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Hi,

I require advice for my cousin please, he, his wife and his 3 children applied for ILR in February and he had to leave the UK a week after applying for ILR ( he is a representative of a overseas business owner visa ) and then received an email from the home office that his application has been withdrawn due to him leaving the UK which he did not know.. is the anything he can do ? Appeal? He is now stuck outside the UK with his wife and children afraid of getting deported.

Thank you in advance.

Lsama49 wrote: ↑

Sun Apr 07, 2024 1:43 pm

Hi,

I require advice for my cousin please, he, his wife and his 3 children applied for ILR in February and he had to leave the UK a week after applying for ILR ( he is a representative of a overseas business owner visa ) and then received an email from the home office that his application has been withdrawn due to him leaving the UK which he did not know.. is the anything he can do ? Appeal? He is now stuck outside the UK with his wife and children afraid of getting deported.

Thank you in advance.

Regrettably, the Home Office decision to withdraw the application is correct. The automatic withdrawal occurs when an applicant leaves the UK while the application is waiting for a decision.

Does your cousin and his family members continue to have valid leave under their previous visa category ?

Thank you for your reply .

Unfortunately all extended visas were valid until feb 24 and that’s when they submitted their ILR.

Do they have any grounds to appeal? Or to reapply?

There is no appeal process for withdrawn applications as it is not an immigration decision. The application was abandoned by the exit of the applicant and therefore the applicant is unable to meet the requirements as they were no longer present in the UK.
The issue is that the main applicant is outside the UK. So the biggest problem will be returning to the UK in order to make an ILR application at some future point. Making a new application for ILR is therefore not an option that is available at this time.
He will have to make an application to return to the UK under whatever route that maintains his access to ILR. As a sole representative of an overseas business I am not entirely sure but I believe the application will be treated as a new application and not an extension so that will require all the documents to support the application as if it is was an initial application.
Unfortunately his family members will have to leave the UK in the meantime, as they are now in the UK without leave.
Once the family is in the home country then they can apply to return too.

A highly costly error that will take time effort and money to resolve.

Lsama49 wrote: ↑

Sun Apr 07, 2024 2:22 pm

Thank you for your reply .

Unfortunately all extended visas were valid until feb 24 and that’s when they submitted their ILR.

Do they have any grounds to appeal? Or to reapply?

Such unfortunate situation, appealing will be waste of resources and time as the decision is correct. That travel cost him and family significantly.
It will be a new application for entry into UK.

Thank you for replying and really appreciate your advice and yes it really is unfortunate

Caught by 34K.

I covered this a long time ago here: Online applications, UKVCAS appointments & BRP queries - Read before you post

Lsama49 wrote: ↑

Sun Apr 07, 2024 1:43 pm

Hi,

I require advice for my cousin please, he, his wife and his 3 children applied for ILR in February and he had to leave the UK a week after applying for ILR ( he is a representative of a overseas business owner visa ) and then received an email from the home office that his application has been withdrawn due to him leaving the UK which he did not know.. is the anything he can do ? Appeal? He is now stuck outside the UK with his wife and children afraid of getting deported.

Thank you in advance.

When was the application for ILR submitted and when did he get email stating the withdrawal of IRL application ..was it before Feb 24 ( end date of current visa )