32 days to ILR long residence

[Meesha]

Hi,
I am on Tier1 entrepreneur visa and applying for extension in couple of days. My husband is short of 32 days to 10 years on the day our current visa expires. We plan to go for premium service by varying his application after a week of my application.
1. Is it allowed?
2. He is self employed, what documents he should take with him to apply for ILR Long residence or it is not essential?
Thanks for your time

[seasky]

Hi,
I am on Tier1 entrepreneur visa and applying for extension in couple of days. My husband is short of 32 days to 10 years on the day our current visa expires. We plan to go for premium service by varying his application after a week of my application.
1. Is it allowed?
2. He is self employed, what documents he should take with him to apply for ILR Long residence or it is not essential?
Thanks for your time

Is he your dependent? Then until your extension is decided (either way) he has 3C leave, basically automatic extension of his previous visa. As such he can wait and vary his application

[Meesha]

Thanks a lot. Yes he is dependant. One solicitor told us that he cant apply as long as my application is not decided. And 28 days rule is for those who still have valid visa during those 28days.
Is it correct? I have not read anything like this in policy guidance. Everywhere it is said 28days to 10 years without any terms and conditions.
Please advise me.

[CR001]

If your husband is applying for Tier 1 Ent dependent extension visa with you, his existing visa conditions continue under Section 3C even if his visa expires during the process.

Once he gets to WITHIN 28 days of reaching 10 years long residence, he can apply to vary his application to Set(LR). There are terms and conditions to apply for ILR, he must have legal stay, which he will have under Section 3C because he has an existing application with HO.

Your 'solicitor' is wrong. His ILR LR application has nothing to do with your extension application. They are separate application with different rules.

[Meesha]

Hi CR001,
How section 3C (4) and section 3C (5) differs

Can you please avise me about following.
Section 3C(4) of the 1971 act prevents the applicant from making a new application for a variation of leave while they have 3C leave. This means if an applicant with 3C leave submits a new application, you can automatically consider this to be void.

However, section 3C(5) of the 1971 act allows an applicant with 3C leave to vary their application at any time before it is decided. This means they can ask for their application to be considered on different grounds to their original application.

3C Continuation of leave pending variation decision

(1)This section applies if—

(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

(4)A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.

(5)But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).


Can my Husband vary his application from Tier1 entrepreneur dependent to ILR (LR) via Premium service.

Thanks for ur time

If your husband is applying for Tier 1 Ent dependent extension visa with you, his existing visa conditions continue under Section 3C even if his visa expires during the process.

Once he gets to WITHIN 28 days of reaching 10 years long residence, he can apply to vary his application to Set(LR). There are terms and conditions to apply for ILR, he must have legal stay, which he will have under Section 3C because he has an existing application with HO.

Your 'solicitor' is wrong. His ILR LR application has nothing to do with your extension application. They are separate application with different rules.