ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR SET(O) Application submitted on holiday outside UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
sai00555
Newly Registered
Posts: 1
Joined: Thu Dec 16, 2021 10:19 pm
United Kingdom

ILR SET(O) Application submitted on holiday outside UK

Post by sai00555 » Thu Dec 16, 2021 11:13 pm

Thanks in advance for looking into my question on ILR application.

Hi board members,

Below is my immigration history I am eligible for ILR as Tier-2 General dependetn as well as 10 year long residency. I have submitted my ILR SET(O) application as Tier-2 General dependent yesterday from USA.
I filled application while I was on holiday and submitted from USA.

My question is, will this cause any issue as I submitted this outside UK and how does this impact on absences As I didnt include the short trip to USA in the application. I will be returning back to UK on 1st week of January.

It says I should upload documents and give biometric before 22 Feb 2022. but my visa expires on 11 Jan 2022. So am I ok to give Biometrics after visa expiry?

Can we cancel and reapply?
or
leave the application as is and explain if they ask more questions abount the short holiday.

Any suggestion would help me on how you would have dealt if you has the same situation.

Not sure if made the right decision to submit as ILR dependent rather than submitting on Long residency.

Immigration History
I came to UK on JAN-2012 as student - Expiry- SEP-2010
Applied for PSW in SEP-2010 - Expiry - OCT-2012
Applied for Tier-2 General on OCT 2012 - Expiry NOV-2015
Married in JAN- 2014 and became Tier-2 General PBS Dependent - Expiry NOV-2015
PBS Dependent extension NOV-2015 to Expiry - DEC-2018
Tier-2 Geneal Main Applicant got ILR in DEC-2017
My 5 year period dint complete as dependent so I ahd to extend as Tier-2 ILR PBS dependent.
Tier-2 ILR PBS dependent DEC-2018 to 11-JAN-2022.

User avatar
zimba
Moderator
Posts: 23362
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR SET(O) Application submitted on holiday outside UK

Post by zimba » Fri Dec 17, 2021 1:52 am

Applications made from outside the UK
A person can make an application to vary their continuing leave from outside the UK.
Paragraph 33A of the Immigration Rules confirms this. Although such an application
can be made from abroad, paragraph 33A is clear that the Secretary of State is not
obliged to consider such an application. However, if the applicant leaves the UK with
extant leave, makes an application to extend that leave from abroad before their
leave expires, they transition onto section 3C leave and will have 3C leave
indefinitely if we do not decide the application.
https://assets.publishing.service.gov.u ... ations.pdf

So you should be ok as long as you return and enrol your biometrics. You simply have to add the last absence period as an extra document. Section 3C should protect you after your visa expiry
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Locked