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Travel when you still wait for the decision

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

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gemini84
Newly Registered
Posts: 3
Joined: Thu Dec 24, 2020 10:28 pm
Turkey

Travel when you still wait for the decision

Post by gemini84 » Wed Jun 23, 2021 9:37 pm

Hi all,

I have a resident permit which expires in May 2022. I applied for ILR 9 weeks ago and still waiting for the decision.

I just want to be advised if I can travel while waiting for my ILR application with current my resident permit?

It is an urgent issue and need to travel asap. I was looking for ILR department e-mail address to expedite my application but I could not find their contact details. if someone knows and shares their e-mail address, would be appreciated.

Thank you in advance.

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: Travel when you still wait for the decision

Post by secret.simon » Thu Jun 24, 2021 12:21 am

gemini84 wrote:
Wed Jun 23, 2021 9:37 pm
I have a resident permit
Is that a resident permit issued under the EEA Regulations or under the Settlement Scheme or is it a resident permit issued under any other part of the Immigration Rules?

If it is the latter (issued under other parts of the Immigration Rules), then leaving the UK while the application is in progress automatically withdraws the application.

As your residence permit (leave to remain?) is valid till May 2022, you can travel and return and then start the ILR application from scratch again on your return.

Note that if the application is treated as withdrawn, you will not get a refund on the fees you have paid.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

gemini84
Newly Registered
Posts: 3
Joined: Thu Dec 24, 2020 10:28 pm
Turkey

Re: Travel when you still wait for the decision

Post by gemini84 » Thu Jun 24, 2021 3:31 pm

Hi Simon,

Thank you for quick response.

My visa is under the provisions of ECAA(Turkish European Community Association Agreement). Can I travel while waiting for the decision with this Resident Permit?

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: Travel when you still wait for the decision

Post by secret.simon » Thu Jun 24, 2021 3:48 pm

Appendix ECAA: Settlement indefinite leave to remain (ILR) and further leave to remain (FLR) guidance wrote:(Page 17)
Applications under consideration

Applicants should not make plans to travel outside of the Common Travel Area whilst their application is under consideration. If applicants request their passport back in order to travel prior to a decision being reached on their application, then such applications should be treated as being withdrawn in accordance with Paragraph 34J of the Immigration Rules.
Given that most applications are now made by scanning the passport rather than submitting the passport to the Home Office, I suspect that the provisions (that an application would be considered withdrawn if one leaves the CTA) apply by analogy.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

gemini84
Newly Registered
Posts: 3
Joined: Thu Dec 24, 2020 10:28 pm
Turkey

Re: Travel when you still wait for the decision

Post by gemini84 » Thu Jun 24, 2021 4:14 pm

Hi Simon.

I understand that it would be a big risk then.

Do you know their e-mail address to expedite my application?

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