Travelling outside UK while waiting for ILR

[ashishgoel]

Hi all,

Thank you for all the advice and help on this forum. I have two specified questions regarding ILR application:

1. For the ILR applications (not a super priority service), do UKVI keep the passport and BRP until the decision is made (which can take up to 6 months)? or they just need the scans? They used to keep the passport and BRP few years back, but I am not sure about the current rules if I apply for the basic service.

2. If they do return the passport and BRP at the time of ILR application, is it possible for me to travel outside the UK using the valid Tier 2 visa while the ILR is still under processing?

Section 34K under https://www.gov.uk/guidance/immigration ... 1withdrawn says:
Where proof of identity provided under paragraph 34(5) has been returned to the applicant pending a decision on their application for leave to remain and the applicant travels outside the common travel area their application for leave to remain shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.

According to the above, I cannot travel until the ILR application is processed, however it is not clear whether I can travel if the current tier 2 visa is still valid.

Thank you very much

[Anthony2]

According to the above, I cannot travel until the ILR application is processed, however it is not clear whether I can travel if the current tier 2 visa is still valid.

Until your ILR application is approved, your tier 2 visa is still valid until expiry date.

However it states quite clearly you cannot travel.
So if you travel outside the UK, then your application for ILR will be withdrawn. You can re-enter the UK with your tier 2 visa and apply again for ILR.

[zimba]

Any pending application is treated withdrawn if you leave the UK. This does not however invalidate you current leave as it will be valid until expiry or ILR approval

[ashishgoel]

Thank you very much for your replies. This is very helpful.