Tier 1 extension not decided yet, ILR period query

[Fifty5]

Hi,


I have no gaps in my 10 years completing 10th october
I submitted my tier 1 application few months back, in March 2016.
My solicitor suggests to wait till the
10th october, to go fr premium ILR Appointment.
He says that as my application is pending. Acc to him its not a good decision to apply 28 days prior to completion of 10 years

What would you all say in this instance.

[aby00156]

If your did not get any decision on your T1 Ent application and the application is still with UKVI then you can differ your application to ILR 28 days prior to your completion of 10 years. There should be no problem if you wishlist you have met the other ILR requirements.

[Fifty5]

Thanks for your reply,
So does this apply to the premium service appointment too
Or i can only differ by making an application by post

[zimba]

You can vary the application to ILR if your application remains undecided by the end of the week as you become eligible for ILR.
Unfortunately you cannot vary it via a premium service as your extension was a postal one.

[sm12]

Can one go for premium service for ILR based on Tier 1 Entrepreneur?

[Mrchaany]

not at tier 1 entrepreneurs five year ILR

[zimba]

Can one go for premium service for ILR based on Tier 1 Entrepreneur?

Not for 5 year settlement.

[JamesBlack]

@Zimba
This is bit conflicting
Quite a many people have varied to SetLR within 28 days ofor completing 10 years via same day premium service When their previous postal extention application was pending decision.
Didn't got same day decision as their passportsite were with differentdepartments but we're later approved within 2 weeks generally.
So any specific guidance that says can't vary to same day premium service if previous visa application was postal and in process? ??
Regards

[JamesBlack]

@fifty5
Your application in march was tier extension application or initial tier 1 application?
Any interviews?
When we're biometrics submitted?
Regards

[zimba]

@Zimba
This is bit conflicting
Quite a many people have varied to SetLR within 28 days ofor completing 10 years via same day premium service When their previous postal extention application was pending decision.
Didn't got same day decision as their passportsite were with differentdepartments but we're later approved within 2 weeks generally.
So any specific guidance that says can't vary to same day premium service if previous visa application was postal and in process? ??
Regards

You need to vary your application first to ILR and then upgrade your application to a premium one with a request: https://www.gov.uk/government/publicati ... quest-form

[JamesBlack]

@Zimba
Thanks for sharing
I do know that.

But what I am saying is that
So many have varied to SET LR via same day service with 28 days while their previous postal application was pending decision

[zimba]

@Zimba
Thanks for sharing
I do know that.

But what I am saying is that
So many have varied to SET LR via same day service with 28 days while their previous postal application was pending decision

And who are those Tier 1E applicants who have done that ??

[Fifty5]

@zimba, thanks for ur reply

@jamesblack - my application was tier 1 extension
No interview
Biometrics was done in april 2016

[Fifty5]

If your did not get any decision on your T1 Ent application and the application is still with UKVI then you can differ your application to ILR 28 days prior to your completion of 10 years. There should be no problem if you wishlist you have met the other ILR requirements.

I want to go for a premium service. If i just book an appointment, will UKVI automatically stop processing my previous application?

[Fifty5]

You can vary the application to ILR if your application remains undecided by the end of the week as you become eligible for ILR.
Unfortunately you cannot vary it via a premium service as your extension was a postal one.

So if i book a premium service, i loose all previous fee paid cz i am not able to vary it?

[JamesBlack]

@fifty5
by booking premium service, previous application continues to be active until the day candidate goes in and request the variance.
No, you do not loose fee just by booking premium service appointment.
if the case isn't decided by the time one attends the same day service then mostly they arrange a refund which takes up to 90 days, both visa fee and IHS charges. The refund is only given when same day application is successful. Imp: "refund not always guaranteed"
Because the passports and other documents like English language certificate etc are with Tier 1 team therefore the decision is not granted. Case worker requests from relevant department which usually takes 3 working day and then only the start deciding application.
i am no expert its, just that what i have learnt through reading numerous relevant posts on immigration board

[JamesBlack]

@zimba few of my mates on Tier1 General ILR to SET LR &
on Tier 1 Entrepreneur initial(not extension) to SET LR
also on FLR FP, Student visa.
but for further clarification i humbly request if there is such guidance by UKVI for Tier 1 Entrepreneur extension applications not to pursue with same day Long residence Variance applications.
Regards

[Fifty5]

Hi,

like i mentioned before i have completed my 10 years
i want to book a premium apptment for ILR & my application fr tier 1 extension is already at the home office, i rang the helpline and the status is "not complete".
I do not have all the information eg travel history to fill my ILR form - i do know most of it but some dates might not be very accurate. this is because all my passports are with them & als0 my degree & transcripts are with the ukvi

what shall i do ?

[Fifty5]

also @zimba yoy adviced me to put a postal variation application

i am considering doing that. can you please help me out with that.

do i use the normal ILR long residency form.
and do i mention in the cover letter that i do not remember exact travel history and my
other documents are already with ukvi

appreciate your help

[zimba]

also @zimba yoy adviced me to put a postal variation application

i am considering doing that. can you please help me out with that.

do i use the normal ILR long residency form.
and do i mention in the cover letter that i do not remember exact travel history and my
other documents are already with ukvi

appreciate your help

If you have an application pending decision, any new application will be considered a variation of the previous one. So apply for ILR as normal and with the relevant documents required for ILR. You will be contacted to pay the different of the fees.
Source: https://www.gov.uk/government/uploads/s ... es-v18.pdf

I have also heard that it is possible to vary your application at the premium appointment for 10 year ILR however the decision will not be made on the same day as your documents need to arrive.