Immigrationboards.com

Hi All,

Background
I initially applied for ILR Tier 1 generally in February 2016. After completing 10 yrs in UK I varied my application to ILR Long Residency in September 2016.

Since then I tried three times to upgrade to premium but each time I was informed that I wasn't eligible to upgrade.

Aside my UK application, I also I have Canadian Permanent Residency application which will expire on 23rd September 2017.

My Question is:


1.If I don't hear from UKVI before say 15th September 2017, what is the implication of leaving UK before the outcome of my application? Am trying to avoid loosing my Canadian Residency as well.
2. If my UK application is negative can I appeal from outside UK assuming I leave before the outcome is known.
3. can I be able to come back if my application is successful.

Thank you all in advance.

How will you leave the UK without your passport?

If you leave the UK, your application will likely be withdrawn/invalidated.

CR001 wrote:How will you leave the UK without your passport?

If you leave the UK, your application will likely be withdrawn/invalidated.

Hi Casa,

My passport is still with HO but it has expired now.
I plan to get a new one from my country embassy which I know will issue a new one based on the fact that my current is expired and they have the information about me on their system.

I don't plan to withdraw my application at all.

I am CR001 and NOT Casa.

You should not leave the UK while you have an application pending. If you get a new passport, you should also inform HO about this.

How will you re-enter the UK??

CR001 wrote:I am CR001 and NOT Casa.

Well they both begin with 'C' and we're females.

Casa wrote:

CR001 wrote:I am CR001 and NOT Casa.

Well they both begin with 'C' and we're females.

Also kindly see 34J of the immigration rules.

https://www.gov.uk/guidance/immigration ... -in-the-uk

34J. Where a person whose application or claim for leave to remain is being considered requests the return of his passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn on the date that request is received by the Home Office.

And 3C (3) (click) and 3D (3) (click)

You don't state when your Tier 1 General expired or is expiring and this is a key piece of information.

My apologies to both of you. And thank you for responding.
I was on Tier 1 general which has expired almost a year ago and varied to LR in September 2016.

JD Whisky wrote:My apologies to both of you. And thank you for responding.
I was on Tier 1 general which has expired almost a year ago and varied to LR in September 2016.

In that case, you current protection, which extends your Tier 1 G visa conditions, under Section 3C will end the day you set foot outside the UK and you will have no legal basis to be in or re-enter the UK.

CR001 wrote:

JD Whisky wrote:My apologies to both of you. And thank you for responding.
I was on Tier 1 general which has expired almost a year ago and varied to LR in September 2016.

In that case, you current protection, which extends your Tier 1 G visa conditions, under Section 3C will end the day you set foot outside the UK and you will have no legal basis to be in or re-enter the UK.

Ok i understand that. What if while am outside UK, i get positive outcome for ILR. Can I still return back to UK?

How will you re-enter the UK or even board a flight back to the UK?

That is assuming that HO doesn't consider your application as withdrawn when they find out you have left.

How do you propose renewing your passport without the expired passport or proof of your right to reside in the UK?

JD Whisky wrote: Ok i understand that. What if while am outside UK, i get positive outcome for ILR. Can I still return back to UK?

There are cases of people on this forum who found out that their ILR application was voided when they left the country. They do exit checks now.