It often occurs when the applicant has already made an application to the home office and later his circumstances change and he wishes to rely on different grounds to obtain further leave to remain. He may at that stage make a variation of leave to remain application in order to vary the earlier application made on different grounds.
The applicant may make variation of leave to remain application at any time before the earlier application is decided by the home office. One has to give a proper reason of making variation of application and provide the relevant documents. It will be in fact a fresh application made with the fee and the immigration health surcharge, if applicable but with a covering letter explaining the reason of making this application.
Any immigration application made under the immigration rules may be varied at any time before a decision has been made on the earlier leave to remain application.
If the first application was made while the applicant had valid leave to remain the variation of leave to remain application before a decision has been made on the first application, the applicant’s leave is considered to extended by virtue of section 3C of the Immigration Act 1971, with the same restrictions as he had with the earlier leave.
Both these applications are made for the same purpose i.e. obtaining Indefinite leave to remain in the UK. However, the applicant may still choose to vary the grounds of the application for ILR by making variation of leave to remain application because of the following reasons:
- The criteria of obtaining ILR on the basis of long residence are quite straight forward as compared to applying for ILR on the basis of other immigration categories.
- If refused, SET LR will give the applicant full in-country right of appeal while if SET (O) is refused the applicant is only given Right of Administrative Review.
- If given right of appeal, the applicant’s leave is considered to be extended by virtue of paragraph 3C of the Immigration Act 1971 till all appeal rights are exhausted. This includes right to work and remain in the UK provided the applicant had valid leave to remain at the time of making his SET (O) application.
- In administrative review applications, the applicant is not generally permitted to rely on any further documents or information to address any reasons of refusal while in appeals the applicant is permitted to make use of any new documents or information not available at the time of making the SET LR application.
Once variation of leave to remain is accepted as valid application, the home office shall make arrangements for the refund the lower amount of fee paid by the applicant.
Our Immigration Solicitors can expeditiously deal with your immigration matters by advising on the merits of visa applications, required documentation and relevant procedures.
Mr. Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Our Immigration Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your immigration matter under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers:
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