medical family emergency travel while awating ILR decision

[omkar1311]

hi, can I travel to India and come back while waiting for my ILR application under normal service, in case of a family medical emergency back home ?

please revert.

[CR001]

No. If you leave the UK while your application is pending, it will be considered withdrawn and if your visa has expired, your Section 3C protection under the immigration rules will cease and you would not be able to return to the UK.

[omkar1311]

ok, in such a case can my wife and kids continue to stay in UK while I alone go to india due to medical emergency while waiting for ILR decision ? My wife and my kids are tier 2 dependents who have applied for ILR with me. Will only me going to India make my wife and kid's ILR application void as well or their would continue to be still valid ?

Many thanks,

[CR001]

They don't qualify for ilr if your application fails and is withdrawn if you leave the UK.

[omkar1311]

ok, then can me and my wife make separate ILR applications ? or does the fact that my wife who is my Tier2 dependent HAS to apply for ILR along with me ?

[CR001]

A tier 2 dependent CANNOT apply for ilr independently. They only qualify to apply at the same time as the main tier 2 visa holder or after the main tier 2 visa holder has already got ilr based in tier 2 route.

[omkar1311]

The entire problem is due to COVID-19, Had this virus not appeared, I would have applied same day visa and got everything sorted with no issue.

I have stayed in UK since 3rd Aug 2014 till now, so close to 6 years now on Tier 2 general visa.

1) Can I extend my Tier-2 general visa somehow due to virus situation ?

2) Any expectation on when same day ILR service would open ?

Regards,

[CR001]

1. No. You cannot hold tier 2 general for more than 6 years. Why did you not apply for ilr in July last year when you qualified if you have been on tier 2 since August 2014??

2. No idea as yet, but it might be a while as there will be a backlog of applications.