passport return request on compassionate ground for set(o)

[only-one-king]

Hi all
we applied for ILR under SET(O) via postal application 25th feb 2013 and now my brother is law is serious health problem in fact on ventilator.
will any seiour guide me what to do. if i ask for our passports backthen what will be the outcomes like
1- will our application will be still valid. ?my wife is main applicant and me as husband and our daughter are dependents.
2- can we go to india. if we go to india then can we come back or do we need to wait there for decision.
3. while in india if ILR applicartion will be successful then.. or if rejected ,will we get the same appeal right while in india.
any other pros/cons plzz guide .. any reply will be greatly appreciated ....
Regards--

[Gagan1986]

To go to India you will have to withdraw your application which means your fee will not be refunded an you will have to apply for ILR again. As far as returning to UK is concerned, it depends on your leave. When does your current visa expires?

[only-one-king]

Our visa is valid til tommorow I.e 14th march 2013 sadly my brother in law passed away this morning. Any further advice will me welcomed

[go2khurram]

very sad to hear about this. unfortunately in that case (i think) you will not be able to come back. better not to ask for the passport back until the decision is made

[Babz]

Sorry about your brother-in-law's poor health. I wish him speedy recovery.
Gagan1986 is right.you will end up forfeiting your application fee.
Since your present leave to remain expires tomorrow it will not be advisable to withdraw your application. What I can suggest is to get a confirmation of your brother's ill-health from his doctor(if possible).
With this in hand,go to/contact your local MP to write home office a letter asking them to expedite action on your application. It should work.
Again,it depends on when you plan to travel