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What does this mean ??
Posted: Fri May 18, 2018 11:02 am
by Et1234
Dear all
I submitted my ILR application as a whole family this end of March 18.
Due to work requirement to travel I wrote in a letter to request expedite my application on 5 May. In the letter I specifically highlighted the case I wish NOT to withdraw my application and it was simply a request.
Received standard email informing (second time) that our application is still in process on 16/5
But today (18/5) I received back all my passports and biometric card, with a letter simply saying HO returned them as i wish to travel abroad. Nothing else mentioning whether they withdraw my application etc.
So, what does it mean now? Have my application been withdrawn just like that?
My elder son's (18yo) passport is not returned with ours, so i thinks his is still in process.
Looking at the timing of HO email and letter, am I safe to assume our application is still ongoing and pending to approve?
Pls advise. I am really stressed out now.
Fees will not be returned if that is the case and it costs a bomb to us as it is a 5 persons application worth of money !!
Pls help if anyone has similar situation and experience.
Moderators, pls kindly advise what nest best for me to do.
Ed
Re: What does this mean ??
Posted: Fri May 18, 2018 4:54 pm
by marcnath
The immigration rules are very clear that the visa application is treated as withdrawn if you travel out of the country.
On the other hand, if your visa has expired (I assume it has) HO only returns passports at the airport.
So, I think it is more likely that your application was expedited and approved.
However, wait for a couple of days to see if the BRP turns up.
If not, try to contact HO to clarify.
If they made a mistake and withdrew the application (unlikely) I am sure you can get the process reinstated.
Re: What does this mean ??
Posted: Fri May 18, 2018 5:08 pm
by Et1234
Dear Marcnath
Thanks for your comforting words.
Our tier 2 visa has not expired (expired in 2019) just that I have reached my 5 years requirement.
Hopefully it is the case you said in your reply.
I find it odd that they returned our passport and valid Biometric cards, thought they would need them to process our ILR application.
Definitely wish for your reason that it has been expedited and approved !!
Anyone has similar experience, pls share with us your cases.
Re: What does this mean ??
Posted: Fri May 18, 2018 5:39 pm
by marcnath
Et1234 wrote: ↑Fri May 18, 2018 5:08 pm
Dear Marcnath
Thanks for your comforting words.
Our tier 2 visa has not expired (expired in 2019) just that I have reached my 5 years requirement.
Hopefully it is the case you said in your reply.
I find it odd that they returned our passport and valid Biometric cards, thought they would need them to process our ILR application.
Definitely wish for your reason that it has been expedited and approved !!
Anyone has similar experience, pls share with us your cases.
Sorry I missed the return of the current BRP card. Also, given that your visa has not expired, it is more likely then that they considered the application withdrawn. You will have to contact them and clarify.
Re: What does this mean ??
Posted: Fri May 18, 2018 5:51 pm
by apsk
Et1234 wrote: ↑Fri May 18, 2018 11:02 am
Dear all
I submitted my ILR application as a whole family this end of March 18.
Due to work requirement to travel I wrote in a letter to request expedite my application on 5 May. In the letter I specifically highlighted the case I wish NOT to withdraw my application and it was simply a request.
Received standard email informing (second time) that our application is still in process on 16/5
But today (18/5) I received back all my passports and biometric card, with a letter simply saying HO returned them as i wish to travel abroad. Nothing else mentioning whether they withdraw my application etc.
So, what does it mean now? Have my application been withdrawn just like that?
My elder son's (18yo) passport is not returned with ours, so i thinks his is still in process.
Looking at the timing of HO email and letter,
am I safe to assume our application is still ongoing and pending to approve?
Pls advise. I am really stressed out now.
Fees will not be returned if that is the case and it costs a bomb to us as it is a 5 persons application worth of money !!
Pls help if anyone has similar situation and experience.
Moderators, pls kindly advise what nest best for me to do.
Ed
Did you request for this return? Are you travelling and expressed it to UKVI ?
Re: What does this mean ??
Posted: Fri May 18, 2018 6:42 pm
by Et1234
No I did not request to return the passport, but requested to consider expedite the process due to a work travel plan in July. But in my letter I clearly stated I wish NOT to withdraw my application and only request to expedite the consideration and process. It was very clear in my letter.
Here it goes :
The aim of this letter is to request your kind consideration to expedite the ILR processing for myself (Main applicant - Dr. XXX/ Case Ref. Number: xxx). The request mainly due to the need to carry out the role of external examiner to attend the Exam Boards with XX College in Oman, which requires me to travel abroad with my passport. This exam board is scheduled to take place between 14th July 2018 to 17th July 2018.
However, I would like to stress that I DO NOT wish to withdraw my application but to appeal your kind consideration of my request. Enclosed with this letter, I have provided you the letter of Invitation from University of XX, dated 1st May 2018, as a documentary evidence to support my request.
With this letter clearly stated as a request for them to consider but not request to return my documents, so why would they assume I want to withdraw or withdraw it on my behalf.
If this is a mistake, what can I do to reinstate the process?
Kindly advise.
Re: What does this mean ??
Posted: Fri May 18, 2018 6:47 pm
by Et1234
Et1234 wrote: ↑Fri May 18, 2018 11:02 am
Dear all
I submitted my ILR application as a whole family this end of March 18.
Due to work requirement to travel I wrote in a letter to request expedite my application on 5 May. In the letter I specifically highlighted the case I wish NOT to withdraw my application and it was simply a request.
Received standard email informing (second time) that our application is still in process on 16/5
But today (18/5) I received back all my passports and biometric card, with a letter simply saying HO returned them as i wish to travel abroad. Nothing else mentioning whether they withdraw my application etc.
So, what does it mean now? Have my application been withdrawn just like that?
My elder son's (18yo) passport is not returned with ours, so i thinks his is still in process.
Looking at the timing of HO email and letter,
am I safe to assume our application is still ongoing and pending to approve?
Pls advise. I am really stressed out now.
Fees will not be returned if that is the case and it costs a bomb to us as it is a 5 persons application worth of money !!
Pls help if anyone has similar situation and experience.
Moderators, pls kindly advise what nest best for me to do.
Ed
Can any moderator comment and advise me pls??
Re: What does this mean ??
Posted: Fri May 18, 2018 7:42 pm
by marcnath
Et1234 wrote: ↑Fri May 18, 2018 6:42 pm
No I did not request to return the passport, but requested to consider expedite the process due to a work travel plan in July. But in my letter I clearly stated I wish NOT to withdraw my application and only request to expedite the consideration and process. It was very clear in my letter.
Here it goes :
The aim of this letter is to request your kind consideration to expedite the ILR processing for myself (Main applicant - Dr. XXX/ Case Ref. Number: xxx). The request mainly due to the need to carry out the role of external examiner to attend the Exam Boards with XX College in Oman, which requires me to travel abroad with my passport. This exam board is scheduled to take place between 14th July 2018 to 17th July 2018.
However, I would like to stress that I DO NOT wish to withdraw my application but to appeal your kind consideration of my request. Enclosed with this letter, I have provided you the letter of Invitation from University of XX, dated 1st May 2018, as a documentary evidence to support my request.
With this letter clearly stated as a request for them to consider but not request to return my documents, so why would they assume I want to withdraw or withdraw it on my behalf.
If this is a mistake, what can I do to reinstate the process?
Kindly advise.
Call them, email them, write to them. Unfortunately, there is no straightforward established process.
It appears to be a mistake, so it should get reinstated.
Re: What does this mean ??
Posted: Fri May 18, 2018 9:00 pm
by apsk
marcnath wrote: ↑Fri May 18, 2018 7:42 pm
Et1234 wrote: ↑Fri May 18, 2018 6:42 pm
No I did not request to return the passport, but requested to consider expedite the process due to a work travel plan in July. But in my letter I clearly stated I wish NOT to withdraw my application and only request to expedite the consideration and process. It was very clear in my letter.
Here it goes :
The aim of this letter is to request your kind consideration to expedite the ILR processing for myself (Main applicant - Dr. XXX/ Case Ref. Number: xxx). The request mainly due to the need to carry out the role of external examiner to attend the Exam Boards with XX College in Oman, which requires me to travel abroad with my passport. This exam board is scheduled to take place between 14th July 2018 to 17th July 2018.
However, I would like to stress that I DO NOT wish to withdraw my application but to appeal your kind consideration of my request. Enclosed with this letter, I have provided you the letter of Invitation from University of XX, dated 1st May 2018, as a documentary evidence to support my request.
With this letter clearly stated as a request for them to consider but not request to return my documents, so why would they assume I want to withdraw or withdraw it on my behalf.
If this is a mistake, what can I do to reinstate the process?
Kindly advise.
Call them, email them, write to them. Unfortunately, there is no straightforward established process.
It appears to be a mistake, so it should get reinstated.
I agree to this. I think it is a mistake from both ends. You gave such a strong reason in your letter that they were not left with any choice (assuming they were unable to expedite your ILR application) they returned your application to make you able to travel. As we know UK considers educational/University requests on priority.
Re: What does this mean ??
Posted: Sun Jun 17, 2018 1:57 pm
by Et1234
Hi moderators
I m in the dilemma now.
I wrote to HO to clarify the situation but as usual no reply
Now I m not sure I should travel for my duty or stay put.
Any rules and policies that can help clarify the situation?
I do not want to take the risk to travel out and then get the blame that you know so that you get the outcome.
Kindly advise
Thanks
Re: What does this mean ??
Posted: Sun Jun 17, 2018 1:58 pm
by Et1234
Also, up to date I have no letter indicating HO withdrawing my application nor any supporting documents returned to me
Traveling out of uk
Posted: Mon Jun 18, 2018 3:33 pm
by Et1234
Hi all
Is there any sections / clauses that state we cannot travel out of uk during the application of ILR and waiting for decision？
I m given back the passport to travel for work purposes and received email confirming my case is still under process. So I m not sure is there any implications for the decision of my application if I travel out of uk for work purposes?
I wrote in to HO but no reply yet, so I m not sure what to do now.
Pls give me some advice
Re: Traveling out of uk
Posted: Mon Jun 18, 2018 3:37 pm
by CR001
Et1234 wrote: ↑Mon Jun 18, 2018 3:33 pm
Hi all
Is there any sections / clauses that state we cannot travel out of uk during the application of ILR and waiting for decision？
I m given back the passport to travel for work purposes and received email confirming my case is still under process. So I m not sure is there any implications for the decision of my application if I travel out of uk for work purposes?
I wrote in to HO but no reply yet, so I m not sure what to do now.
Pls give me some advice
Point/Para 18 in the Set(O) guidance notes states this very clearly in bold.
https://assets.publishing.service.gov.u ... _11-17.pdf
18. Requesting the return of your documents
If you have sent your documents to us with your application, but you now need them back urgently,
you can request the return of your documents via our website at:
www.gov.uk/visa-documentsreturned
We normally return your documents within 20 working days of receipt of your request but we
recommend that you avoid booking any travel until you have received your documents.
Your application will be treated as withdrawn if you request the return of your passport to
travel abroad before we are able to make a decision about your application.
Re: Traveling out of uk
Posted: Mon Jun 18, 2018 4:31 pm
by marcnath
Et1234 wrote: ↑Mon Jun 18, 2018 3:33 pm
Hi all
Is there any sections / clauses that state we cannot travel out of uk during the application of ILR and waiting for decision？
I m given back the passport to travel for work purposes and received email confirming my case is still under process. So I m not sure is there any implications for the decision of my application if I travel out of uk for work purposes?
I wrote in to HO but no reply yet, so I m not sure what to do now.
Pls give me some advice
I haven't been able to find any specific clauses that state you cannot travel during the application UNLESS you are under Section 3C, which you are not.
As @CR001 pointed out, and as
Section 34J of the immigration rules states:
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.
But you haven't requested for the return of your passport (at least as far as I understand) so this does not apply to you.
And you state HO has not considered your application as withdrawn.
So, I suspect there has been a mix up somewhere.
If you travel, you run the risk of the application being considered as withdrawn and the worst case is you have to reapply later.
Re: Traveling out of uk
Posted: Mon Jun 18, 2018 5:45 pm
by Et1234
- Issue 5
- 5EDC4F4C-2261-4B8F-88C5-CD729D5121CA.jpeg (102.31 KiB) Viewed 941 times
The thing is HO NEVER reply anything after I sent in letter to clarify.
I sent in another letter to follow up today in the morning..
I then happened to receive email from HO confirmed thay my case is still under consideration. That means it is not deemed withdrawn.
The dilemma is now should I travel. If I choose not to, it defeats the purpose to ask for expedited the process.
The whole incident started when I wrote in to expedite the process as seen on photo attached, issue 5.
I m not asking back the passport but to ask for consideration to expedite the process.
Will this info on photo help my ground.
Advice pls.
Re: Traveling out of uk
Posted: Mon Jun 18, 2018 6:14 pm
by marcnath
Et1234 wrote: ↑Mon Jun 18, 2018 5:45 pm
5EDC4F4C-2261-4B8F-88C5-CD729D5121CA.jpeg
The thing is HO NEVER reply anything after I sent in letter to clarify.
I sent in another letter to follow up today in the morning..
I then happened to receive email from HO confirmed thay my case is still under consideration. That means it is not deemed withdrawn.
The dilemma is now should I travel. If I choose not to, it defeats the purpose to ask for expedited the process.
The whole incident started when I wrote in to expedite the process as seen on photo attached, issue 5.
I m not asking back the passport but to ask for consideration to expedite the process.
Will this info on photo help my ground.
Advice pls.
The attached picture is the same as what has been mentioned before so it does not add anything more.
As mentioned earlier, I have been unable to find anything explicit that prevents you from traveling when you still have a valid leave.
The options HO had on receiving your letter was to Do nothing, Expedite the application or Withdraw the application (which would be an error). They seem to have chosen a different option, which is something you can use to your advantage if you need to fight the case.
You can seek professional legal/immigration advice or take the risk and travel.
And if they later say your application is withdrawn, you can ask for the grounds for such withdrawal and fight or reapply.
But I am not sure you can get any further help on this forum.
Re: Traveling out of uk
Posted: Mon Jun 18, 2018 6:29 pm
by Et1234
Thank you for your advice
I have sent in follow up letter to specifically ask for clarification whether I can travel now and they should have duty to respond. Otherwise it is a good ground to fight later on.
I just don’t like to go through the fighting process.
Thanks again