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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Dear sir/madam if upper tribunal ask Home office/ukba to reconsider

Resolved Question:

Dear sir/madam
if upper tribunal ask Home office/ukba to reconsider the tier 1 entrepreneur
application and during this time before any decision is made
applicant has completed 10 years lawful residence in uk can he vary
his application to set lr? if yes then

according to specified application forms and procedures guidance by
home office page 36
The application date remains the date of the original application
and not the date of the variation.

1 so what about the set lr application validity as applicant has
completed 10 yrs after the original application.?

2 as applicant has already submitted his documents eg passport etc
with his first application but in set lr form no option given to
mention this.what should applicant do to avoid the invalidity of
application?as he/she can not submit
the passport etc with his set lr application?

3 there are some details required on set lr form e.g date of any
absences from uk but applicants passport is already with ukba what
should to do to give this information .

4 if first application fee is higher than set lr .then according to
specified application forms and procedures guidence by home office
applicant not required to make any payment . so should he leave
payment details page empty?

5 applicant have 3 dependents wife son(born in uk) daughter born outside uk.they are in uk since sep 2011 on psw dependent visa.
wife and daughter application was sent together with main applicant but son's application was sent separately as it had a later expiry date.

which visa/form should be for wife and daughter?
which visa/form should be for son?

all dependents applications should be sent with main applicants set lr form?or can be sent after set lr decision?
Yours faithfully,

manzoor hussain
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Manzoor,

I would respond as follows:

1 so what about the set lr application validity as applicant has
completed 10 yrs after the original application.?

The applicant should withdraw the original application if not already decided and apply for the Long Residence application. If the original application has been decided, then the applicant should simply apply for the long residence application.


2 as applicant has already submitted his documents eg passport etc
with his first application but in set lr form no option given to
mention this.what should applicant do to avoid the invalidity of
application?as he/she can not submit
the passport etc with his set lr application?

The applicant should send a covering letter with the LR application explaining that his/her passport is with the Home Office and give reference numbers and details of previous applications with which the passport was submitted.

3 there are some details required on set lr form e.g date of any
absences from uk but applicants passport is already with ukba what
should to do to give this information .

The applicant should try and give as much details as possible from memory and explain that these are estimates as the passport is with the Home Office and contains details of travels.

4 if first application fee is higher than set lr .then according to
specified application forms and procedures guidence by home office
applicant not required to make any payment . so should he leave
payment details page empty?

If the original application has already been made, then the fee is not refundable abd a new fee for the LR application should be paid.

5 applicant have 3 dependents wife son(born in uk) daughter born outside uk.they are in uk since sep 2011 on psw dependent visa.
wife and daughter application was sent together with main applicant but son's application was sent separately as it had a later expiry date.

which visa/form should be for wife and daughter?
which visa/form should be for son?

LR applications do not cover dependants. So the applicant should wait until his LR application is decided then make new applications for the dependants under the family of settled persons category.


All the best
Customer: replied 3 years ago.
Relist: Inaccurate answer.
dear sir

what i understand is as upper tribunal has sent back application to home office so it will be considered as not decided yet hence it can be varied to ILR, am i right?
when applicant can vary the original application then why he should withdraw the original application and apply separately for ILR and pay the fees again?kind regards
Expert:  UKSolicitorJA replied 3 years ago.
Yes, if the application has not yet been considered, then the applicant may vary it to the ILR application, in which case, no fees payable again.

The applicant should act very quickly to vary it.

All the best
Customer: replied 3 years ago.

dear sir


 


thanks for your reply


 


it means applicant have to leave payment details page empty as original application fee is equal to ILR fee?


 


will it be a valid application as applicant has completed 10 yrs after the original application ?while according to guidance they will consider the original application's date as date of application?


 


kind regards

Expert:  UKSolicitorJA replied 3 years ago.
If you vary your application, it is the date that you apply for variation which counts, not the original application date.

I trust this answers your queries. Please take a second to rate the service.
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

i

Expert:  UKSolicitorJA replied 3 years ago.
.

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