Immigrationboards.com

Can I just check if anyone has had their application cancelled on requesting return of their passport?

Set (O) guidance:

Your application will be treated as withdrawn if your
passport is returned for travel abroad before we are
able to decide the application.

I received the Set(O) Ancestry acknowledgement letter on 07/09/12 and did the biometrics in December. It's been 5 months since application and I would like to travel on 21/03/2013, which would be over 6 months since application.

But I am scared that if I ask for the passport back they will cancel my application.

Any experience of this or advice please?

Although it may well be unlawful, there's a strong risk that they will cancel your application as withdrawn.

Do you know if they can still cancel the application if I request after the 6 months has expired?

You need to postpone your travel plans until you hear definitely about your ILR. What's the point in withdrawing your application now.!!!

bbc123 wrote:Do you know if they can still cancel the application if I request after the 6 months has expired?

Yes, they can do. You may want to try escalating via your MP, if you do not receive a decision after 6 months... It helped this applicant who had an urgent need to travel on compassionate grounds: http://www.immigrationboards.com/viewtopic.php?t=125249

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Thanks for the responses.

@cs95tdg very useful. Thank you.

@kevin24 I am not withdrawing my application. I am asking if requesting my passport will result in a cancellation. I won't request if it will.

I can't find any past threads where passport return request on a set(O) ancestry form (or any form) has resulted in a cancellation, but I'm not handy with the search function. Please could you post links if you find any?

Other posters have mentioned the facility to say NO on the Document Return Request Form when it asks if you are withdrawing the application. Again, I can't see if anyone has sent in this form with a NO in the box and had a cancellation made anyway. Please post if such a horror has occurred!? I am tempted to do the form with a NO to withdrawal but it feels like Russian roulette.

Many thanks again.

bbc123 wrote:I would like to travel on 21/03/2013, which would be over 6 months since application.

If you are requesting your passport for the purposes of travel outside the CTA, then your application will be treated as withdrawn under 34K.

Moreover, if your leave had expired, then the continuation of leave under Section 3C will lapse (3C(3)) on your withdrawal/departure.

vinny wrote:

bbc123 wrote:I would like to travel on 21/03/2013, which would be over 6 months since application.

If you are requesting your passport for the purposes of travel outside the CTA, then your application will be treated as withdrawn under 34J.

Moreover, if your leave had expired, then the continuation of leave under Section 3C will lapse (3C(3)) on your withdrawal/departure.

Thank you - very clear. Question answered.