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non-priority ILR Application in progress and my father is palliative and declining

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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bikegirlca
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Joined: Sat Apr 23, 2022 11:06 am
Canada

non-priority ILR Application in progress and my father is palliative and declining

Post by bikegirlca » Sat Apr 23, 2022 11:35 am

Hi,
When I submitted my supporting documents using the app on 27Jan2022 I was not offered any priority service. At that time I remember seeing somewhere an alert indicating that the current processing time was 8 months and that was before the conflict in Ukraine began so as the UKVI program is quite rightly dealing with an influx of claims as a result of the conflict; I am anticipating that it may even take longer for my file to be opened and processed.

I have been in the UK for over 5 years on a Spouse Visa, my husband is a UK Citizen and our son who is 9 was born in Canada but has lived here since 2016 with us as well. This current timeline of possibly hearing from UKVI again by the end of September is looking more and more like it will be too late for myself and my son to have any opportunity to see my dad/ his grandpa before he dies.

My father in Canada has end stage cancer and is palliative; he has been stable with his symptom management and I have been very hopeful that I will hear from UKVI and be able to return to be with him before he passes. However, last week, medically he has really started to fail. I haven't been home since February 2019 due to this stupid pandemic; and now that I am needed at home more than ever... I can't leave the UK or my application will be considered withdrawn; my BRP expired 3.4.2022 so I will not be guaranteed the right to re-enter the UK on return and I will lose my right to work so I will subsequently lose my job with the NHS; and of course I will forfeit the non-refundable ~£2400 application fee.

I desperately need this application processed as quickly as it can be and I am at a loss for what to do. Is it ever possible to have it escalated to a priority service for compassionate grounds? How do I do that?

Apparently if I withdraw the application by leaving the CTA while in progress; I would then need to reapply to have my existing Spouse Visa extended; does that mean I have to wait another 2.5 or 5 years to apply for ILR again?

Am I going to be stuck here in UKVI limbo and miss this critical time where I need to be with my dad and my family? Or do I just have to get on a plane and go anyway watching everything that we have worked for to build a life here in the UK over the last 5 years tumble away and have to start the whole process over again? Apologies for the heightened emotion but I am at a loss with how to proceed. Any advice gratefully received, I am so grateful for this forum.

vinny
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Re: non-priority ILR Application in progress and my father is palliative and declining

Post by vinny » Sat Apr 23, 2022 12:44 pm

Contact The Rt Hon Priti Patel MP and your own Member of Parliament to see if they can help?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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bikegirlca
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Joined: Sat Apr 23, 2022 11:06 am
Canada

Re: non-priority ILR Application in progress and my father is palliative and declining

Post by bikegirlca » Sun Apr 24, 2022 2:43 pm

Hi,
Thank you for this, I emailed my MP late Friday but I haven't heard back yet. Hopefully he can escalate it and if not I will write MP Patel as well, I imagine she gets thousands of these emails. Do you know if there is any contact number to call UKVI directly about this sort of thing? It seems like you can only call the number on the website if you are in the Ukraine right now?

On the 'Contact Us' page there is only a form to request my documents back.. but of course that would likely cancel the whole application and leave me in a situation where I cannot return and have to quit my job here as I won't be entitled to work if I cancel this Application...

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CR001
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Re: non-priority ILR Application in progress and my father is palliative and declining

Post by CR001 » Sun Apr 24, 2022 2:50 pm

There is no number to call UKVI directly.

You only have the option for calling the outsourced call centre who can only give generic advice or escalate your query.
Char (CR001 not Casa)
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bikegirlca
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Posts: 4
Joined: Sat Apr 23, 2022 11:06 am
Canada

Re: non-priority ILR Application in progress and my father is palliative and declining

Post by bikegirlca » Sun Apr 24, 2022 4:07 pm

Sorry, one more question so I can be sure of the consequences of my choice in this dilemma...

Is my understanding of the situation I will face if I leave the CTA with this application correct?

If my ILR application is considered automatically withdrawn on the date I travel to Canada; what are my next steps with regard to my expired Spouse VISA to be able to return to my life in the UK with my husband, son and job here?

Thanks in advance for your assistance with this... I just want to be sure my understanding of the consequences are correct before I make this difficult decision.

bikegirlca
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Posts: 4
Joined: Sat Apr 23, 2022 11:06 am
Canada

Re: non-priority ILR Application in progress and my father is palliative and declining

Post by bikegirlca » Sun Apr 24, 2022 4:20 pm

Sorry, one more question so I can be sure of the consequences of my choice in this dilemma...

Is my understanding of the situation I will face if I leave the CTA with this applicationv in progress correct?

If my ILR application is considered automatically withdrawn on the date I travel to Canada; what are my next steps with regard to my expired Spouse VISA/ BRP to be able to return to my life in the UK with my husband, son and job here?

Thanks in advance for your assistance with this... I just want to be sure my understanding of the situation correct before I make this difficult decision.

AmazonianX
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Re: non-priority ILR Application in progress and my father is palliative and declining

Post by AmazonianX » Sun Apr 24, 2022 11:34 pm

If automatically withdrawn and spouse visa expired, you will restart the process by applying for initial spouse visa.

Pixietrix
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Columbia

Re: non-priority ILR Application in progress and my father is palliative and declining

Post by Pixietrix » Mon Aug 15, 2022 8:24 pm

Hi there!
Just wondering if you did travel and was the application withdrawn or not?

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