Immigrationboards.com

Hi,

if you apply to extend your visa and in the process of waiting for a decision fromm HO you then qualify for ILR, you SHOULD NOT vary to ILR because the date of your initial application is what they work with and not the date you varied your application.
lifted from website
"The application date remains the date of the original application and not the date of the variation."

It would be helpful & informative if you could post a link to the UKBA reference, which states this.

Page 30 of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary gives one scenario which counters OP's position.

The applicant completes 10 years continuous lawful residence while awaiting a decision on an application for further leave
If the application that has generated the 3C leave has not yet been decided, the applicant can vary the grounds of that application to include a request for leave on the basis of long residence. If a long residence application would attract a higher fee than the initial application, the applicant must pay the balance before the varied application can be considered.

The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal
A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

I googled specified application forms and found this


This page tells you the procedures to follow if an applicant seeks to vary the grounds of an outstanding application before a decision is made on it.
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, for the variation to be valid.
For more information on these requirements, see related link: Specified requirements.
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.
This means that a valid variation will look like a new application. You must check CID to see if an earlier application exists. This will tell you whether the specified form is a variation of an existing application.
The application date remains the date of the original application and not the date of the variation. You will need to consider this when deciding if the applicant benefits from section 3C leave and determining the applicant’s appeal rights. For more information, see related links:
 Section 3C and section 3D leave
 05.0 - Section 3C of the Immigration Act 1971 (As Amended)
 1.0 - Rights of Appeal.
If a variation meets all the requirements of paragraph 34A except including photographs.
This is on page 33.

that was why i got confused. I think you are right.

Hi,
Sorry to pst it here, I have similar situation where varying tier1 would be useful.

I will be sort of 48 days from 5 years. I applied early in PEO and caseworker gave me extension from the date of application. So I lost 48 days.

Just wanted to confirm, if I apply 2 days before my visa expires and I do not get the decision in next 30 days or so, can I vary my tier1 to ILR ? Because I will be inside the 28 days rule then.

I would be relieved if you could confirm if my understanding s correct r not...

SamratJha wrote:Hi,
Sorry to pst it here, I have similar situation where varying tier1 would be useful.

I will be sort of 48 days from 5 years. I applied early in PEO and caseworker gave me extension from the date of application. So I lost 48 days.

Just wanted to confirm, if I apply 2 days before my visa expires and I do not get the decision in next 30 days or so, can I vary my tier1 to ILR ? Because I will be inside the 28 days rule then.

I would be relieved if you could confirm if my understanding s correct r not...

I am also in similar situation...hope this will helps

http://www.immigrationboards.com/viewto ... 170#778170

If you make (or vary) an in-time valid application for ILR and qualify on the date of the decision, then you should be okay.