Help required please, Set O to Set LR variation.....

[tally80]

Good Afternoon Seniors and all the members,

One of my friend wants to vary his current Set O pending application to Set LR. His history is as follows:
-Came to U.K. as student on 1 Nov. 2006
-Remained student until March 2010 then switched to Post Study Work visa.
-He was never refused any visa or extension within the U.K. During his stay uptil today
- Gaps / Absences (3 days trip to Paris in 2007 + 35 days trip to Pakistan in 2010)
- in 2011, switched to Tier1 Gen.
-in 2013, got tier1 gen. extension
-he was Ltd. company director for tier 1 gen initial and extension and he showed all earnings through dividends in both years.
- he paid all income taxes on dividends in the relevant years and have no amendments at all.
-applied ilr set O in July 2016 with wife as dependent.
-he wants to vary his ilr Set O to ilr Set LR as he completed 10 years in October last year.
-yesterday he received a interview letter from home office that they want to interview him but they asked to wait for the second letter for date time and place of interview.
- he wants to vary to ilr Set LR asap as he's fed up with this waiting game of home office.
His Questions are:

Q1: if he varies from Set o to Set LR, will he get his fee refund back for first Set o application?
Q2: if he varies to Set LR, will home office still put him in the waiting list again for the interview?
Q3: his wife has not completed 10 years , so what application he has to put for her (she came to uk in Aug 2010 as pbs dependent and then tier1 gen dependent until now)?
Q4: does he have to put his wife seperate application at the same time as he will send his ilr LR or he can send later when home office write him back asking about her?
Q5: will she be overstayer, if He doesn't send her application along with his ilr LR application (their both visas expired on 28 July 2016, they both applied on 13 July 2016)?

Can you please advise them about their questions asked?

Kind regards.

[tally80]

Replies are wellcome:)
Anyone please, specially the moderators.

[tally80]

Good Afternoon Moderators,

Sorry to disturb you again. Can the Moderators: CR001 , Casa, Noajthan, Obie, Vinny , please answer my query? Because my friend is extremely stressed and disappointed. Accept my apologies in advance for being pushy.

Kind regards,
Tally80

[Casa]

Moderators are responsible for the day-to-day smooth running of the forum (on a voluntary basis). We don't necessarily have more knowledge than other members and in some cases less.

Personally, I don't have the answer to your question and therefore haven't responded.

[CR001]

There is a misconception that Set(LR) is the 'safer' route. The same checks will be done, specifically because of his Tier 1 G status previously.

Q1: if he varies from Set o to Set LR, will he get his fee refund back for first Set o application? Not sure as it is the same fee.

Q2: if he varies to Set LR, will home office still put him in the waiting list again for the interview? Yes, very possible due to Tier 1 time.

Q3: his wife has not completed 10 years , so what application he has to put for her (she came to uk in Aug 2010 as pbs dependent and then tier1 gen dependent until now)?

Q4: does he have to put his wife seperate application at the same time as he will send his ilr LR or he can send later when home office write him back asking about her? Did she apply for ILR or an extension of PBS dependent?

Q5: will she be overstayer, if He doesn't send her application along with his ilr LR application (their both visas expired on 28 July 2016, they both applied on 13 July 2016)?

[tally80]

Thanks both of you Casa and CR001.

For CR001, she did apply for ILR as a pbs dependent.

[CR001]

If he varies to Set LR, she will NOT qualify for ILR. She will only have the option of varying to FLR(M) which will reset her clock for ILR based on 5 years residence (2 x 2.5 year visas), she will need English A2 and they will have to meet the financial requirements. She will have to pay the immigration health surcharge of £500.

[tally80]

Thanks CR001,
I checked FLR M form myself. The current version form says it is for partner or spouse of a settled person in the U.K. can she use flr fp?

[CR001]

She can vary to FLR(M) asking for her application to be decided once spouse is granted ILR.

She can apply FLR(FP) and would have to ask for the same delay on decision and this would be a new 10 year partner route to ILR.

Given that for Set LR the same processes and checks, including interview, are done, it might be worthwhile to wait for the Set (O) unless he has some dodgy income declarations to HO and HMRC or tax amendments etc.

[tally80]

Thank you very much CR001. I really appreciate your responses. I am sorry again for the disturbances i caused to the Moderators. God bless you all.

Kind regards,
Tally80

[Casa]

Thank you very much CR001. I really appreciate your responses. I am sorry again for the disturbances i caused to the Moderators. God bless you all.

Kind regards,
Tally80

No disturbance, I simply felt it best to explain our role on the forum rather than ignoring your requests for help.