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Hi All,

I applied for ILR with form Set(M) in November via the Settlement Checking Service, with my Visa expiring Nov 26. I did my biometrics in December but am still waiting. However we made travel plans ages ago for this coming Friday to meet up with members of my family abroad. My father, upset at all this nonsense, has offered to cover the cost of a new application so that I can travel. Questions:

1. Can I submit the same Life in the UK test result? I took it at the end of September.
2. For some reason there were tons of PEO appointments when I checked just now (6:20ish am) so I booked one for the day after we're home (Feb 25). There was a Freedom of Information question about withdrawing to travel wherein the reply from UKBA was that you can withdraw your postal application and resubmit via PEO. My Visa will be expired though, can this cause a problem? When I re-enter at Heathrow, could they not let me in? I'm Canadian so in theory I'm entitled to a 6 month visitor stay as it is.

I appreciate any help or similar experiences!!

A visitor cannot apply for settlement.

If you withdrew, then you may have to start all over again under the new stricter rules.

lolainkent wrote:Hi All,

I applied for ILR with form Set(M) in November via the Settlement Checking Service, with my Visa expiring Nov 26. I did my biometrics in December but am still waiting. However we made travel plans ages ago for this coming Friday to meet up with members of my family abroad. My father, upset at all this nonsense, has offered to cover the cost of a new application so that I can travel. Questions:

1. Can I submit the same Life in the UK test result? I took it at the end of September.
2. For some reason there were tons of PEO appointments when I checked just now (6:20ish am) so I booked one for the day after we're home (Feb 25). There was a Freedom of Information question about withdrawing to travel wherein the reply from UKBA was that you can withdraw your postal application and resubmit via PEO. My Visa will be expired though, can this cause a problem? When I re-enter at Heathrow, could they not let me in? I'm Canadian so in theory I'm entitled to a 6 month visitor stay as it is.

I appreciate any help or similar experiences!!

If you knew you were travelling this month you should not have made a postal application! You should of applied in person and you would have received a same day decision. The settlement checking service should have told you that postal applications can take 6 months but hopefully less. You have done your biometrics so you should have a decision by the end of the month.

D4109125 wrote:
If you knew you were travelling this month you should not have made a postal application! You should of applied in person and you would have received a same day decision. The settlement checking service should have told you that postal applications can take 6 months but hopefully less. You have done your biometrics so you should have a decision by the end of the month.

I would have happily applied in person back in November had an appointment been available anywhere in the country, but thanks for that. They did tell me it could take up to 6 months yet that didn't change the fact that we planned this trip about a year ago before we knew the processing times (for which my husband and I take full responsibility).

lolainkent wrote:

D4109125 wrote:
If you knew you were travelling this month you should not have made a postal application! You should of applied in person and you would have received a same day decision. The settlement checking service should have told you that postal applications can take 6 months but hopefully less. You have done your biometrics so you should have a decision by the end of the month.

I would have happily applied in person back in November had an appointment been available anywhere in the country, but thanks for that. They did tell me it could take up to 6 months yet that didn't change the fact that we planned this trip about a year ago before we knew the processing times (for which my husband and I take full responsibility).

Appointments are readily available it is very easily to get an appointment for 6 weeks time by searching between 7-8.30am weekdays and cancelled appointments are put on the system anytime so you need to keep checking. If you want to withdraw then there is no guarantee how fast or slowly you'll receive your documents back it is very very unlikely you'll get them back in 4 days. You can fax a request but as you said you couldn't get a peo appointment what makes you think you'll get one in a week? Wait for your postal decision and postpone travels would be a good idea.

It may be possible to travel on a temporary passport, without withdrawing. But I'm not sure what the consequences of Section 3C(3), etc., will be.

D4109125 wrote:

lolainkent wrote:

D4109125 wrote:
If you knew you were travelling this month you should not have made a postal application! You should of applied in person and you would have received a same day decision. The settlement checking service should have told you that postal applications can take 6 months but hopefully less. You have done your biometrics so you should have a decision by the end of the month.

I would have happily applied in person back in November had an appointment been available anywhere in the country, but thanks for that. They did tell me it could take up to 6 months yet that didn't change the fact that we planned this trip about a year ago before we knew the processing times (for which my husband and I take full responsibility).

Appointments are readily available it is very easily to get an appointment for 6 weeks time by searching between 7-8.30am weekdays and cancelled appointments are put on the system anytime so you need to keep checking. If you want to withdraw then there is no guarantee how fast or slowly you'll receive your documents back it is very very unlikely you'll get them back in 4 days. You can fax a request but as you said you couldn't get a peo appointment what makes you think you'll get one in a week? Wait for your postal decision and postpone travels would be a good idea.

Every time I checked, which was many times, there were no appointments available in the country. Bad luck, bad timing? I don't know, but that was how it happened. I have all my documents in my possession as I did the Settlement Checking Service so I don't need them to return anything.

I did get an appointment for Feb 25. I got lucky at the wrong time. I now have one booked, which I can obviously cancel if the UKBA tells me that I cannot withdraw and reapply.

lolainkent wrote:

D4109125 wrote:

lolainkent wrote:

D4109125 wrote:
If you knew you were travelling this month you should not have made a postal application! You should of applied in person and you would have received a same day decision. The settlement checking service should have told you that postal applications can take 6 months but hopefully less. You have done your biometrics so you should have a decision by the end of the month.

I would have happily applied in person back in November had an appointment been available anywhere in the country, but thanks for that. They did tell me it could take up to 6 months yet that didn't change the fact that we planned this trip about a year ago before we knew the processing times (for which my husband and I take full responsibility).

Appointments are readily available it is very easily to get an appointment for 6 weeks time by searching between 7-8.30am weekdays and cancelled appointments are put on the system anytime so you need to keep checking. If you want to withdraw then there is no guarantee how fast or slowly you'll receive your documents back it is very very unlikely you'll get them back in 4 days. You can fax a request but as you said you couldn't get a peo appointment what makes you think you'll get one in a week? Wait for your postal decision and postpone travels would be a good idea.

Every time I checked, which was many times, there were no appointments available in the country. Bad luck, bad timing? I don't know, but that was how it happened. I have all my documents in my possession as I did the Settlement Checking Service so I don't need them to return anything.

I did get an appointment for Feb 25. I got lucky at the wrong time. I now have one booked, which I can obviously cancel if the UKBA tells me that I cannot withdraw and reapply.

Search the last few weeks of the forum as someone recently withdrew and applied via peo. Are you willing to lose the fee? Your decision is likely very close I would say anytime in the next 4 weeks.

Here is the link http://www.immigrationboards.com/viewto ... 59&start=0

D4109125 wrote:Here is the link http://www.immigrationboards.com/viewto ... 59&start=0

although as your visa expire more than 28 days ago I surmise a compulsory refusal.

If you attempt to re-enter on an expired visa as a visitor you are likely to be refused as it will be obvious that your intention isn't to simply visit.
There has been a similar situation on the forum today with a non-visa national being delayed abroad for 2 weeks, which left him returning after his student visa had expired. He was refused entry to extend his visa and returned to Canada.

D4109125 wrote:

D4109125 wrote:Here is the link http://www.immigrationboards.com/viewto ... 59&start=0

although as your visa expire more than 28 days ago I surmise a compulsory refusal.

Thanks for the link. Close enough situation, but just from the sounds of her story, I'll be out of luck. Still going to call the UKBA and ask anyway, no harm in trying right?

vinny wrote:It may be possible to travel on a temporary passport, without withdrawing. But I'm not sure what the consequences of Section 3C(3), etc., will be.

Oh no, I wouldn't be willing to do that! I already hate the Canadian Consulate (long story to do with a lost/stolen passport when I was pregnant years ago!) so I wouldn't risk my position in the UK in dealing with them. Thanks for the link though :)

lolainkent wrote:Still going to call the UKBA and ask anyway, no harm in trying right?

It may be better if you can get their answers in writing.

Casa wrote:If you attempt to re-enter on an expired visa as a visitor you are likely to be refused as it will be obvious that your intention isn't to simply visit.
There has been a similar situation on the forum today with a non-visa national being delayed abroad for 2 weeks, which left him returning after his student visa had expired. He was refused entry to extend his visa and returned to Canada.

My thinking is that I would bring proof that I had applied for ILR (my acknowledgment letter, Biometric letter, copy of a withdrawal fax), plus proof of my PEO appointment (confirm e-mail). I'm not willing to lie about my situation and face those types of consequences (like I'd rather miss out of the trip and hope my husband and kids have a great time with MY family haha).

I'm going to call the UKBA tomorrow and see what they say. I'm willing to lose what we paid on the postal application and pay for a premium appointment so the UKBA stands to get a fair bit of money out of one applicant - but who knows if they'd look at it that way.

vinny wrote:

lolainkent wrote:Still going to call the UKBA and ask anyway, no harm in trying right?

It may be better if you can get their answers in writing.

My husband said exactly that. IF I get a "sure, we can let that slide" type answer, to ask for an e-mail or fax.

I'm not holding my breath, I just figure it's worth a shot.