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** Is it possible to vary leave while under Section 3C / 3D? **

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kmaxie18
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Posts: 11
Joined: Mon Aug 20, 2018 12:17 pm
India

** Is it possible to vary leave while under Section 3C / 3D? **

Post by kmaxie18 » Tue Aug 21, 2018 9:52 am

Greetings everyone..

I would greatly appreciate your interpretation of the updated 2017 3C/3D guidelines on the possibility to vary an application while being under Section 3C. (https://assets.publishing.service.gov.u ... e-v8_0.pdf)

In this case the question is about varying from "PBS dependent" extension to "ILR".


Mrs' situation:

: PSW: July 2012 to July 2014
: PBS dependant: 19-June-2014 to 12-March-2016 (1y 9m) - (End-date was linked to that of my Tier-1-General, hence not granted the full 2 years)
: PBS dependant (extn): 11-March-2016 to 11-March-2019 (3y)

From the above, there is a shortfall of about 73 days (2m 12d) for her to be eligible to apply for ILR on 22-May (28 days before 19-June-2019) using the 5 year route as PBS dependent.

I have since become a British national; 5-yr route from Tier-1-General, ILR (May-2015), Naturalized (Nov-2016).


My current thought is:


(1) Apply for PBS dependent extension by post just before 11-March-2019 using form "Tier 1 or 5 PBS
Dependant (version 04/2017)" - she will be under Section 3C leave almost immediately thereafter.


Assume we get to within 28 day window for ILR eligibility (22-May),under 3C and still do not have a HO decision; can we :


(A) Submit application to "vary" the pending "PBS dependent" application to "ILR"
- Would this even be considered a VALID variation? - since she would already be subject to 3C leave at the time of submitting the variation.
- From the 2017 guidelines for 3C/3D (Pg 9), it appears Section 3C(4) may not allow the Variation.
- Not sure Section 3C(5) would either since, I think this applies only to only being able to amend an existing application while you still have limited leave available i.e not when you are already under 3C.



(B) Alternately; Submit a "fresh" ILR (SET-O) application after 22-May (or even after 19-June, assuming still no decision on PBS extn).
- Not sure this would work since you cannot have than one outstanding application, and this application would be treated as a variation of the PBS application.
- I believe this may be Rejected since, I think, the "Application Date" that will be considered (because of being under 3C at this time) will still be the "initial application date" (March-2019, PBS extn) and NOT the "variation date" (May-June-2019, ILR)


Thus, am I right to assume there is no way to successfully overcome the 2+ month shortfall and submit an application for ILR in May-June 2019 having only paid the one ILR+NHS surcharge fees?.

We would have to make a separate ILR application AFTER the PBS extension is granted, which of course means we would have paid 2 sets of fees, and possibly no way to recover any of it.


Thank you very much in advance for your thoughts & interpretation of the rules, while under Section 3C/3D..

kmaxie18
Newly Registered
Posts: 11
Joined: Mon Aug 20, 2018 12:17 pm
India

Re: ** Is it possible to vary leave while under Section 3C / 3D? **

Post by kmaxie18 » Tue Aug 28, 2018 11:20 am

(Bumping up) .. Just in case anyone has any thoughts/experience of varying an application while under 3C/D .. Thanks.

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