allowed for visa issuance, then you will have to wait for your visa before submitting another application for a different category.
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Olasunkanmi
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