Travelling while ILR is in process

[sikishah]

Dear Members,

I have applied for my wife's ILR application (Standard Application) on 30th August 2019.

Her current BRP is valid till April 2020.The problem is that we have to travel in mid December to attend a wedding. This trip will be for 3 weeks.

Below is the 3C information I found. Will her application be considered in 3c as I higlighted below?
My understanding is if one is applying on the last minute to extend stay. Please share your thoughts

Pending decision on application
A person will have section 3C leave if:
• they have limited leave to enter or remain in the UK
• they apply to the Secretary of State for variation of that leave
• the application for variation is made before the leave expires
• the leave expires without the application for variation having been decided
• the application for variation is neither decided nor withdrawn
source:https://assets.publishing.service.gov.u ... 9.0ext.pdf

as Zimba stated
"Yes given you have valid BRP and then get readmitted to the UK before expiry, then you should be fine and your application will not be viewed as withdrawn. However if you leave the UK with no valid leave when under section 3C then your application will be viewed as withdrawn"

ILR Rules
If a person with an outstanding application, travels outside the CTA, the application
does not give them any right to re-enter the UK to receive a decision on their
application. They are liable to be refused entry, unless:
• they are allowed to re-enter the UK with a different type of leave
• their existing leave has not yet expired and is not cancelled at the border
source:https://assets.publishing.service.gov.u ... .0-ext.pdf

Could you please share your thought on the below as well?

1.)What happens if we travel to Pakistan and decision is made in favour and HO sends a new BRP to our UK address, while we are in Pakistan. Will they let her back in UK on her old BRP ?

2.)What happens if the decision is still pending.?

3.)Just considering the worst case scenario. What happens in-case the decision is not in favour due to some mistake done by me in the application?

Thanks for the help in advance!

BR,
Siki

[zimba]

My old comment was indeed incorrect. Under paragraph 34K of the immigration rules, if you travel outside the the CTA your pending application will be considered withdrawn

[sikishah]

Thanks for the reply Zimba!

So does that means the below rule does not apply? I am scared...
• their existing leave has not yet expired and is not cancelled at the border

My understanding was that in case we come back and the decision is still pending. They will let us in because our current leave is still valid till April 2020.

What happens if they withdraw my application? I know I will lose money but the current leave till April 2020 will be still valid right?

Please suggest what can I do? Is it possible to call them and pay for priority. I tried searching but couldn't find any service like that. I saw one post where an applicant wrote a letter to request a quick decision as they had to travel due to health issues but no health issues in my case though. Please share your thought/suggestions.


ILR Rules
If a person with an outstanding application, travels outside the CTA, the application
does not give them any right to re-enter the UK to receive a decision on their
application. They are liable to be refused entry, unless:
• they are allowed to re-enter the UK with a different type of leave
• their existing leave has not yet expired and is not cancelled at the border
source:https://assets.publishing.service.gov.u ... .0-ext.pdf

[CR001]

You cannot upgrade to priority now after you have applied etc.

You risk your visa being cancelled when you return, as the document clearly states that you are referring to, as the IO will see your full immigration history and that you have an application pending while you traveled out of the UK.

[sikishah]

Thanks CR001!

I thought that it would only withdraw the application for ILR and will not effect the current leave.

So looks like the only Option I have is to wait and if the decision does not comes before December. I should
withdraw the application and then travel as it wont effect the current leave.(but I will lose the money) Is that correct?

Request to withdraw an in time valid application where the applicant has extant leave
If a migrant wishes to withdraw their application, you must notify them using ICD.5142, to say that their application had been validated and has now been withdrawn as requested and that their extant leave will continue. You do not need to refund the fee. source: Applications for leave to remain: validation, variation and withdrawal
Version 2.0

[CR001]

You lose your money yes.

Standard applications usually take around 8 weeks.

[sikishah]

Thanks CR001! I hope it comes before we travel as there are more then 8 weeks remaining.

[zimba]

Remember that the current valid leave will not be affected. ONLY the pending application will be withdrawn