Visa application withdrawal with current leave expired

Hello members,

My ILR application based on ten year residency is under process and attended my biometrics as well.

My query is related to FLR(M) application of my wife that is under process. She submitted her application in UK on 28th of April and her current visa (Tier 2 dependant) has expired. Her biometrics appointment is due in early July.

Unfortunately, my wife was diagnosed with a blood clot in the brain and she underwent treatment and is now stable. However, she has a long recovery period ahead and this is affecting her mental health severely. She is very homesick and wishes to be between her family members for her mental health and quicker recovery.

Therefore, she wishes to withdraw her application and leave UK immediately.
I believe this is the online link where she can request for application withdrawal and leave UK.

We have the below queries for which we are seeking advice:

1. The above withdrawal link has this text which is confusing:
"Your form will be rejected if you do not hold valid leave to enter/remain in the UK or you have made an application for further leave to remain before the expiry of your leave to enter/remain but your previous leave has now expired. This is because in these circumstances your documents will only be returned to you if you intend to make a voluntary departure from the UK."

we think this might not be relevant to her application as she posses her passport and UKVI has no documents to return. Is that a correct assumption?

2. If she submits the withdraw application today. Can she leave UK in 2-3 days? Does she have to wait for any other confirmation from the UKVI?

3. Once she recovers with her health, can she make an application for FLR(M) from India later this year after I receive my ILR. Will the current withdrawal of the application have any impact on her future FLR(M) application?

Thank you in advance.

How many years has she already spent in the UK?

If she applies from abroad, she will not be applying for FLR(M), but a fresh entry clearance from scratch. Her ILR clock will reset to zero (which it would have done anyway when she switched from Tier 2 dependent to FLR(M) within the UK, so no gain, no loss there).

If she has any plans to apply for ILR(LR), that clock will reset to zero as well.

Thank you for the response.

Yes, you are right, it will not be FLR(M) when she reapplies from India.

She has spent 2.5 years in UK already but the clock will reset any which way now.

An update:
I managed to speak to UKVI and they informed to withdraw the application online on the day she leaves UK. In such a case, she will not be considered overstay.

If the application was made prior to the expiration of her visa, then she is currently on 3C leave.

Should she leave the UK today, even without informing UKVI, the application will eventually be considered withdrawn by them. In this circumstance, overstay will not come into play, I believe.

Korekt wrote: ↑

Fri Jun 18, 2021 6:09 pm

If the application was made prior to the expiration of her visa, then she is currently on 3C leave.

Should she leave the UK today, even without informing UKVI, the application will eventually be considered withdrawn by them. In this circumstance, overstay will not come into play, I believe.

Agreed. But I am not sure if there will be any refund if she goes down that way.

Correct.

Especially as it's been stated the applicant is yet to attend biometrics.

secret.simon wrote: ↑

Fri Jun 18, 2021 6:27 pm

Korekt wrote: ↑

Fri Jun 18, 2021 6:09 pm

If the application was made prior to the expiration of her visa, then she is currently on 3C leave.

Should she leave the UK today, even without informing UKVI, the application will eventually be considered withdrawn by them. In this circumstance, overstay will not come into play, I believe.

Agreed. But I am not sure if there will be any refund if she goes down that way.

You are right. There is no refund that way.
We withdrew her application the day she was flying and she lft UK the same day. Complete refund of IHS fees and application fee was provided in a week`s time.