Is travel out-with UK allowed when ILR(M) has been applied for but current biometric pass still valid?

[StuartG]

Hi,

We're about to apply for my wife's ILR (M). I see the current timescales are just over 4, potentially up to 6 months. Couple of quirks for us different to most:

Timeline:
Oct 2015 - Youth Mobility Scheme Visa starts (2 years)
Oct 2017 - Applied for FLR (M) at centre, FLR(M) granted for initial period of 2.5 years
March 2020 - Applied for FLR (M) extension online.
Summer 2020 - Covid Pandemic delayed FLR (M) extension processing.
September 2020 - FLR(M) 2.5 year extension granted - biometric pass expires March 2023.

Going by the timescales above and other posts in this forum I now believe we could have applied for ILR (M) anytime from five years after her initial entry i.e. Oct 2020 onwards (didn't realise this before!).
And also that we absolutely need to apply for it before my wife's biometric pass expires in March 2023?

The issue is my wife is travelling out the country for a week in September, and we have a holiday abroad booked in January 2023. Am I right in thinking we can apply for ILR now, and she can still travel on those dates (even with an ILR application in the system) as her biometric pass doesn't expire until March 2023? Or are you not allowed to travel outside the UK with a current application on the go?

Any advice appreciated!

Thanks,

Stuart

[CR001]

Going by the timescales above and other posts in this forum I now believe we could have applied for ILR (M) anytime from five years after her initial entry i.e. Oct 2020 onwards (didn't realise this before!).

No, this is not correct. The Tier 5 YMS Visa cannot be used to make up 5 years as Tier 5 doesn't count for ILR. She needs 5 years on FLR(M) visa to qualify for ILR. She can apply no sooner within 28 days before the 5th anniversary of her first grant of FLR(M) visa.

And also that we absolutely need to apply for it before my wife's biometric pass expires in March 2023?

She must apply before her current visa expires otherwise she becomes an overstayer.

The issue is my wife is travelling out the country for a week in September, and we have a holiday abroad booked in January 2023. Am I right in thinking we can apply for ILR now, and she can still travel on those dates (even with an ILR application in the system) as her biometric pass doesn't expire until March 2023? Or are you not allowed to travel outside the UK with a current application?

She cannot travel out of the UK while an application is pending with UKVI. If she does, it will be considered withdrawn and she loses the fee paid.

Apply for ILR after returning in January 2023 to be on the safe side.

[StuartG]

Thanks very much CR001 for the quick response!

Not sure where I got the idea that the YMS visa counted towards my wife's 5 years - but as you say it's wrong.
Think I agree and we'll hold off till after our holiday in Jan just to be safe.

Many thanks!