Variation and ILR 10-year long residence/Set (LR)

Old Sep 16th 2020, 8:40 pm
  #1  
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Default Variation and ILR 10-year long residence/Set (LR)

Hi everyone,

I was hoping anyone or someone in a similar experience could help with my query. Can a spouse visa extension application/FLR (M) be varied to ILR 10-year long residence application [also called Set (LR)] in the following situations/conditions:
  • the spouse visa extension application was submitted in-time, i.e before the expiry of the original spouse visa. At this point, I was still over 4 months short of the 10 years required qualifying period. This spouse visa extension application as well is currently under the 5-year route to ILR,and is now halfway through. This extension is what would lead to the 5-year to 5-year ILR.
  • since decision is still pending or there is still no decision made on the spouse visa extension application and the original spouse visa is now expired, leave to remain status is currently extended by virtue of section 3C. So, on 3C leave currently.
  • now with original spouse visa expired and while now on 3C leave, the 10 year long residency is now reached too (is now specifically within 28 days of the qualifying 10-year period)
Given the situations above, I have the following questions:
  1. Can a variation of the yet-to-be decided spouse visa extension application/FLR(M) application be made to become Set (LR)/Settlement - Long Residence?
  2. Won't the 3C leave end if this this yet-to-be decided spouse visa extension application/FLR(M) is varied to Set(LR)?
  3. If variation is done, how would the caseworker count the 10 year qualifying period? Would it be from the date the spouse visa extension is submitted or from the date of the variation to Set(LR) is submitted? If it is from date the spouse visa extension is submitted, wouldn't the variation application to Set (LR) be refused and/or rejected if made? And if refused and/or rejected, what would happen to the 5-year spouse visa route to ILR? Would this reset back to zero?
Your help would be most appreciated.

Thank you.
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Old Sep 16th 2020, 10:18 pm
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Default Re: Variation and ILR 10-year long residence/Set (LR)

So to clarify:

You are someone who has been in the UK lawfully for 10 years - under what visa/category?

You now qualify for applying for ILR under the 10 year route.

During thisperiod you married and applied for a spouse visa? You have now completed your 2.5 initial visa and have just applied for the second 2.5 year visa?

Is the variation you speak of a legal procedure to change status? ie. one has to apply for the variation? or is this just a process you are thinking about?

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Old Sep 16th 2020, 10:45 pm
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Default Re: Variation and ILR 10-year long residence/Set (LR)

Hi, thanks for your reply. Yes in the UK legally for 10 years now. Was in Tier 4 student visa, Tier 1 PSW visa, Tier 2 General, Tier 2 General Extension, Spouse visa. Applied for spouse visa extension but decision is still pending (backlogs at HO I imagine are brought about by the lockdown), but now reached qualifying period for Set (LR) and therefore could vary the extension application. There is 10-year long residence to settlement or ILR.
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Old Sep 17th 2020, 12:32 am
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Default Re: Variation and ILR 10-year long residence/Set (LR)

Don't know anything about variations, but maybe you should read the following document:

https://assets.publishing.service.go...n-v2.0-ext.pdf

On pages 16 -18 it has some examples of variations one of which is:

Example scenario 1 An applicant submits application A in time. They then submit application B before application A has been decided, but after the applicant’s leave has expired when the applicant transitioned to 3C leave. As the applicant transitioned to 3C leave and a decision has not yet been made on application A, application B is automatically considered as a variation of application A. The date of application is the date application A was submitted.

Sounds a bit like yours.
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Old Sep 21st 2020, 11:53 pm
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Default Re: Variation and ILR 10-year long residence/Set (LR)

As SanDiegogirl suggests if you vary now then your application date for ILR will be taken to be the date you submitted your FLR(M) application which would leave you four months short of ten years. As such I’m afraid you’ll have to wait until your FLR(M) application is granted before applying for ILR under the Long Residence route.
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