How to Vary the case from Tier1 Entrepreneur to Set ILR

[tahir21]

Dear Senior members

I need your kind advice about my long term residency (10 years) basis and i would appreciate for your honest advice. Here below my Tier 1 case history and questions.

Tier 1 History

1- Currently i have applied under the category of Tier1 Entrepreneur (50K) extension application on 7th of December which is still under process. I have submitted my spouse and 1 child dependent applications along with my application. We have applied for extension before our the expiry of our Visa on 10th Dec,2016.

2- We are a small Chartered Accountancy firm and we are 2 Entrepreneur Team members in this practice firm and applied Tier1 together and approved in December 2013. My team member got the ILR on the basis of 10 years last year as he completed his 10 years in May 2016. But he is still my business partner as we intends to move on for a long term basis. So, i have applied on my own for this extension application but send my business partner's details with my application(all evidences passport, ILR card etc)

3- I came as a full time Student on 19th April 2007 and my 10 years period will be completed by 18th April 2017. Please correct me if i am wrong i can apply for ILR at least 28 days before the completion of 10 years which is around 22/23rd March 2017. We have a clean Immigration history and there are no over stays or criminal history ever.

4- We have fulfilled all the Tier 1 extension requirements i.e Investment more than 50K, creation of 2 full time employees etc.. so not worried about these things as this forum was really helpful to submit my application.

Questions.

1- How can i vary the application from Tier 1 Ent to ILR and what is the process to do that?
2- When shall i vary my application, i mean by which date. Will it be after 19th March or any date before 19th March?
3- I would like to apply via premium application service but confused because what if my application is still in process and do not have my passport and all other documentation with me because they are under process till now.
4- If i go via premium service then how many days before i can book an appointment.
5- Both of my Dependents (wife+2 years only child born in the UK) have applied with me as PBS dependents because their Visas were expiring on the same date as mine. Would it be wise to apply my wife's extension as a Dependent with my ILR premium service same day? Because i assume she will be overstayed if i don't submit her application with mine. Am i right?
5- What is the procedure for my two year child application? Can i apply directly citizenship for my child once i get ILR status or is there any other status which i need to apply.
6- At the end about Fee, We have paid £3,612 for all applications plus £1,800 health surcharge, If i vary application and go via premium service then do we have to pay in full or the gap remaining fee? Will they refund us the health Surcharge £1,800 back or what.

I know the above are a lot of questions to ask but would really appreciate if some senior members can answer these questions. I hope it would really helpful for other members who are short of few months to complete 10 years legally.

I never applied via any Solicitor and would like to apply for ILR on my own with the help of senior members

Thanks for your time!

Many thanks

[zimba]

1- How can i vary the application from Tier 1 Ent to ILR and what is the process to do that?

Apply for SET(LR) with a covering letter explaining you want to vary you previous application.
Alternatively do it at a premium centre. Pay the diff in fees.

2- When shall i vary my application, i mean by which date. Will it be after 19th March or any date before 19th March?

Only when fully eligible for ILR

3- I would like to apply via premium application service but confused because what if my application is still in process and do not have my passport and all other documentation with me because they are under process till now.

You can do that, you might not get answer on a same day though

4- If i go via premium service then how many days before i can book an appointment.

Your appointment day must be when you are FULLY eligible for ILR

5- Both of my Dependents (wife+2 years only child born in the UK) have applied with me as PBS dependents because their Visas were expiring on the same date as mine. Would it be wise to apply my wife's extension as a Dependent with my ILR premium service same day? Because i assume she will be overstayed if i don't submit her application with mine. Am i right?

Will your wife complete 10 years as well ?? Otherwise she has to switch to FLR(M) and her immigration clock will reset to zero.
However your kid can get British citizenship after you get your ILR.

5- What is the procedure for my two year child application? Can i apply directly citizenship for my child once i get ILR status or is there any other status which i need to apply.

Not sure mate

6- At the end about Fee, We have paid £3,612 for all applications plus £1,800 health surcharge, If i vary application and go via premium service then do we have to pay in full or the gap remaining fee? Will they refund us the health Surcharge £1,800 back or what.

You will pay the difference and IHS will be refunded. However If wife goes on FLR(M), she still has to pay IHS

[tahir21]

Dear Zimba,

Much appreciated your prompt response and is very helpful!

All clear except the below:

1- How many days before i can book an appointment for a premium service i.e 30 days, 20 days etc..Please advise.

2- If i go via a premium service, can i pay the remaining fees over the counter or do i have to pay in advance while booking an appointment.

3- How long normally it takes to get the ILR on the basis of 10 years and varying an application as the Home office have all the documentation including our passports? In this case is it wise to go through premium service or do it via normal route by post, any difference between two in this case!

4- My wife's 10 years will be completed in July 2019 so its clear she will be my dependent and i have to per her health surcharge. However, her 10 years (in July 2019) will be completed earlier than her 5 years (March 2022) so can we apply her ILR in july 2019 on the basis of 10 years or do we have to wait to complete 5 years after her Visa approval as dependent? Please advise.

Thanks again

[Meesha]

Hi tahir21,
You can book premium appointment anytime within 28days of compelting 10 years (seniors like casa, and CR001 has explained it many times).

If you go for postal application then u pay the difference, however if you go for premium you will pay full fee as it is online. you will get ur extension fee and IHS refunded though.

Your child can apply for citizenship once u get ILR as he is born in UK.
As you have clean history, ur premium application will get answer in a couple of weeks. However someone on this forum was waiting for longer than 2 months while varying application at premium so no hard and fast rules.

[zamaha]

Dear Zimba,

Much appreciated your prompt response and is very helpful!

All clear except the below:

1- How many days before i can book an appointment for a premium service i.e 30 days, 20 days etc..Please advise.

2- If i go via a premium service, can i pay the remaining fees over the counter or do i have to pay in advance while booking an appointment.

3- How long normally it takes to get the ILR on the basis of 10 years and varying an application as the Home office have all the documentation including our passports? In this case is it wise to go through premium service or do it via normal route by post, any difference between two in this case!

4- My wife's 10 years will be completed in July 2019 so its clear she will be my dependent and i have to per her health surcharge. However, her 10 years (in July 2019) will be completed earlier than her 5 years (March 2022) so can we apply her ILR in july 2019 on the basis of 10 years or do we have to wait to complete 5 years after her Visa approval as dependent? Please advise.

Thanks again

Hello Mr Tahir
As my understanding, your wife cannot apply in July 2019as after you got your ILR, she needs to switch to FLR(M). So, she has to wait another 5 years to qualify for ILR.
I think if you are sure about your extention application it is better to wait for its result and then apply for your ILR. So your wife can get her ILR in two years and also you can apply in person.
Dear Zimba please correct me if I am wrong.

[zimba]

1- How many days before i can book an appointment for a premium service i.e 30 days, 20 days etc..Please advise.
2- If i go via a premium service, can i pay the remaining fees over the counter or do i have to pay in advance while booking an appointment.

Follow here: https://visas-immigration.service.gov.u ... nt-booking

3- How long normally it takes to get the ILR on the basis of 10 years and varying an application as the Home office have all the documentation including our passports? In this case is it wise to go through premium service or do it via normal route by post, any difference between two in this case!

Premium is usually a same day service, postal ILR could take 5-6 months on average. In your case, they request the documents from other department which could take several days, so your application could take days or weeks.

4- My wife's 10 years will be completed in July 2019 so its clear she will be my dependent and i have to per her health surcharge. However, her 10 years (in July 2019) will be completed earlier than her 5 years (March 2022) so can we apply her ILR in july 2019 on the basis of 10 years or do we have to wait to complete 5 years after her Visa approval as dependent? Please advise.

As I said, she cannot remain a PBS dependant when you get ILR on the basis of 10 years. So she has to switch to FLR(M) and that means she has to wait either 5 years or until her lawful residence for 10 years is up. I suggest to double check this on ILR forums as well

[CR001]

Hello Mr Tahir
As my understanding, your wife cannot apply in July 2019as after you got your ILR, she needs to switch to FLR(M). So, she has to wait another 5 years to qualify for ILR.
I think if you are sure about your extention application it is better to wait for its result and then apply for your ILR. So your wife can get her ILR in two years and also you can apply in person.
Dear Zimba please correct me if I am wrong.

Please don't give incorrect advice if you are not sure. ANY visa status counts for 10 years long residence, provided ALL requirements are met. Wife DOES NOT have to wait another 5 years after switching to FLR(M).

[tahir21]

Dear Zimba and all senior members

All clear and it will definitely help a lot.

Thanks again for your kind help!

[paru.org]

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 and the Immigration (Health Charge) Order 2015, for the variation to be valid.
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.
Page 57 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
Variation application made following initial application – the applicant will pay the immigration health surcharge with the application. Some, or all of, the surcharge paid with the initial application will be refunded…..: Page 28 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
One need to fill the current application while applying for any Immigration application on that date .... ((Whoever, booked for Premium before and then need to fill the latest application while applying.... ((Sometime, the Caseworker don't even listen what expressed by the UKVI Customer Advisor.... ((For all Premium booking NO need to fill the Payment section in the application ... just attach the payment confirmation print out ..... ((Please have a look : Specified forms and procedures for applications or claims in connection with immigration : https://www.gov.uk/guidance/immigration ... -in-the-uk

Dear Senior members

I need your kind advice about my long term residency (10 years) basis and i would appreciate for your honest advice. Here below my Tier 1 case history and questions.

Tier 1 History

1- Currently i have applied under the category of Tier1 Entrepreneur (50K) extension application on 7th of December which is still under process. I have submitted my spouse and 1 child dependent applications along with my application. We have applied for extension before our the expiry of our Visa on 10th Dec,2016.

2- We are a small Chartered Accountancy firm and we are 2 Entrepreneur Team members in this practice firm and applied Tier1 together and approved in December 2013. My team member got the ILR on the basis of 10 years last year as he completed his 10 years in May 2016. But he is still my business partner as we intends to move on for a long term basis. So, i have applied on my own for this extension application but send my business partner's details with my application(all evidences passport, ILR card etc)

3- I came as a full time Student on 19th April 2007 and my 10 years period will be completed by 18th April 2017. Please correct me if i am wrong i can apply for ILR at least 28 days before the completion of 10 years which is around 22/23rd March 2017. We have a clean Immigration history and there are no over stays or criminal history ever.

4- We have fulfilled all the Tier 1 extension requirements i.e Investment more than 50K, creation of 2 full time employees etc.. so not worried about these things as this forum was really helpful to submit my application.

Questions.

1- How can i vary the application from Tier 1 Ent to ILR and what is the process to do that?
2- When shall i vary my application, i mean by which date. Will it be after 19th March or any date before 19th March?
3- I would like to apply via premium application service but confused because what if my application is still in process and do not have my passport and all other documentation with me because they are under process till now.
4- If i go via premium service then how many days before i can book an appointment.
5- Both of my Dependents (wife+2 years only child born in the UK) have applied with me as PBS dependents because their Visas were expiring on the same date as mine. Would it be wise to apply my wife's extension as a Dependent with my ILR premium service same day? Because i assume she will be overstayed if i don't submit her application with mine. Am i right?
5- What is the procedure for my two year child application? Can i apply directly citizenship for my child once i get ILR status or is there any other status which i need to apply.
6- At the end about Fee, We have paid £3,612 for all applications plus £1,800 health surcharge, If i vary application and go via premium service then do we have to pay in full or the gap remaining fee? Will they refund us the health Surcharge £1,800 back or what.

I know the above are a lot of questions to ask but would really appreciate if some senior members can answer these questions. I hope it would really helpful for other members who are short of few months to complete 10 years legally.

I never applied via any Solicitor and would like to apply for ILR on my own with the help of senior members

Thanks for your time!

Many thanks

[tahir21]

Dear All

I have got my application approved today with the grace of Almighty Allah!

This forum has helped me a lot so thanks very much everyone especially the senior memebers. Now can not wait to apply for ILR in few weeks time.

Here below the timeline

Applied for extension 50K: 7th Dec, 2016.
Finger prints: 18th Dec, 2016.
Approval letter received: 17th feb,2017.
Waiting for BRP and hopefully will get soon.

The conclusion is that if you follow the guideline properly and provide the documents accordingly then there are more chances to get approved within the time frame. But if you send a lot of unnecessary documents with your application then there are more chances of delay. So simply read the guideline properly and only send those documents which are asked for.

Here below the documents i provided as a limited company.
1- 50K Investment proof: Director loan agreement and 3 years business bank statements. Chartered Accountant letter confirming the total amount of investment from personal to business bank with investment schedule. This investment schedule can be prepared in excel sheet to show the dates you put money into your business bank account.

2- Job creation: Based on you have met all the requirements, All FPS summary sheet with its submission receipts. This FPS must have all the workers name, NI, PAYE etc.. and also starting/leaving dates. I have used Sage payroll software which has everything in it. I have submitted P45 and P60 as well.

3- Maintenance: Last 90 days personal bank statements.

4- English language: Original Degree.

I have also send some business agreements with our customers knows as letter of engagements in accountancy business as we are a small chartered accountancy practice. Beside the above, i have attached business leaflets, business cards, my professional qualification ACCA, Professional indemnity insurance and employers liability insurance which were not required but it adds more strength to prove your business is genuine.

Our business is profitable in all 3 years from day one.

I wish you all "best of luck". Any question welcome.

Many thanks

[Jazz2007]

Congrats Tahir,

You dont need to Vary your application now !!

I hope you will get ILR same day Inshallah