Section 3c (4) - Impact on variation

[Mojojojo00]

hello,

i moved to this country in 2008 and there is only one month left in me applying for my ilr.

i was previously advised to apply for the most popular route to kill the gap of 2 months which is flr fp but to be honest, my current case involves exceptional circumstances based on some thing has happened last month so i want to vary flr (fp) application to flr (hro) application.

i am thinking if i do take this route, is section 3 (4) going to immediately kill the variation?

i think the border agency should accept the reasoning of the variation, however, if they don't, are both my (flr-fp) and (flr-hro) will immediately get rejected?

if someone is close to the 10 year mark and he or she chooses to vary, from one application to the other before reaching the ilr eligibility, does that variation automatically gets a no no?

[Mojojojo00]

moved here on tier 4 in 2008 - 2010

2011-2012 psw

2013 - april tier 4

then applied for flr fp

[zimba]

You should be able to vary an undecided application

[Mojojojo00]

Thank you, @zimba. Sorry, I just read your reply.

However, I read in the conclusion section of some court case, where the judge was talking about the 'abuse' of the variation option as people can just vary from one application to another several times to reach the 10 year mark.

So I am afraid of taking this step.

On what basis, does the UKVI make use of Section 3c (4)?

To my understanding the above section gives the UKVI the power to say no to a 'variation' just because the variation will allow the immigrant to hit the 10 year/ILR mark. Do they really check such things before saying yes or no to the variation?

I personally feel that forcing immigrants to apply for some random application cover a short period of one or two months is very harsh but anyway, what's your take on the above?

Please reply as soon as it is convenient for you.

[Mojojojo00]

If I do choose to vary, the FLR (HRO) application will go to their Durham office.

I do not have to pay any fees because I paid the same amount of £1033 on my FLR (FP) application. The NHS surcharge of £500 should also be the same, I presume.

So all I need to do is to pay for the postage and that is all.

I still like to know their process. So my new application will be forwarded to the Sheffield office for comparison or is it the other way round?

On average, how much time does the HO take to do the above?

[zimba]

UKVI can refuse a variation if it is made to buy time however they are a bit more reluctant to do so on human right cases.
You can vary by applying for a new application as usual (paying all the fees) and then including a cover letter with your intention to vary the previous application. It will be sent to Sheffield for processing after the payment is cleared

[Mojojojo00]

Hi Zimba,

I struggled to log in so couldn't reply earlier.

I cannot afford to pay the fees again.

The fees of FLR (FP) and FLR (HRO) are exactly the same. I am assuming the NHS surcharge is also the same i.e. £500.

Is the above acceptable?

I am planning to send the new application to their official Durham office with the cover letter stating that I need to vary it.

A prompt reply will be much appreciated.

Kind regards,

Mojojojo

[zimba]

As far as I know you must pay all the fees again and then you get a refund for the pervious application.