need to travel urgently but my papers are with HO

[VN]

Hi everyone

I applied for ILR JR 12 weeks ago. Shortly after I've applied by post for myself & my husband, who is the dependent, I received the confirmation letter and the fee was taking out from my account.

Following the forum, I can see that usually people start receiving some information about their papers starting with the 19th weeks, which is at least another month and a half of wait.

During last couple of days, my husband's grandmother, whom he hasn't seen since September 2009 is feeling really bad and the family are fearing for the worst. Obviously my hubby is very upset as can't travel to see her and he is quite close to her. She also hasn't had the chance so far to meet our 17 month old twins (which we haven't included in application).

Maybe some of you had similar situation when they had to travel urgently, but haven't received the papers back. What should we do?

Thanks in advance

[vinny]

Write and request that they speed up their decisions, explaining your circumstances. Do not withdraw the applications.

[VN]

Write and request that they speed up their decisions, explaining your circumstances. Do not withdraw the applications.

Hi do I do it and what's the address I should use for that? I also don't want to withdraw the applications, as it takes ages for them to decide as it is.

[vinny]

If you've got any confirmation of applications from them, then use that address? Include all relevant reference numbers.

[VN]

If you've got any confirmation of applications from them, then use that address? Include all relevant reference numbers.

thanks, vinny, will do so
anyone with similar cases, could you share your experience, please?
interested to see if this type of requests usually work (

[VN]

Hi all,

we discussed with hubby if we should send the letter to HO or not and decided to wait a bit, esp that the last of couple of days the situation with his grandmother is improving (hopefully it stays that way)

but there is another question - we are also holding a second EU citizenship (Romanian), which we received last year through ancestry routes. Theoretically, we should be able to travel in & out of UK using the Romanian passport while our other passports are with the HO. However, when I emailed (twice) the HO asking if it was OK for us to travel while they are deciding on our ILR case, on both occasions they advised us not to do, as the customs border agency has the right not to let us in. In one of they email, they even said that if we do travel with our Romanian passports, the HO may stop considering our ILR application and return our papers back.

How correct is the information? By travelling I'm not using my EU treaty rights, I'm still working here on my old HSMP visa, etc, so, logically, I should be free to travel in and out of UK while they are looking over my ILR case. Please explain if I'm wrong.

Also, how much of a risk would it be if I do decide to travel on my other passport? While coming back in UK, would the border agency staff be able to track me as the same person but who has entered previously on a different citizenship?

Your opinion on this would be appreciated.

[VN]

any thoughts on this?

[vinny]

34J and 3C(3) and 3D(3).

[VN]

34J and 3C(3).

thanks, vinny

[ajcalabr]

Did you ask for the Home Office to progress your application as a matter of urgency? I havn't read the provision that vinny provided you. What do they tell us?

[ajcalabr]

34J is specific to applicants wanting to travel using the passport they have used for the ILR application.

The legislation does not say that exiting and entering the UK via a valid means (ie using another valid EU passport) will invalidate the ILR application. That said, there wouldn't be too many candidates falling into this category as they wouldn't need to apply for ILR given their EU national status. I am doing this so I can attain British citizenship in the future.

[IsraGuest]

The application is still pending, but I must make some urgent travel arrangements.
I consider doing a different thing - going to the embassy and getting a temporary travel document to my country (this will however invalidate my passport that is being considered by the HO).

I am actually, not sure that this must decline me from getting a visa.

If I read correctly the references that vinny gave - then:
34J - is valid in case I want to retrieve my original travel documents
3C(3) - is valid in case that the leave to remain is extended by virtue of the original leave to remain lapsing while the application is being considered by the home office
3D(2) - is relevant in case the leave to remain lapses and there is an appeal process underway

I could find no reference to any case that the passport is invalidated while it is being processed.
Regarding travel, however, the application is certainly not considered withdrawn if a person travels with another document. Perhaps the application may not be considered, but it does not state so anywhere.

http://www.ukba.homeoffice.gov.uk/sitec ... edures.pdf

"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."

What do you think?

I also saw in th e
I could also find no reference using another document to any case that the applicant travels outside the UK while the passport is extended