Greenie wrote:Para 34J
Withdrawn applications or claims for leave to remain in the United Kingdom
34J. Where a person whose application or claim for leave to remain is being considered requests the return of his passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn as soon as the passport is returned in response to that request
Section 3C(3)
(3)Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom
Thanks for the regulatory references and above is all very clear.
However theoretically - if you had an emergency / temporary / alternative passport, and you don't ask for the return on the passport lodged with the UK BA, would that mean that 34J won't apply and your application still continues.. And if yes, does that mean there's a chance they can still grant/ approve your ILR?
So UK BA -
Page 47 of 59 Guidance – Specified application forms and procedures – version 3.0 Valid from 15 December 2011
Withdrawn applications
Background
This page tells you when an application made on a specified form is considered to be withdrawn and the action you must take.
If a person who has made an application requests that their passport is returned so they can travel outside the common travel area (CTA) before a decision is made on their application, you must treat the application for leave to remain as withdrawn. The power to withdraw the application in these circumstances comes from paragraph 34J of the Immigration Rules.
You must ask the person to confirm their request by letter. If the request is urgent, you can return the passport if you receive a fax or email. You must record the details in the case notes on CID. You must treat the application as withdrawn regardless of whether or not the applicant subsequently travels. You must not refund the specified fee and the applicant has no right of appeal against the withdrawal. This is because there will not have been a decision to refuse to vary leave.
You must not withdraw an application if the person:
• travels outside the CTA on another passport, an emergency travel document or illegally, unless they also request the return of their passport for travel outside the CTA, or
• requests the return of their passport for purposes other than travel. For example to open a bank account, take the Life in The UK Test or apply for an identity document not related to travelling outside the CTA.
You can withdraw an application, outside of paragraph 34J of the rules, if the applicant makes a clear, unambiguous request for consideration of their application to be stopped. If the request is ambiguous, you must confirm the withdrawal request with the applicant. You must only accept this if the request is in writing and it is clear and unambiguous.
This was just the result of a google search. I am clearly not an expert. And I don't know how this document fits into the laws and rules. And there's probably something else that says leaving the country is factored into your application - (I mean surely leaving the country illegally will be considered in your application).
And there's still the 3C issue where leave lapses if you leave the country.. But what if you don't rely on this (eg stay out of the country until the application is decided)?
SO if leaving the country does not withdraw your application, do they still need to decide on the merits of your application? And if so, does leaving the country legally on another passport or emergency travel document impact on the merits of your application?
Just asking since its an interesting question... again all theoretical. Still waiting for my ILR however frustrating that is for the moment... but hey I have time to kill now.
