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ILR application and Traveling abroad

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Amail2020
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ILR application and Traveling abroad

Post by Amail2020 » Mon Sep 07, 2020 3:23 pm

Hi Everyone,
I came to this forum when I got tired searching online to get some clarity. I would be grateful if you could please help me understand the following:

I have a valid Tier 2 visa (expiring in 2022). I am eligible to apply for ILR on 10 September 2020. However, I need to travel abroad for some personal reasons and because the priority services are suspended I cant wait for 6 months to apply via standard route.
My question is: Is is possible for me to submit my ILR application via standard route and travel on my Tier 2 visa? IF I get the decision while I am away, what will be the status and will I have any troubles reentering the UK?

Regards

Amail2020
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ILR continuous residency

Post by Amail2020 » Mon Sep 07, 2020 3:26 pm

Dear All,

I am eligible to pply for ILR on 10 Septmber 2020 (after 3 days) based on 10 year route. However, I need to travel abroad for some time and I currently have a valid Tier 2 visa.
My question is will the 180 days rule still apply though I have already completed my 10 years and I am going to be traveling outside the 10 year band?

Regards

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CULLINAN
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Re: ILR application and Traveling abroad

Post by CULLINAN » Mon Sep 07, 2020 3:27 pm

You can not travel after you apply. If you do, your application will be considered withdrawn. You will loose the fees paid also.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Amail2020
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Re: ILR application and Traveling abroad

Post by Amail2020 » Mon Sep 07, 2020 7:00 pm

CULLINAN wrote:
Mon Sep 07, 2020 3:27 pm
You can not travel after you apply. If you do, your application will be considered withdrawn. You will loose the fees paid also.
Hi Cullinan,
Thank you for replying.
I will be travelling on my Tier 2 visa- will it stills an issue?
Regards
Kalsoom

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CR001
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Re: ILR application and Traveling abroad

Post by CR001 » Mon Sep 07, 2020 7:03 pm

You can't travel while you have an application pending, your application will be considered withdrawn and you will lose your fee.

Either travel first and then apply for ilr when you return or wait for your new brp and then travel
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AmazonianX
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Re: ILR continuous residency

Post by AmazonianX » Tue Sep 08, 2020 2:59 am

Amail2020 wrote:
Mon Sep 07, 2020 3:26 pm
Dear All,

I am eligible to pply for ILR on 10 Septmber 2020 (after 3 days) based on 10 year route. However, I need to travel abroad for some time and I currently have a valid Tier 2 visa.
My question is will the 180 days rule still apply though I have already completed my 10 years and I am going to be traveling outside the 10 year band?

Regards
If the travel is urgent as such describe, you still have valid visa for a while, so can go for your trip and on return go for the ILR application.

Amail2020
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ILR 10 year Route- Dependents

Post by Amail2020 » Sun Oct 25, 2020 2:21 pm

Hi All,
I was wondering if you could help me.
I have Tier 2 visa expiring in 2022. I have two dependents (My husband and daughter). Husband and I both completed 10 years in September 2020 (we entered the UK in 2010). We are eligible to apply for ILR. Our daughter was brought up by my parents and she joined us in 2016.
My husband needs to travel so he is not applying for ILR now.
My question is:
If I apply for ILR and get it- will my husband still remain on my Tier 2 dependent visa as it is still valid for another year.

If not- which visa category we should apply for our daughter if we (both me and husband) decide to apply for ILR at the same time? Will she also get ILR or dependent visa?

Our second daughter was born on 20 August 2020. If we do not apply for ILR and travel- can I apply for her visa from abroad?

Many thanks in advance.

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CULLINAN
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Re: ILR application and Traveling abroad

Post by CULLINAN » Sun Oct 25, 2020 2:24 pm

If you are going to apply ILR on LR basis, your PBS dependents will not be able to apply ILR on the PBS route. You will have to switch their visas to FLR(M) and their ILR clock will reset to zero. But yes your husband can apply via LR.

The thing to note is that your husband is on a PBS dependent visa and if you apply ILR via LR, he is expected to change his visa to FLR(M). If he does not apply for ILR (LR) for his own self, his visa could be curtailed or denied entry to UK.

Where are your children born?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Amail2020
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Re: ILR application and Traveling abroad

Post by Amail2020 » Sun Oct 25, 2020 5:45 pm

Hi,
Thank you for your reply.
My first child is born abroad (2010) and she has been in the uk since 2016.
My other child is born in the uk (in 2020).
Regards

Amail2020
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Re: ILR application and Traveling abroad

Post by Amail2020 » Sun Oct 25, 2020 7:21 pm

Also any response on this?
Our second daughter was born on 20 August 2020. If we do not apply for ILR and travel- can I apply for her visa from abroad?
Regards

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CULLINAN
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Re: ILR application and Traveling abroad

Post by CULLINAN » Sun Oct 25, 2020 8:29 pm

Amail2020 wrote:
Sun Oct 25, 2020 7:21 pm
Also any response on this?
Our second daughter was born on 20 August 2020. If we do not apply for ILR and travel- can I apply for her visa from abroad?
Regards
Why you do not want to register the UK born child as BC after any parent(s) gets ILR? Are you willing to pay separate fee for Tier 2 dep visa?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Amail2020
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Re: ILR application and Traveling abroad

Post by Amail2020 » Sun Oct 25, 2020 9:35 pm

Hi
This is because we need to travel abroad and because the priority service is suspended we can’t wait for 6 month (May take longer due to COVID) to get the decision.
Regards

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CULLINAN
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Re: ILR application and Traveling abroad

Post by CULLINAN » Sun Oct 25, 2020 9:52 pm

Amail2020 wrote:
Sun Oct 25, 2020 9:35 pm
Hi
This is because we need to travel abroad and because the priority service is suspended we can’t wait for 6 month (May take longer due to COVID) to get the decision.
Regards
Child born in August will need Tier 2 dep visa to return to UK. Also will require a Pakistani passport to travel back to Pakistan or any other place with relevant visa’s required. Note, due to corona there are delays and you may find yourself caught up abroad.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Amail2020
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Re: ILR application and Traveling abroad

Post by Amail2020 » Sat Nov 21, 2020 9:24 pm

Hi
Thank you for your kind reply. I have decided to stay and apply for ILR.
My husband and I are both eligible to apply for ILR via 10 years route but our daughter was born abroad and has only been in the UK since 2016.
I was wondering what is the best route for her? Which visa I should apply for her?
Regards

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CR001
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Re: ILR application and Traveling abroad

Post by CR001 » Sun Nov 22, 2020 8:16 am

Set F once both parents have ilr.
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Amail2020
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Re: ILR application and Traveling abroad

Post by Amail2020 » Sun Nov 22, 2020 8:29 am

Hi
Thank you for your reply. Can three of us not apply at the same time/together?
Regards

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CR001
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Re: ILR application and Traveling abroad

Post by CR001 » Sun Nov 22, 2020 8:38 am

You can, add a covering letter about the child set F application. If ilr fails for parents, set F will fail for child.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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