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.
When a Variation of Leave To remain Application can be made?
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.
Which immigration applications can be varied?
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.
Effect of Making Variation of 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.
Variation of SET (O) Application to SET (LR) Application
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.
Refund of Home office Fee
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.
How our Immigration Solicitors can help you to apply for Variation of Leave to remain Application?
Our team of UK Immigration Lawyers can expeditiously deal with any immigration related applications. 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. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your visa extension or ILR application 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;
- We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
- Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
- Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
- Our Immigration Lawyers shall discuss your immigration matter in detail and advise you on the required documents and procedure.
- It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
- Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
- We shall never surprise you with hidden charges/fees.
At Chauhan Solicitors, we offer our expertise of advising and representing our clients on the requirements that need to be met, law and the procedure that need to be followed.
We are just a phone call or an email away and are available at 0203 514 2536 or firstname.lastname@example.org and once in contact, be assured that you are in safe hands.