Can I travel between application submission and biometrics appointment?

[cosseeker1]

Hello everyone, apologies if this was covered already I just couldn't find a post with the same question/scenario.

I've been living in the UK under Tier 2 then Skilled Worker for almost 5 years now and I will be applying to ILR in a few months. What I'm not entirely sure about (as the Home Office guidance is not very clear on this) is when does the 28 days mark start:

A. Is it from when the first BRP was issued? (in this case it's September 24th, 2018, therefore I can apply in August)

B. Is it from the "valid from" date on the entry clearance vignette? (in this case October 8th, 2018), therefore I can apply in September. October 8th is also when I entered in the UK.

I saw conflicting advice online on the 28th starting on when you landed in the UK and in other places starting on the BRP was issued and the difference between this date and when you land is counted as absence within the lawful 180 days allowance.

I hope this makes sense and thanks in advance for your help!

[zimba]

The 28 days has nothing to do with it. You can apply for ILR within 28 days of completing your 5 years. The 5 years starts from very first visa approval, so the earliest date on any document issued to you

[cosseeker1]

Hello all,

I will be applying for my ILR on August 28th (which marks 5 year minus 28 days after the issue date of my first BRP September 24th 2018). However, I have a business trip in the first week of September and I was just wondering whether I can apply on the 28th + book the appointment, travel and then come back to attend the appointment.

I know that the easier option is to apply after the trip, but I'm conscious that there can be a long wait between when you apply and when you get a biometrics appointment. And speaking of appointments, I saw in the forum mentions of premium/paid appointments, does anyone have an idea about how much these cost? assuming this is different from the priority service, which is something that has to do with how quick the application is processed.

Thanks all in advance for your help

[zimba]

No. The appointment date is irrelevant as the date of the application is the date you submit it online. Travel after your application date could render it automatically withdrawn

Online applications, UKVCAS appointments & BRP queries - Read before you post

[cosseeker1]

Hi Zimba, just getting back to you on your reply regarding travel. From my understanding, travel makes the application withdrawn after the appointment and not the application submission (it's also mentioned here in minute 2:00 social media link removed by moderator - please do not post links from third party solicitors or immigration advisors). It'd be useful if there's any documentation or official guidance on the above.

Thanks

[zimba]

As no physical documents are now taken from you by the UKVI (to then be returned to you), then we can assume that the date of the application becomes relevant under paragraph 34K of the rules. Travel after submitting an application is therefore not advised

34K. Where proof of identity provided under paragraph 34(5), or any other application for leave to remain, has been returned to the applicant pending a decision on their application for permission to stay and the applicant travels outside the common travel area their application shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.

[cosseeker1]

Thanks Zimba, that's very clear.