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ILR application submitted online while dependent child is outside of UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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StG
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Joined: Fri Jan 03, 2020 12:33 pm
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ILR application submitted online while dependent child is outside of UK

Post by StG » Fri Jan 03, 2020 1:00 pm

I am a British Citizen since 2017 by naturalisation via Tier 1 visa, originally Russian citizen.

My wife is Russian, married in 2014, entered the UK as Tier 1 Dependent (Spouse) on 30th of Jan 2015. She has a daughter (10 years old) from her previous relationship who leaves with
us as Tier 1 Dependant Child, and my wife has Sole Parental Responsibility for her.

Their current visas are valid till 28 Sep 2020.

The daugher is currently in Russia visiting her grandmother for new years celebration.
She left UK on 27th of Dec 2019 (a week ago), due to return to UK on 10th of Jan 2020 (in one week from today)

We submitted the ILR application for my wife and her daughter online today, opted for super priority service with aim to book the appointment for the day after daughter's return.

I didn't realise the application is considered submitted when I send it online, not when they attend the appointment. Now I read that if applicant goes outside of UK before decision is taken on outstanding application then applcation is considered withdrawn.

Question is if the daughter and her application is in trouble / should we try to withdraw the application now (before going to the appointment) or should we wait if she is re-admitted to the UK normally and then just go to the appointment and proceed as planned?

in this document they say "an application for leave to remain from a person who is outside the UK without continuing leave" is void : https://assets.publishing.service.gov.u ... .0-ext.pdf

BUT the daugher DOES have her current visa valid till 28 Sep 2020; so not sure what to do

any help is hugely appreciated

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zimba
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Re: ILR application submitted online while dependent child is outside of UK

Post by zimba » Fri Jan 03, 2020 3:16 pm

I suggest to proceed as planned. UKVI may grant the visas regardless
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

StG
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Posts: 7
Joined: Fri Jan 03, 2020 12:33 pm
United Kingdom

Re: ILR application submitted online while dependent child is outside of UK

Post by StG » Fri Jan 03, 2020 3:47 pm

thank you Zimba

StG
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Posts: 7
Joined: Fri Jan 03, 2020 12:33 pm
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Re: ILR application submitted online while dependent child is outside of UK

Post by StG » Fri Feb 07, 2020 2:49 pm

to update on the outcome:

daughter re-admitted to UK fine, no questions asked

ILR granted successfully to both my wife and her daughter, no issues

(apart from 1 week delay with super priority service, however in the letter they said they'll return the super priority service fee)

thank you everyone!
Cheers

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