withdrawal of documents. advice please

[shravya.bhanuri]

Hi, im on a tier 1 general dependant visa. We( me and my husband) have applied for extension on 12th of june 2013 but it is still processing and i have an emergency and need to travel to my home country, so decided to apply for withdrawal of documents. My questions are: 1) does withdrawal of my application have any effect on my husband's application? 2) it's been more than 4 months that my visa has expired so will this be considered as overstay? 3)will there be any problem later when i apply for the visa again in my home country?
Thanks in advance.

[Sep08T1Applicant]

Hi shravya,

1) It will not at all affect your husband's application
2) You will not considered as an over stayer if you travelled back within 28 days from the date of withdrawal and also keeping in mind the date of receipt of the documents (not sure though but within 28 days). The time your application with home office will not make you an over stayer.

3) Please do keep in mind once you went back and as your current leave expires then you have to re-apply for your "Entry Clearance" which involves:

(a) Fees already submitted (wasted)
(b) New fees with TB test again
(c) once you re-applied your ILR counter as a dependant of Tier 1 will fall under 319Edii of 319E(d) and you will be required to complete 5 years of continuous leave (As you will be having entry clearance after 09/07/2012).

Suggestion:
Has your husband already sent "Urgent treatment" request - it sometimes help, please do try that before withdrawing as you will face un-necessary issues after withdrawing and topping up with new entry clearance.

Do wait for more seniors to comment, I hope this helps.

Kind regards

[shravya.bhanuri]

Thank you so much! It was very helpful

[shravya.bhanuri]

We tried faxing them requesting to expedite the process but it din't work. Could you please let me know how many days would it take for the return of documents in case of an emergency and do we have to provide the home office with a proof of emergency to get back the documents?

[layman]

How did you come to know that fax request for expediting did not work? Did UKBA get back to you? Last year visa application of my dependants(spouse + kids) was stuck for more than 4 months and I had sent a fax to expedite. Got the visa approval in a week's time after sending the fax.

[shravya.bhanuri]

We did receive a mail after one week of faxing them saying they cannot expedite the process as according to the new rules there are extended checks going on.

[shravya.bhanuri]

Could you please tell me what have you exactly faxed them , i mean the reason beyond your request for speeding up the process.

[layman]

My dependents were taken off the GP roll(since the old visa had expired) so it was not possible to get medical advice for my son after his hospitalization for a while. I sent the hospital discharge letter and contact details of medical services organization who handle the GP registration process and wanted to see the renewed visa. After 4-5 days I had also contacted my MPs office who were quite quick in contacting UKBA. Fortunately the visa was approved by then and the MPs office got back to me that UKBA have posted the approval letters and BRP

[raholptl]

Have you got your docs back? If yes how long it took?

Hi, im on a tier 1 general dependant visa. We( me and my husband) have applied for extension on 12th of june 2013 but it is still processing and i have an emergency and need to travel to my home country, so decided to apply for withdrawal of documents. My questions are: 1) does withdrawal of my application have any effect on my husband's application? 2) it's been more than 4 months that my visa has expired so will this be considered as overstay? 3)will there be any problem later when i apply for the visa again in my home country?
Thanks in advance.

[shravya.bhanuri]

Hi, i haven't applied for withdrawal because the embassy has said that there maybe a possibility of my partner's application being withdrawn automatically if i withdraw mine(dependent), as it depends on the caseworker who is dealing the case. But regarding the time frame for withdrawal they said it would take 20 working days or a little faster if you provide them with an evidence of emergency(if they consider it as one!)