The individuals who find themselves needing to adjust their immigration plans mid-way, the option to vary an existing immigration application can offer a viable solution. At GigaLegal Solicitors, we have guided countless clients through this intricate process, ensuring their applications are handled with precision and care.
A variation application allows individuals with a pending immigration application to submit a new application that replaces the original one. This mechanism is particularly useful when:
-
- Circumstances change and the applicant qualifies for a different immigration route.
- The original application no longer meets the applicant’s needs.
Under Paragraph 34BB of the Immigration Rules, any subsequent application submitted while an earlier application is pending will be treated as a variation, provided the validity and other requirements are met.
When can you submit a variation application?
A variation application must be submitted before a decision is made on the original application. If a decision has already been issued, the variation will be treated as a new application, and the original application’s status cannot be altered.
What are the key requirements for a variation application?
1. The variation application must comply with the validity requirements outlined in the Immigration Rules for the specific route being applied for. This includes submitting the correct application form, paying the necessary fees, and providing all required documentation.
2. Timing is crucial. The variation must be submitted while the original application is pending.
3. The new application must meet the suitability, eligibility, and evidential requirements of the specific immigration route. This includes submitting up-to-date supporting documents and biometric information.
Some practical scenarios where variation applications are useful
1. If an applicant no longer meets the requirements of their initial route but qualifies for another, they can submit a variation. For example, switching from the Skilled Worker visa route to the Global Talent visa route.
2. Applicants close to the expiration of their current leave can submit a “holding application” under a permissible route to maintain lawful residence and later vary it to the desired route.
3. In cases of emergencies requiring faster decision-making, applicants can vary their application to use available priority or super-priority services.
Which application is considered by the Home Office?
When a valid variation application is submitted, the Home Office will treat the most recent application as the one to be considered. The original application will no longer be reviewed. Importantly, the application date for a variation is treated as the date of the original application, but the decision will be made under the rules in force at the time of the variation.
Considerations for variation applications
1. A new application fee and Immigration Health Surcharge (IHS) must be paid for the variation. Applicants may receive a refund for the original application fees, but this can take time and may require follow-up with UKVI.
2. Dependants included in the original application must also be included in the variation application, where applicable. If dependants were not part of the original application, their new application will be treated as submitted on the date of the variation.
3. Not all applications can be varied. For example, human rights applications, including asylum claims, cannot be varied to non-human rights routes.
A practical example
Imagine an applicant initially applying for a Skilled Worker visa but later qualifies for the Global Talent visa route. By submitting a variation application before the original decision, they can transition seamlessly to the new route, provided all requirements are met.
Similarly, if an applicant’s current leave is about to expire and they cannot yet submit their desired application, they can make a holding application to maintain lawful status and later vary it to their intended route.
The importance of expert advice
While variation applications offer flexibility, they come with complexities. Missteps in timing, documentation, or understanding route-specific requirements can lead to delays, refusals, or even loss of lawful status. Seeking expert legal advice is essential to ensure the process is handled correctly.
At GigaLegal Solicitors, we specialise in assisting clients with complex immigration matters, including variation applications. Our team offers personalised guidance to tackle the process, ensuring every detail is addressed and every opportunity maximised.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.