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Online application submitted for ILR, want to travel before premium appointment, but after visa expiry

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makpat
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Online application submitted for ILR, want to travel before premium appointment, but after visa expiry

Post by makpat » Mon Oct 08, 2018 2:04 pm

Hi all,

Am hoping someone out there can help me.

I've submitted my online application for ILR (Set (M) today 08/08/18, and due to premium appointments being hard to come by, I have made a booking for 19/11/2018, which is after my visa expiry date of 28/10/18.

I am also travelling to Italy from the 26-31 October, so will be returning after my current visa expires.

As far as I understand, my application date is today (based on 34G of the Immigration Rules https://www.gov.uk/guidance/immigration ... appLTRinUK, and my current visa status remains until a decision is made, so in theory should be ok but wanted to know:

1) has anyone else submitted an online application before expiry date, and had a premium appointment after their expiry date? Was that ok?
2) has anyone travelled whilst waiting for their premium appointment, and after their current visa expired? if so, what was your experience of coming back through the border?

Any help would be much appreciated.

Thanks,
Makpat

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CR001
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Re: Online application submitted for ILR, want to travel before premium appointment, but after visa expiry

Post by CR001 » Mon Oct 08, 2018 2:06 pm

For ILR, the application date is the date of your premium in person appointment and not the date you submit online.

You should not leave the UK if your visa has expired as you won't be able to return and re enter.
Char (CR001 not Casa)
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makpat
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Re: Online application submitted for ILR, want to travel before premium appointment, but after visa expiry

Post by makpat » Tue Oct 09, 2018 7:44 pm

Thanks CR001

Appreciate you responding.

Under 34G (iv) it says that for online submissions, the date of application is the date the online application is submitted. Have referenced it here. "For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E) is made is:(iv) where the application is made via the online application process, the date on which the online application is submitted whether or not a subsequent appointment is made at a Home Office premium service centre."

However, I will continue to find an appointment prior to my departure to avoid having any trouble, or having to cancel my travel plans.

Would be good to know if anyone else has been in the same situation, or even if they have just booked an appointment following their visa expiry date - feel like that must happen quite a bit due to the difficulty in getting appointments!

Makpat

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CR001
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Re: Online application submitted for ILR, want to travel before premium appointment, but after visa expiry

Post by CR001 » Tue Oct 09, 2018 8:52 pm

Would be good to know if anyone else has been in the same situation, or even if they have just booked an appointment following their visa expiry date - feel like that must happen quite a bit due to the difficulty in getting appointments!
Yes many and they have all confirmed that date of application is the date of premium appointment, which must be before your visa expires. It is your appointment that must be within 28 days before completing the residence period.

indefinite-leave-to-remain/set-m-fillin ... l#p1654781

indefinite-leave-to-remain/set-m-fillin ... l#p1663897

Really important to note that you will likely be unable to re-enter the UK if your visa has expired if you choose to travel. You have left it very late to get an appointment in October.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Djsuccess
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Re: Online application submitted for ILR, want to travel before premium appointment, but after visa expiry

Post by Djsuccess » Wed Oct 10, 2018 6:18 am

makpat wrote:
Tue Oct 09, 2018 7:44 pm
Thanks CR001

Appreciate you responding.

Under 34G (iv) it says that for online submissions, the date of application is the date the online application is submitted. Have referenced it here. "For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E) is made is:(iv) where the application is made via the online application process, the date on which the online application is submitted whether or not a subsequent appointment is made at a Home Office premium service centre."

However, I will continue to find an appointment prior to my departure to avoid having any trouble, or having to cancel my travel plans.

Would be good to know if anyone else has been in the same situation, or even if they have just booked an appointment following their visa expiry date - feel like that must happen quite a bit due to the difficulty in getting appointments!

Makpat
Even if you have a valid application under consideration, you are always advised not to travel. In your case, your visa will expire while you are outside the country. You will not be able to enter the country on an expired visa. Having your visa expire while your application is being processed only gives you the freedom to continue to reside and work in the country until a decision is made, it doesn't give you the freedom to go in and out of the country without a valid visa
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions and interpretation of the appropriate UKVI guidance documents and immigration rules.

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CR001
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Re: Online application submitted for ILR, want to travel before premium appointment, but after visa expiry

Post by CR001 » Wed Oct 10, 2018 7:09 am

In addition to user djsuccess advice, if you are able to get an appointment before your visa expiry date, you won't get your ILR brp card on the day, it only gets sent out a few days after your appijntnent. You need this too if you wish to travel and re-enter the UK.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Djsuccess
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Re: Online application submitted for ILR, want to travel before premium appointment, but after visa expiry

Post by Djsuccess » Wed Oct 10, 2018 3:30 pm

makpat wrote:
Tue Oct 09, 2018 7:44 pm
Thanks CR001

Appreciate you responding.

Under 34G (iv) it says that for online submissions, the date of application is the date the online application is submitted. Have referenced it here. "For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E) is made is:(iv) where the application is made via the online application process, the date on which the online application is submitted whether or not a subsequent appointment is made at a Home Office premium service centre."

However, I will continue to find an appointment prior to my departure to avoid having any trouble, or having to cancel my travel plans.
You will need a miracle to get a date in October. In addition to searching for a date before your visa expires, you should also be looking to amend your trip to Italy (go earlier than initially planned so you can come back before your visa expires) or you can wait until you have your ILR BRP. You don't want to put yourself at the risk of being refused entry by the entry officer if you are planning to re-enter with an expired visa or even 1 day validity.

Would be good to know if anyone else has been in the same situation, or even if they have just booked an appointment following their visa expiry date - feel like that must happen quite a bit due to the difficulty in getting appointments!

Makpat
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions and interpretation of the appropriate UKVI guidance documents and immigration rules.

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