Immigrationboards.com

Hi,

My Canadian wife applied for spousal Indefinite leave to remain at the start of April via the UKVI app. She is still in possession of her passport. My wife needs to travel home to Canada for only a week but as her resident permit has expired will she having trouble returning to England? Is she allowed to travel during the application process. It's been 8 weeks already but I understand it can take up to 6 months.

Thank you in advance

My wife needs to travel home to Canada for only a week but as her resident permit has expired will she having trouble returning to England?

Yes.

Is she allowed to travel during the application process.

No, if she leaves the UK, her ILR application will be considered withdrawn and you lose the fee paid.

If leaving the CTA, then 34K treats the application as withdrawn, unless it’s an EUSS application.

Travel outside the Common Travel Area

An application made under Appendix EU will not be treated as automatically withdrawn if the applicant travels outside the Common Travel Area before the application has been decided.

Moreover, if leave had expired, then leave extended under Section 3C will lapse

(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

Contrast.

Thank you so much for the quick response. From your experience on this board are you able to say how long applications are taking at the moment. It's been 8 weeks so I am hoping that it will arrive any day.

Applying for settlement

You should usually get a decision on your visa within 6 months once you apply online.

See also ILR TIMELINES- SET(O) SET(F) SET(M) (not Set(LR) PLS).