SET (M) ILR application - help please!!

[KirstyS90]

Hello everyone,

My husband has recently completed his 5 years residency in the UK and we submitted his ILR application in January. We really need some help because we fear we've made a big mistake. He works abroad and since the application has been made he has left the UK and travelled to work.
We were told when we went to submit his biometrics that it was fine to leave the UK but to phone the home office before his return. He did this today and they told him he should never have left and his application may be withdrawn. His current BRP expires on March 20th 2021 and we are panicking and don't know what to do. Should he come back now? How do we find to if the application has been withdrawn? He left the UK on January 18th and we haven't heard anything from the home office. Is there anyone we can phone to speak to about this and find out status of his application?

We are really not sure what to do now.... any help would be much appreciated.

Thanks in advance.

[CULLINAN]

His application is automatically withdrawn when he travelled after submission of application. He should return to UK before 20th March 2021 and apply again before 20th March 2021. If he returns and fails to apply before valid leave expires, he will be classified as an overstayer. If he does not return, he will have to apply for an entry clearance visa abroad before he can return to UK.

[KirstyS90]

Hi there!

Thanks so much for replying. He travelled back the other day and is in hotel quarantine currently. We spoke to a lawyer last week who said it won’t necessarily be withdrawn and there were no questions from border force when he rentered the country. Do you know if there is any way to check if it has been withdrawn? Will the home office communicate with us if it has been withdrawn?

TIA

[CULLINAN]

34K. Where proof of identity provided under paragraph 34(5), or any other application for leave to remain, has been returned to the applicant pending a decision on their application for permission to stay and the applicant travels outside the common travel area their application shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.

https://www.gov.uk/guidance/immigration ... appLTRinUK

He risks being an overstayer after 20th unless a new application is made before that.