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Critical Travel During ILR (In Progress)

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Azuan
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Posts: 3
Joined: Tue Feb 20, 2018 5:56 pm
Malaysia

Critical Travel During ILR (In Progress)

Post by Azuan » Thu Feb 22, 2018 10:55 am

Dear Moderators,

I would like to express my deepest gratitude and thanks to all of you for your sincere guidance, support and help to the people who are suffering in silence due to some illogical and irrational rules.

I am a (dependent) T1 Entrepreneur (200 K Route) applicant and we submitted our ILR application last November (Nov 2017), all Biometrics/Acknowledgement were completed in November 2017 and we started to receive monthly emails from UKVI that our application is under consideration and it will take up to 6 months to process. None of us (family) envisaged/planned any travel during this period as we knew our travel documents will be away, unfortunately, emergencies never give you advance warning. I have to be with a close blood relative overseas who is refusing to go through a critical surgery in my (our) absence. As you may be aware, there is no super premium/premium/ extra ordinary service available for Tier 1 Entrepreneurs and to add insult to the injury, no one is willing to listen to applicants before 6 months. I spoke to my Advisors/Solicitors, they say if I leave, I will have to restart the process from scratch (another 5 years) and will only be able to return once the main applicant receives ILR as our visas expired last month. There is an online link to withdraw the passport but that automatically withdraws the application. Its hard to believe that there is no solution whatsoever. Systems cannot be your Nemesis, systems are created to make life easy.

I have huge respect and admiration for the rule of law, civil and human rights of this great nation. That's why we have decided to call it home. I am sure such a draconian rule has no place in the UK Law and its an aberration to be resolved.

Dear Marcnath, Zimba and CR001, once again thank you for your selfless relentless support to this amazing platform. Kindly suggest a solution that will help many. God bless you all for your kind deeds.

Cheers, Azuan

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CR001
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Re: Critical Travel During ILR (In Progress)

Post by CR001 » Thu Feb 22, 2018 11:17 am

You can request your passport back without withdrawing your application, ie. for identification purposes. BUT, if you leave the UK, your application is withdrawn and your Section 3C protection ends (assuming your visa has already expired) and yes, you will have to start again from scratch.

How close in the family line is the 'blood relative'???
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Azuan
Newly Registered
Posts: 3
Joined: Tue Feb 20, 2018 5:56 pm
Malaysia

Re: Critical Travel During ILR (In Progress)

Post by Azuan » Thu Feb 22, 2018 11:45 am

Aunt (father's sister), She took care of me after the death of my father. Does it make any difference?

Thanks

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: Critical Travel During ILR (In Progress)

Post by CR001 » Thu Feb 22, 2018 12:03 pm

No other family members who can look after her?? It might be different had it been a direct family member, i.e. mother/father.

You risk having to start your 5 year qualifying period again.

If you withdraw and assuming your dependent visa has already expired, you will then be an overstayer and your passport will be held and given to you at the airport on departure.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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