3C, 3D and ILR variation- URGENT- please help

[rdin]

Hi All

My question is relating to 3C, 3D and ilr variation application.

Basically, my brother has applied for T1 last year which was refused and on appeal now. Hearing is in November 13. He has completed his 10 years in this month though.

Question 1:
would he be able to vary his T1 application ( which is on appeal now) to ILR applicaton?

Question 2:
Even if he can vary, question is whether his current appeal on T1 will completely be withdrawn on variation application? Or his ILR success will still depend on if his T1 appeal is positive?

I mean I have heared, even if you vary to ILR application, ILR application success will still depend on whether in November his appeal is positive?

Is this true?

Could experts please comment on above questions...


Regards

[vinny]

No. He cannot vary a refused/decided application.

However, the applicant can submit further grounds to be considered at appeal.

[rdin]

Thanks Vinny, couple more queries please

This will mean, he has to

1) attend the hearing in November for sure?

2) If his appeal is negative, ukba may refuse his ILR too?

Thank you

Regads

[vinny]

1. I think that he should.
2. Probably not, if he is eligible for ILR under Long residence.