ILR - how to find out if withdrawn

[tungchung]

All,

I should have researched this better... I did travel outside the CTA back last year (July), just after biometrics for an ILR application. The ILR decision is well overdue, however I had a request for additional documents in November.
I fear that the application may be considered withdrawn under 34K. Is there a way to find out without poking the bear if the application has been struck down and when/how would I know to reapply?

Are there actually real-life cases where 34K is actively enforced if all else in good standing?

Thanks

[zimba]

You cannot verify this. If you travelled outside the CTA, then you can assume that your application is withdrawn

[tungchung]

Based on what real life evidence? I have not found a single post on this board where anyone reported *actually* having had their application withdrawn. All posts are pre/post trip speculation in the absence of any credible indication of Home Office action or inaction.

[tungchung]

Based on what real life evidence? I have not found a single post on this board where anyone reported *actually* having had their application withdrawn. All posts are pre/post trip speculation in the absence of any credible indication of Home Office action or inaction.

To add: there are a number of posts and articles of immigration lawyers on their practice websites indicating they know of no such withdrawals in reality,

[zimba]

Based on what real life evidence? I have not found a single post on this board where anyone reported *actually* having had their application withdrawn. All posts are pre/post trip speculation in the absence of any credible indication of Home Office action or inaction.

Based on the rules. 99.9% of applicants do not travel so what you are looking for is very uncommon. If you get away with it, you should consider yourself lucky. What others say is not relevant

[tungchung]

Based on what real life evidence? I have not found a single post on this board where anyone reported *actually* having had their application withdrawn. All posts are pre/post trip speculation in the absence of any credible indication of Home Office action or inaction.

Based on the rules. 99.9% of applicants do not travel so what you are looking for is very uncommon. If you get away with it, you should consider yourself lucky. What others say is not relevant

"The rules" state that the speed limit on motorways is 70 mph, but in reality 99.9% of motorists do 90. Some get caught, most don't.

[zimba]

That is a false analogy as immigration enforcement is not comparable to speed limit enforcement on the roads. Caseworkers review each application individually and are expected to carefully consider your periods of absence from the UK.
The advice remains the same: you should assume rules will be strictly enforced unless proven otherwise in exceptional circumstances

[tungchung]

That is a false analogy as immigration enforcement is not comparable to speed limit enforcement on the roads. Caseworkers review each application individually and are expected to carefully consider your period of absences from the UK.
The advice remains the same: you should assume rules will be strictly enforced unless proven otherwise in exceptional circumstances

I maintain that it is statistically improbable that a leading immigration board does not have a single incidence (that I could find) where someone *actually* had their application withdrawn on this basis, while a legal advisor on this board (their own words), gives legal advice using statistics that are unfounded: the claim that 99.9% of applicants are not traveling is an obvious cliche or weasel statement.

[zimba]

We are not legal advisors and I never ever claimed to give out legal advice here.
We contribute here as unpaid volunteers and moderators.

It is quite fair to claim that 99% of applicants with pending applications do not travel outside the CTA as they fall foul of the immigration rules. In fact, they are advised by UKVI as well as UKVCAS about this regularly when they apply. Whether it is 99% or 98% or whatever does not change the advice given above. Cliche ?? weasel statement ??

You have been pointed to the rules in question and given clear reasoning behind the advice. I think this post is now concluded and continuation of this discussion is now futile

[vinny]

All,

I should have researched this better... I did travel outside the CTA back last year (July), just after biometrics for an ILR application. The ILR decision is well overdue, however I had a request for additional documents in November.
I fear that the application may be considered withdrawn under 34K. Is there a way to find out without poking the bear if the application has been struck down and when/how would I know to reapply?

Are there actually real-life cases where 34K is actively enforced if all else in good standing?

Thanks

Perhaps you may be lucky. In July 2021, the rules were different.

Withdrawn applications for leave to remain in the United Kingdom

34J. The proof of identity provided under paragraph 34(5) will be returned to the applicant whilst their application is being considered, unless the Secretary of State considers it necessary to retain it. Where the Secretary of State has retained an applicant’s proof of identity and the applicant requests the return of their passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn on the date that request is received by the Home Office.

34K. 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.

If you had provided only a copy and no original proof of identity was given nor returned, then it was unclear that they may treat your application as withdrawn.

Comments from another board prior to the rules changes:

ILPA received a reply some time ago from the UK BA, where the UK BA confirmed that if no physical ID document is submitted to the UK BA, then the application would not be treated as withdrawn.

Indeed, a few of my clients did leave the UK and returned with no problem, since submitting the online applications and enrolling for the biometrics. ILR were granted and then, 1 year after, they are applying for Naturalization.

Yet I am the old school and if a new client approaches me with the question “can I leave the UK” I am extremely cautions: “at your own risk”, despite a few successful cases.

Moreover, if they had requested additional documents in November, then they had not treated your application as withdrawn at that time? What were the additional documents that they had requested?

[michaelUKPH]

All,

I should have researched this better... I did travel outside the CTA back last year (July), just after biometrics for an ILR application. The ILR decision is well overdue, however I had a request for additional documents in November.
I fear that the application may be considered withdrawn under 34K. Is there a way to find out without poking the bear if the application has been struck down and when/how would I know to reapply?

Are there actually real-life cases where 34K is actively enforced if all else in good standing?

Thanks

hi!

Do you happen to have an update on your ILR application result? Thanks!