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Hi Guys,

I am in big trouble here.

I need some advice on how to speed up my SET(O) 5 year WorkPermit application.

I applied for ILR on the 24th August 2012 and recieved letter about application recieved on 30th August 2012. My 5 year workpermit expired on the 19th Sept 2012.

Problem is that I need to go to India on the 24th of December for personal reasons and need my passport before that.

Is there anyway I can speed up the appllcation? Can I withdraw my application (and forfiet my application fee) and re-apply as PEO? Problem is that my visa will be axpired (expired in 19th Sept 2012) and I may not be able to re-apply in UK.

Please send me your advice. I really need your help.

Thanks....

NewtownDesi wrote: Problem is that my visa will be axpired (expired in 19th Sept 2012) and I may not be able to re-apply in UK.

There is the short answer.

Even the 28 day grace period (newly introduced) will not be able to help you considering the delay in receiving your paperwork back on withdrawal.

As mentioned above, if you withdraw your application, your leave will be considered as expired on 24th Aug itself making you an over stayer... Then home office has strong case of rejecting ILR based your over staying according to rules in place on 1st Oct... so any further PEO application will be invalid on that basis.....

You are safe atm while processing application... btw, you are saying about visiting on 24th Dec.. that seems to be kind of planned leave than emergency.. I doubt Home Office can buy that argument for your second application in case of your withdrawal...

Layers may be able to give you better idea about any chances in your case...

I understand this is my mistake and I shouldn't have done my application by post in the fist place.

I am not sure what to do.

It is an important visit for me to make on this date.

Is there anyone there who got his ILR SET(O) postal application done in four weeks? Please reply

Thanks to the poeple who have already replied to this post.

A small correction:

p2kin wrote:if you withdraw your application, your leave will be considered as expired on 24th Aug itself

I hope you meant to state the date of expiry of most recent leave (19-Sep), rather than the date of ILR application (24-Aug)!

That said, section 3C leave will end on the date the applicant withdraws a pending application, and therefore the applicant will become an overstayer from that date (and not from the date of expiry of most recent leave).

sushdmehta wrote:I hope you meant to state the date of expiry of most recent leave (19-Sep), rather than the date of ILR application (24-Aug)!

yeah.. sorry, I actually meant 19th Sep when visa expires..

sushdmehta wrote: That said, section 3C leave will end on the date the applicant withdraws a pending application, and therefore the applicant will become an overstayer from that date (and not from the date of expiry of most recent leave).

ok, I thought if you withdraw application, then your visa expiry is your last day before becoming overstayer..

just out of curiosity sushdmehta, if he let's say withdraws application on 15 dec (assuming no result by then..) & goes to his country & from there applies for entry clearance for his new ILR application, how does that process work?

p2kin wrote: if he let's say withdraws application on 15 dec (assuming no result by then..) & goes to his country

On that case what about postal delay to get back the document in hand. If (lets say) it take 5 days on that case will those 5 days consider as overstayer.

Problem is that I need to go to India on the 24th of December for personal reasons and need my passport before that.

Is there anyway I can speed up the appllcation? Can I withdraw my application (and forfiet my application fee) and re-apply as PEO? Problem is that my visa will be axpired (expired in 19th Sept 2012) and I may not be able to re-apply in UK.

Please send me your advice. I really need your help.

Thanks....[/quote]


i will advice in my own opinion that you may give this a try. put up a comprehensive draft of your situation to UKBA giving your case reference, and ask if it's possible to switch to a day application(by you paying a new application fee) without you withdrawing your application. you may also call UKBA for a proper advice.

please note that my advice is not legal, but just opinion for a try. all the best

arifahmmed wrote:

p2kin wrote: if he let's say withdraws application on 15 dec (assuming no result by then..) & goes to his country

On that case what about postal delay to get back the document in hand. If (lets say) it take 5 days on that case will those 5 days consider as overstayer.

yes, 5 days of overstay is ok.. anything upto 28 days of overstay is ok according to laws into effect from 1st Oct 2012...

p2kin wrote: goes to his country & from there applies for entry clearance for his new ILR application,

What is "entry clearance for ILR application"?

sushdmehta wrote:

p2kin wrote: goes to his country & from there applies for entry clearance for his new ILR application,

What is "entry clearance for ILR application"?

What I mean is once his application is withdrawn he doesn't have valid leave to enter back (assuming he leaves country within 28 days of withdrawal date), he still can apply (hopefully), then according to Home Office web site, he should reapply for entry clearance to make his ILR application (if ILR application needs to be from within country), unless ILR application can be made out of country for him...

do I need to elaborate more on my question?