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Travelling between ILR form submission and Biometrics

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

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TJNZ
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Ancestry dependant applying for ILR

Post by TJNZ » Sun Jun 07, 2020 10:57 pm

Hi there,

I would be grateful if someone could help me with a few questions. I am looking to apply for my ILR visa soon as our 5 year visas are up. My partner has an Ancestry Visa and I am his dependant. Our visas run out on 3rd August.
    • Could someone please tell me under which category should I apply for my ILR? The below categories are available under ILR:
    Tier 1 or Appendix W dependants
    Tier 1 migrant
    Tier 2 dependant
    Tier 2 migrant
    Bereaved partner
    Representative of an overseas business
    Retired person of independent means
    UK ancestry
    Global talent
    Any other employment
    Other purposes or reasons not covered by other application forms
      • We are applying for our Life in UK test about 5 days before our Visas run out as there weren't any earlier available dates for us to take the test due to C19 closures. If hypothetically we fail the test is there anything we can do? There isn't anything on govt. website and they aren't providing more dates to set the test. We're booking almost 2 months in advance. This is quite frustrating.
      Any help is much appreciated.
      Thanks,
      TJ

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      zimba
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      Re: Ancestry dependant applying for ILR

      Post by zimba » Mon Jun 08, 2020 12:59 am

      Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

      TJNZ
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      Joined: Sun Jun 07, 2020 9:56 pm
      New Zealand

      Re: Ancestry dependant applying for ILR

      Post by TJNZ » Fri Jun 19, 2020 10:29 pm

      Hiya,

      Thanks for the response, was helpful. I will now be applying for my ILR through my partners application. We are now part way through our application (Set O).

      I have a few other queries:
      • Our visas end at the begging of August. That concludes our 5 years in the UK since we entered on Ancestry and Ancestry Dependant. Presumably it is ok for us to apply for our visas 28 days before we expire. Thus not needing to stay the entire 5 years?
          Is it right that I do not have to prove my relationship to my partner again? When we moved to the UK from NZ 5 years ago, I applied as his dependant on his ancestry visa, and we had to provide a lot of information to show our relationship was genuine. 5 years later, there are no questions about this?
        The last question, is regarding holidays taken. We've been stressing out that we need to prepare a list of all of our holidays that we've taken in the past 5 years, since we started our application, only the main applicant is asked to provide this information, not the dependant. Am I missing something, or is this true?

        Thanks very much for your help

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        zimba
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        Re: Ancestry dependant applying for ILR

        Post by zimba » Fri Jun 19, 2020 11:29 pm

        Our visas end at the begging of August. That concludes our 5 years in the UK since we entered on Ancestry and Ancestry Dependant. Presumably it is ok for us to apply for our visas 28 days before we expire. Thus not needing to stay the entire 5 years?
        Correct
        Is it right that I do not have to prove my relationship to my partner again? When we moved to the UK from NZ 5 years ago, I applied as his dependant on his ancestry visa, and we had to provide a lot of information to show our relationship was genuine. 5 years later, there are no questions about this? [/list]
        I assume not
        The last question, is regarding holidays taken. We've been stressing out that we need to prepare a list of all of our holidays that we've taken in the past 5 years, since we started our application, only the main applicant is asked to provide this information, not the dependant. Am I missing something, or is this true?
        As far as I know, family members do not have absence limits
        Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

        TJNZ
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        New Zealand

        Travelling between ILR form submission and Biometrics

        Post by TJNZ » Tue Jul 07, 2020 5:56 pm

        Hi guys,

        My partner and I applied today for ILR via Ancestry Visa.

        Our current visa runs out on the 3rd of August 2020, and we were eligible to start our application 28 days before hand, as such we have submitted the ILR form today (Tues 7 July), and are waiting for Biometrics appointment, so haven't submitted all the supporting documentation yet.

        We planned to go on a trip to Spain between 17th July and 26th July (before our visa expires) does anyone know if this will be an issue because we submitted our ILR form, but not the biometrics yet?

        Can someone shed some light please?

        Thanks,
        TJ

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        zimba
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        Re: Travelling between ILR form submission and Biometrics

        Post by zimba » Wed Jul 08, 2020 11:25 pm

        You should not travel when you have a pending application. It will be considered withdrawn. This technically applies to all current online applications as passports are no longer taken from applicants at all. Here is the paragraph 34 of the immigration rules:
        34K. Where proof of identity provided under paragraph 34(5) has been returned to the applicant pending a decision on their application for leave to remain and the applicant travels outside the common travel area their application for leave to remain shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.
        Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

        TJNZ
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        Re: Travelling between ILR form submission and Biometrics

        Post by TJNZ » Fri Jul 10, 2020 9:25 pm

        Hi Zimba,

        Thanks for your response. Do you know, if that would still be the situation if we have time on our visas? For e.g. if we travel before our visas expire (i.e. 3rd August).

        I read online here: https://assets.publishing.service.gov.u ... .0-ext.pdf

        Page 21***

        If a person with an outstanding application, travels outside the CTA, the application
        does not give them any right to re-enter the UK to receive a decision on their
        application. They are liable to be refused entry, unless:
        • they are allowed to re-enter the UK with a different type of leave
        their existing leave has not yet expired and is not cancelled at the border


        What do you think?

        Are you able to send me a link please to the document you are also referring to?

        Kind regards,
        TJ

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        zimba
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        Re: Travelling between ILR form submission and Biometrics

        Post by zimba » Sat Jul 11, 2020 12:50 am

        Surely you can return and enter the UK while holding a visa but leaving CTA means any pending application will be withdrawn. Two separate issues
        Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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