Starting application soon but needing the Passport

Hi there,

I’m very new to the idea of ILR and have researched and looked for some answers online, but I still have some questions that I was hoping that someone here could help me with. I will give some context before I start:

I currently have a Tier 2 (General) Migrant Work Visa, that I got sponsored by the company I work for. This visa expires on the 1st of October, completing 5 years. I’ve checked all the requirements needed to apply for ILR and my understanding is that I qualify for it and can start the process of application on 3rd of September (28 days before my visa expires).

I have a international trip to USA booked for the 6th of September, with a return scheduled for the 16th of September (2 weeks before visa expires). I can’t cancel this trip. I am also hoping that I can potentially get the “emergency service” to speed the ILR process up.

With all this info out of the way, I was wondering:

1. When the rules say that I can only apply 28 days before my current visa expires, does it mean initiate the whole process/open the process for ILR at that time, or does it mean for the final appointment to get ILR? I think what I mean is: could I already open my process tomorrow if I would like to, and start sorting out biometrics and any initial needs for the application?

2. At what point of this whole process I have to give away my passport and how long for they would hold my passport with them? Is there a way to decrease this waiting time? (Given the timeline for my trip)

3. If I use the “emergency service”, could I potentially open my process on the 3rd of September (28 days before visa expires) and get my whole ILR sorted out by the 5th of September (a day before my trip)? When in this timeline I would have to provide the biometrics?

4. Finally, if this is very risky given my timeline for the trip, is there a way to open the ILR process (so I can get a letter that proves that this is my intention) and then use this letter when I come back to the UK on the 16th of September? My biggest fear at the moment is that immigration might find odd that I still didn’t start the process of renewing it/or applying for ILR, 2 weeks before it finally expires, and might not allow me back to the country. Could that even happen? I would still have 2 weeks left in my Work Visa before expiration.

Thank you so much!

1. Date of application is the date you submit and pay online. So do not apply more than 28 days before you qualify. Members have been refused ilr for applying too early. The date of appointment is irrelevant.

2. You don't give your original documents anymore. You scan and upload them before your appointment.

3. There is no "emergency service". You have super priority which is potentially a decision within 24 hours though it is not guaranteed, costs an extra £800. Approval plus one thing, the brp card can take up 10 days to be delivered.

4. You are overthinking. You are free to enter the UK at anytime while you have a valid visa. They won't wonder why you haven't done anything about extending or ilr.

I suggest you apply once you have returned. You should also be aware that while your application is pending, you cannot travel out of the UK as your application will be considered withdrawn and you lose your fee.