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Varying a PBS Dependent Application to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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fragmen57
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Varying a PBS Dependent Application to ILR

Post by fragmen57 » Sun Nov 11, 2018 10:51 am

Hi,

Please help advise. i am due to complete my 5 years continuous stay Dec 9, 2018 (I understand eligibility to apply can be 28 days before which becomes 11 Nov., 2018) but my current PBS Dependent leave to remain expired Sept 20, 2018. As a result, i applied to extend my PBS stay Sept 19, 2018 before the leave expired so i do not become an overstayer. I want to vary that application to ILR (hoping to do same day application) before they reach a decision. Is that possible?

Also, I have been reading the Variation rules and scenario 1 the Gov website painted which i believe applies to me says the varied application date remains the date of the first application. But as at the date of my first application i would not have been eligible for ILR. Do you think if i vary the application, they can refuse the ILR saying at that date i am not eligible and then i loose both ways i.e cancelled PBS dependent application and then a refused ILR.

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zimba
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Re: Varying a PBS Dependent Application to ILR

Post by zimba » Mon Nov 12, 2018 1:11 am

You should be ok to vary, given you satisfy all the ILR requirements and submit the extra documents.
You should be eligible for ILR on the day of the decision (not the date of the first application!)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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