A few details before my query:
Route: PBS Dependent Tier 1
Date of first entry clearance: 20/10/2016
Date of qualifying period (5 years): 20/10/2021
Date of online application: 24/09/2021
Date of biometrics at UKVCAS: 02/10/2021
Date of the below email: 06/10/2021
Application type: Priority service (decision within 5 days)
Applied for ILR and received the following email:
“Thank you for your application for permission to stay in the UK.
Although we would normally decide your application within two working days from the date it was submitted, unfortunately this is not going to be possible in your case.
A decision on your application has been delayed due to the fact that you have not completed five years of continuous leave as a Tier 1 dependant.
This means that as of the date of this letter, and in accordance with the Immigration Rules, you are not eligible for indefinite leave to remain in the UK.
Your application is therefore currently on hold until 20 October 2021, which is the date in which you will be eligible for indefinite leave to remain.
We will refund the priority element of the fee you paid (the difference between the cost of making a standard application and a priority application). We will refund the amount of £500.00 to your credit or debit card in due course.
Yours sincerely,”
As per my understanding we are allowed to apply 28 days before the completion of qualifying period.
My queries:
1. I think the reason caseworker put application on hold is because at time of decision (which would be 06/10/2021, date of email) I had not actually completed the 5 years. Please advise.
2. If above is correct, can I request the priority service to be still kept once the application is resumed on 20/10/2021? If yes, how can I request?
3. If priority service can not be requested/kept, can i withdraw application and submit a new one with priority service on 20/10/2021?
The reason i am after priority service is because I would like to have the ILR decision before 30/10/2021 so i can apply for Nationality. Because i was outside UK for approx 5 months from 30/10/2018. For nationality i have to be physically present in the UK exactly 3 years before date of application.
Please advise.
