Variation of Leave to Remain Appliction

Variation of Leave to Remain Application

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 be 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.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don'ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

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