Can we fly out/in BEFORE visa appointment?

bobsleigh2342 · Post by **bobsleigh2342** » Mon Sep 18, 2023 8:30 pm

I'm applying for ILR on basis of living in UK for 10 years.

In reality, one of my main reasons for wanting to apply for ILR (whilst I have a few years left on my current Leave), is that ILR will provide access to benefits. I am on a low income, have had no access to benefits in 10 years. I have a British child now aged 6. However I don't know if it would work against me to say that I need the safety net offered to others to ensure the welfare for my child. Or if it would look better if I didn't mentioned wanting benefits at all.

I note the application form does say: other reasons to stay in the UK: For example, include any information you wish to be considered about the welfare or best interests of any children who will be affected by the decision.

And on a related point, am I correct that there is no financial requirement for ILR 10 years long residence?

Thank you kindly

bobsleigh2342 · Post by **bobsleigh2342** » Mon Sep 18, 2023 8:33 pm

The guidance states - You cannot count time spent in the UK:

on a Standard Visitor visa or as a visitor without a visa
on a Short-term study visa
on a Seasonal Worker visa
on immigration bail
in a prison, young offender institution or secure hospital

I assume some months spent on a fiancé visa is acceptable towards the 10 years?

bobsleigh2342 · Post by **bobsleigh2342** » Mon Sep 18, 2023 8:42 pm

For set(LR) 10 years long residence, is it best to minimize all existing friendships/social groups (eg facebook) with those back in birth country, as it sounds like the Home Office may use this to help deny ILR on the basis that the applicant could integrate back home fairly easily.

Eg, the application asks:

Do you have any friends in your country of birth, nationality or any other country where you have lived for more than 5 years? Explain why you do not have friends in any of these countries

Are you part of any social groups or do you have other cultural ties in your country of birth, nationality or any other country where you have lived for more than 5 years?
Explain why not. This could include reasons you or your family would not be able to integrate into any of these countries. 500 chars

Or should I just use this to emphasize dwindling ties with people in birth country, and new ties i've made with people in the UK over last 10 years?

Thank you

Post by **CR001** » Mon Sep 18, 2023 8:47 pm

It is not necessary to start a new topic with every question you have on the same application. Keep all questions about the same application in one topic, this one, which I have merged with your other individual topics started tonight.

In reality, one of my main reasons for wanting to apply for ILR (whilst I have a few years left on my current Leave), is that ILR will provide access to benefits. I am on a low income, have had no access to benefits in 10 years. I have a British child now aged 6. However I don't know if it would work against me to say that I need the safety net offered to others to ensure the welfare for my child. Or if it would look better if I didn't mentioned wanting benefits at all.

You should not say that. You do not need to state a reason why you are applying for ILR.

I note the application form does say: other reasons to stay in the UK: For example, include any information you wish to be considered about the welfare or best interests of any children who will be affected by the decision.

It is not compulsory to explain everything and that you want to claim benefits.

And on a related point, am I correct that there is no financial requirement for ILR 10 years long residence?

Correct.

bobsleigh2342 wrote: ↑
Mon Sep 18, 2023 8:33 pm
The guidance states - You cannot count time spent in the UK:

on a Standard Visitor visa or as a visitor without a visa
on a Short-term study visa
on a Seasonal Worker visa
on immigration bail
in a prison, young offender institution or secure hospital

I assume some months spent on a fiancé visa is acceptable towards the 10 years?

All visas count except for those explicitly stated as excluded.

For set(LR) 10 years long residence, is it best to minimize all existing friendships/social groups (eg facebook) with those back in birth country, as it sounds like the Home Office may use this to help deny ILR on the basis that the applicant could integrate back home fairly easily.

It is not a question that will result in refusal. Simply answer truthfully. I would urge you not to embellish your circumstances or minimise them etc. Just be honest. Note that social groups is NOT about 'facebook'. It is church group, book club etc, stuff like, nothing to do with social media.

Post by **zimba** » Tue Sep 19, 2023 12:52 am

The question on cultural ties or other such questions on the form have NO effect on the ILR. Provide minimal info

bobsleigh2342 · Post by **bobsleigh2342** » Tue Sep 19, 2023 9:27 pm

Thank you zimba and CR001. That's been very helpful. Apologies for the separate threads initially.

bobsleigh2342 · Post by **bobsleigh2342** » Mon Sep 25, 2023 5:47 pm

Quick question if I may - in a previous visa application I disclosed a PCN for driving in the wrong lane. (paid promptly), as the application does ask for 'convictions and other penalties', eg a penalty for a driving offence.

Following Zimba's advice on numerous similar threads about it not being a recordable offence, so no point in declaring it, am I good to leave it off the current application SET (LR) form? Or will it look like I'm trying to hide something given that it was declared on a previous application form.

I would like to leave it off because:
a) I don't want it to hamper the speed of processing this ILR application
b) According to Zimba's advice, it's not required to give anyway.

I'm guessing that the HO simply do a search on the Police National Computer (PNC) and if anything comes up on there they'd investigate. Anything not on there would be low level noise.

Post by **zimba** » Mon Sep 25, 2023 6:10 pm

PCN is not even issued in your name. It has no relevance to you or your application

bobsleigh2342 · Post by **bobsleigh2342** » Mon Sep 25, 2023 9:10 pm

Thanks Zimba, I'll take that to mean I should have nothing to worry about by not disclosing the PCN this time around? (as it's irrelevant to the application).

Post by **AmazonianX** » Tue Sep 26, 2023 4:09 am

bobsleigh2342 wrote: ↑
Mon Sep 25, 2023 9:10 pm
Thanks Zimba, I'll take that to mean I should have nothing to worry about by not disclosing the PCN this time around? Correct(as it's irrelevant to the application).

bobsleigh2342 · Post by **bobsleigh2342** » Mon Oct 09, 2023 6:26 pm

Have I just botched my whole visa?

I have submitted my SET(LR) visa online, and paid for priority visa.

I have not yet booked the biometric appointment or uploaded any documents, because I am leaving UK shortly for a holiday.

I will book the appointment for AFTER I return. But I was going to book that date BEFORE I travel.

Is my application void if I travel out/in to the UK before the visa appointment?

In my mind, I thought it was the case that we should not leave the UK whilst a visa decision is pending, and that my visa application wouldn't be pending until after I have attended the biometric appointment.

Thank you

Post by **zimba** » Mon Oct 09, 2023 6:40 pm

The date of your application is when you submit it online, so if you leave the UK after that your application is considered automatically withdrawn. The date of your appointment is totally irrelevant. A visa application becomes pending upon submission

bobsleigh2342 · Post by **bobsleigh2342** » Mon Oct 09, 2023 7:05 pm

Oh God. What's my best option?!

Post by **secret.simon** » Mon Oct 09, 2023 7:26 pm

Can you cancel the holiday?

bobsleigh2342 · Post by **bobsleigh2342** » Mon Oct 09, 2023 7:28 pm

What are the repercussions of cancelling a submitted visa on the same day as it was submitted? Does it have any implications for my current leave? Clock resetting? Ability to apply again shortly?

It says that it can be cancelled with a refund, if cancelled before appointment.

I would be cancelling it on the basis that my holiday could cause a problem. I have been in the UK just over 10 years.

bobsleigh2342 · Post by **bobsleigh2342** » Mon Oct 09, 2023 8:54 pm

@simon Thanks for your earlier question - I cannot cancel the holiday unfortunately.

From what I've read, it's possible for me to cancel the current visa submission, get a refund, and resubmit at the right time for me. But I need to understand if this will affect my current leave (which doesn't expire for a year) or affect any of the time I built up in the UK over my ten years (which I'm now just clear of).

I'd greatly appreciate any insight into those questions. Thank you

Post by **CR001** » Mon Oct 09, 2023 8:58 pm

if this will affect my current leave (which doesn't expire for a year) or affect any of the time I built up in the UK over my ten years (which I'm now just clear of).

It does NOT.

bobsleigh2342 · Post by **bobsleigh2342** » Mon Oct 09, 2023 9:15 pm

Thank you CR001.

So the apparent link for withdrawing an application, states:

Request for Return of Documents
This form should be used if:
You have an outstanding application with the Home Office and now wish to withdraw this and leave the UK

However, I don't wish to leave the UK... just to resubmit the application at a time that won't cause problems.

Is this the correct form to fill in?
https://eforms.homeoffice.gov.uk/outrea ... 1685653546

lolo2 · Post by **lolo2** » Tue Oct 10, 2023 12:12 pm

No issues - that's a standard wording of the form, you will keep your current valid leave.

bobsleigh2342 · Post by **bobsleigh2342** » Tue Oct 10, 2023 9:07 pm

Thank you, much relieved.

bobsleigh2342 · Post by **bobsleigh2342** » Tue Oct 10, 2023 9:39 pm

Is telephone or email the best way to apply for a SET refund (made within the UK, cancelled on same day as submission, no appointment booked), in anyone's experience? Would be pointless to call up for an hour on hold, only be told to send an email.

1594652-1-Process_to_request_a_refund.pdf

Or just wait and see if it's magically refunded, according to:
https://www.gov.uk/cancel-visa#:~:text= ... r%20refund.

Posts on this forum regarding HO refund timeframes look bleak.

Thank you

For others viewing this similar thread - the refund doc suggests:

If you are inside the UK you should contact us at: contact centre staff by telephone or
email and provide the following information for you and any dependants:
• name
• date of birth
• Nationality
• passport number
• IHS reference number (if applicable)
• GWF (13 digit) reference number (if applicable)
• visa application reference number
• reason for your refund request

lolo2 · Post by **lolo2** » Wed Oct 11, 2023 9:50 am

No need to call or email anybody, the refund is automatic.

If you’re eligible for a refund, it will be automatically paid into the bank account you used to pay your fees when you applied.

It can take up to 28 days to get your refund.

From personal experience, it can be more than 28 days so you need to be patient.

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