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Travelling during ILR application

Posted: Wed Dec 05, 2018 10:46 am
by Goose55
Hello to all,

Advice welcome here. I have submitted an ILR application via the SET(M) spousal online route. Given that I have used the new Sopra Steria process for submitting my documents and biometrics I still have my travel documents. Does this mean that I can travel during the waiting period? I’m aware of the section 3c rules, but is there a way around that via a standard visa application to get back into the UK?

When I first applied I saw that a fast track option was available for an extra £470. However this has now been taken away. Is there an alternative to that?

Thanks in advance.

Re: Travelling during ILR application

Posted: Wed Dec 05, 2018 10:59 am
by CR001
but is there a way around that via a standard visa application to get back into the UK?
No. If you leave the UK, your ILR application will be considered withdrawn and your Section 3C ends (if your last visa has expired). Applying for a visitor visa will invalidate any application of settlement visa you hold.
When I first applied I saw that a fast track option was available for an extra £470. However this has now been taken away. Is there an alternative to that?
Wait for your application outcome and new BRP card.

What date did you apply online and at Sopeira??

What service did you use?

When does your spouse visa expire?

When do you plan on traveling and for how long?

Re: Travelling during ILR application

Posted: Wed Dec 05, 2018 11:50 am
by ilovethebeatles
I used to raise this question. My lawyer said it is fine you can travel before your biometrics appointment under the new system.

Re: Travelling during ILR application

Posted: Wed Dec 05, 2018 11:54 am
by CR001
ilovethebeatles wrote:
Wed Dec 05, 2018 11:50 am
I used to raise this question. My lawyer said it is fine you can travel before your biometrics appointment under the new system.
Did you read the users post correctly?
Goose55 wrote:
Wed Dec 05, 2018 10:46 am
Hello to all,

Advice welcome here. I have submitted an ILR application via the SET(M) spousal online route. Given that I have used the new Sopra Steria process for submitting my documents and biometrics I still have my travel documents.

Re: Travelling during ILR application

Posted: Wed Dec 05, 2018 11:58 am
by ilovethebeatles
Oh, sorry. I missed the "biometrics". Yes, so just to re-confirm: We can't travel after we have given biometrics. But we can travel between application submitted and biometrics appointment.

Re: Travelling during ILR application

Posted: Wed Dec 05, 2018 1:27 pm
by Goose55
CR001 wrote:
Wed Dec 05, 2018 10:59 am
but is there a way around that via a standard visa application to get back into the UK?

What date did you apply online and at Sopeira??

What service did you use?

When does your spouse visa expire?

When do you plan on traveling and for how long?
I used the standard £2,400 service, applying at the end of October and submitting biometrics on 25th November.

The original visa has now expired, so section 3c is relevant.

Plan on travelling in February for 2 weeks.

Re: Travelling during ILR application

Posted: Wed Dec 05, 2018 1:28 pm
by CR001
Likely you will have a result by then but if you do not, you cant travel out of the UK unfortunately.

Re: Travelling during ILR application

Posted: Wed Dec 05, 2018 1:45 pm
by Goose55
CR001 wrote:
Wed Dec 05, 2018 1:28 pm
Likely you will have a result by then but if you do not, you cant travel out of the UK unfortunately.
Ok, many thanks for your advice.

What makes you think I will have a result by then?

Re: Travelling during ILR application

Posted: Wed Dec 05, 2018 1:47 pm
by CR001
Even the normal old postal route took 6 to 8 weeks in many cases. Very few set m applications take months and months.

Re: Travelling during ILR application

Posted: Wed Dec 05, 2018 2:20 pm
by Goose55
Ok, many thanks for that. That’s good to know.

Re: Travelling during ILR application

Posted: Thu Jan 17, 2019 1:48 pm
by Goose55
It is now mid January and I have had no update on my ILR progress.

One option I am potentially considering is to withdraw the original application and make a new priority one. I have two questions regarding this though:

1. Is it possible to do this without removing my section 3c leave?

3. If 1 is possible, can I get a refund on my original application fee of £2,400?

Re: Travelling during ILR application

Posted: Thu Jan 17, 2019 2:06 pm
by CR001
1. No. Once you withdraw your section 3C leave ends.

2. Possibly, maybe not.

There is NO guarantee that you will get a quicker response if you do what you say.