Application Withdrawn Scenario

[jan39]

ILR application submitted.
Waited 3 months, no response.
Decided to withdraw application and leave country due to circumstances.
HO Guidance:
'If you have sent your documents to us with your application, but you now need them back urgently, you can request the return of your documents via email. We normally return your documents within
20 working days but we don’t recommend that you book any travel until you have received your documents'.

Question: What will be the status between withdrawing application, getting docs back and final travelling?
Over stay? Illegal?
Thanks

[noajthan]

Current status?

[jan39]

Current status?

Tier 1 expired after submitting application. Does it matter?

[vinny]

It means that you are covered under Section 3C until you withdraw.

[jan39]

It means that you are covered under Section 3C until you withdraw.

Just read the similar case through the link, but the answers are not clear and no one had the exact answer.
I think it should not be considered as over stayer or illegal as the application was in process and until it's in process, the status remains legal. I hope someone can give the right answer in terms of rules.

[secret.simon]

You can try Google, given that vinny mentioned that you are covered under Section 3C Leave until the time your application is withdrawn.

Page 9 of the Section 3C Leave guidance notes states;

Where an application is withdrawn section 3C leave will come to an end.

Here is Section 3C of the Immigration Act 1971.

I think it should not be considered as over stayer or illegal as the application was in process and until it's in process, the status remains legal.

Your understanding is correct. So long as the application was submitted before your Tier 1 expired (and yes, it does matter. If you submitted the application even a day after your leave expired, Section 3C does not apply), you are covered under Section 3C leave till such a time as either the application is decided or withdrawn and is extended if you appeal within the appeal window granted. Your Section 3C leave expires when you withdraw the application and your status is technically that of an overstayer from the day after which you withdraw your leave.

Provided you leave within 28 days of your leave ending (in your case, of you withdrawing the application), that overstay (during which you are technically illegal) is ignored for the purposes of most future immigration applications (but can impact other applications, such as any future naturalisation applications).

Here is caseworker guidance for applicants who have overstayed on how overstay is calculated.

[noajthan]

Current status?

Tier 1 expired after submitting application. Does it matter?

Definitely! The devil, as always, is in the detail.

[vinny]

I believe that you will become an overstayer, starting after your application is withdrawn. However, departing within 90 days should be okay for future visa applications.

The HO should give some time like 28 days to leave the country in the withdrawal letter (as they do in refusal letters in some cases) and that period should not be considered as over stay/illegal.
It is not possible to fly same day of issuing the withdrawal from HO. And until the case is in process the status remains legal, then why withdrawal leads it to over stay?
There should be certain rules by HO for such a situation. Obviously the applicant gets bound to remain in the country once application is submitted and an emergency withdrawal should not consider an applicant over stayer for the period.

As secret.simon mentioned, I don't think that you can prevent from being an overstayer after withdrawal.

If you want to preserve continuous residence in most categories, then you should apply for entry clearance within 28 days following withdrawal.

[jan39]

I believe that you will become an overstayer, starting after your application is withdrawn. However, departing within 90 days should be okay for future visa applications.

The HO should give some time like 28 days to leave the country in the withdrawal letter (as they do in refusal letters in some cases) and that period should not be considered as over stay/illegal.
It is not possible to fly same day of issuing the withdrawal from HO. And until the case is in process the status remains legal, then why withdrawal leads it to over stay?
There should be certain rules by HO for such a situation. Obviously the applicant gets bound to remain in the country once application is submitted and an emergency withdrawal should not consider an applicant over stayer for the period.

Reason for withdrawal is to leave the country, then how can I apply again within 28 days? I will need my passport to travel once get the docs returned from HO.

As secret.simon mentioned, I don't think that you can prevent from being an overstayer after withdrawal.

If you want to preserve continuous residence in most categories, then you should apply for entry clearance within 28 days following withdrawal.

[jan39]

I have been told a new thing in this scenario, that once you withdraw, HO won't return the passport and they will ask to collect from the airport when travelling, obviously will have to inform them about the date when leaving the country.
Any info or similar situation with someone or shall I ask this new info in a new post?

[noajthan]

No need for another post as it all relates to your current circumstances,

[Abc499]

I have been told a new thing in this scenario, that once you withdraw, HO won't return the passport and they will ask to collect from the airport when travelling, obviously will have to inform them about the date when leaving the country.
Any info or similar situation with someone or shall I ask this new info in a new post?

Someone known to me withdraw (application was pending 2 and half years) and on his case they keep the passport and ask him to prove the details of ticket booking. he provide and collect the passport from airport just before fly!

[jan39]

I have been told a new thing in this scenario, that once you withdraw, HO won't return the passport and they will ask to collect from the airport when travelling, obviously will have to inform them about the date when leaving the country.
Any info or similar situation with someone or shall I ask this new info in a new post?

Someone known to me withdraw (application was pending 2 and half years) and on his case they keep the passport and ask him to prove the details of ticket booking. he provide and collect the passport from airport just before fly!

Any information that he was considered as over stayer/illegal for the period between his withdrawal and fly?

[Abc499]

Any information that he was considered as over stayer/illegal for the period between his withdrawal and fly?

He leave UK in around 2 weeks after withdraw, then apply from out of UK as dependent in different category ( after 2 month leaving uk ) and got visa, yet to fly back in UK.

Illegal probably different term than overstay and immediate after withdraw its unlikely that situation like illigal.
I do not know he considered as overstayed or not. But in simple what I understand that if you do not have valid leave then it's overstay and as soon as you withdraw application then 3C end, so probably no way to avoid this if application withdrawn.


I think because of this uncommon issues / scenario they keep grace period in overstay, like 28 days overstay will be disregard, within this need to leave , within that need to apply etc...

[jan39]

Any information that he was considered as over stayer/illegal for the period between his withdrawal and fly?

He leave UK in around 2 weeks after withdraw, then apply from out of UK as dependent in different category ( after 2 month leaving uk ) and got visa, yet to fly back in UK.

Illegal probably different term than overstay and immediate after withdraw its unlikely that situation like illigal.
I do not know he considered as overstayed or not. But in simple what I understand that if you do not have valid leave then it's overstay and as soon as you withdraw application then 3C end, so probably no way to avoid this if application withdrawn.


I think because of this uncommon issues / scenario they keep grace period in overstay, like 28 days overstay will be disregard, within this need to leave , within that need to apply etc...

Thanks for the useful information, other responses to this post have also been useful but yours comes with the right and real example.