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Leaving the UK with an expired visa
Posted: Fri Jul 21, 2017 4:21 pm
by Gerukr
Hello all
I wonder if anyone has experienced something like this.
My wife (non EEA) applied for ILR on December 2016
Now due to family health issues, she needs to travel urgently to her country, but after more than 7 months, we still don't know the status of her application. We never got any email confirming her case is overcomplicated (it isn't), all is just silence in the Home Office.
She applied at the end of her Spouse Visa, meaning that if we are forced to retrieve the documents without the completion of the ILR, technically she would become an illegal resident.
Would that be an issue if she intends to leave the country? And what would she be able to re-apply whilst abroad?
We have requested ad nauseum consideration for the premium upgrade, but told on each ocassion that we're not eligible (and the last email even ask us to please stop applying)
Certainly the UKVI doesn't have much empathy with the applicants. Probably they have no choice with the number of applications being dealt at the moment (i still think that the expensive fee would require a better service from them)
Thanks in advance for sharing your info
Re: Leaving the UK with an expired visa
Posted: Sat Jul 22, 2017 5:28 pm
by physicskate
Gerukr wrote:Hello all
I wonder if anyone has experienced something like this.
My wife (non EEA) applied for ILR on December 2016
Now due to family health issues, she needs to travel urgently to her country, but after more than 7 months, we still don't know the status of her application. We never got any email confirming her case is overcomplicated (it isn't), all is just silence in the Home Office.
She applied at the end of her Spouse Visa, meaning that if we are forced to retrieve the documents without the completion of the ILR, technically she would become an illegal resident.
Would that be an issue if she intends to leave the country? And what would she be able to re-apply whilst abroad?
We have requested ad nauseum consideration for the premium upgrade, but told on each ocassion that we're not eligible (and the last email even ask us to please stop applying)
Certainly the UKVI doesn't have much empathy with the applicants. Probably they have no choice with the number of applications being dealt at the moment (i still think that the expensive fee would require a better service from them)
Thanks in advance for sharing your info
No she cannot apply for ILR from abroad. How would she travel? The HO should have her passport?
Have you gotten your MP involved to check on the status? After 6 months you are eligible for this and they should help you.
Also slightly confused. Did she apply with SET(M)? Was she on he 5 year spouse visa track? What is her (and your) visa history? Anyone on the five year spouse visa track wouldn't be eligible until now....?? confused.
Re: Leaving the UK with an expired visa
Posted: Sat Jul 22, 2017 7:28 pm
by zimba
No, she cannot travel unless withdrawing her application. Even in that case, she will not get her passport either as an overstayer and will have to request it to be given to her at the airport. She cannot apply for ILR from outside either.
If she leave the UK, she has to apply for visa again to come back and possibly start her ILR clock again, if she applies for a visa more than 14 days of withdrawing her application.
Re: Leaving the UK with an expired visa
Posted: Sun Jul 23, 2017 4:38 pm
by Gerukr
Hello
Thanks for your replies.
That is true, the HO has her passport.
Yes, we already wrote our MP like a month ago, no reply.
We never expected too much from our MP anyway, as one as most hardcore brexiters. I don't think he is interested in cases like ours.
Indeed we are so desperate that we're thinking about witdrawing the application, but seems the consequences for doing that would be worse than expected.
I wonder if it is possible to sue (or at least complain formally) the UKVI for not adhering to their own standards and causing people so many inconveniences, for sure we're not the only ones in this predicament. Not that we want any money for that, we want to give a nudge so they finally finalize this nightmare.
Thanks
Re: Leaving the UK with an expired visa
Posted: Sun Jul 23, 2017 6:55 pm
by zimba
To be honest you cannot do much. The usual time frame for ILR is 6 months and can be longer. Why didn't you apply via PSC ??
Re: Leaving the UK with an expired visa
Posted: Sun Jul 23, 2017 8:57 pm
by poper
Can the OP upgrade the application to Premium Service now?
Re: Leaving the UK with an expired visa
Posted: Sun Jul 23, 2017 9:07 pm
by Casa
Gerukr wrote:
We have requested ad nauseum consideration for the premium upgrade, but told on each ocassion that we're not eligible (and the last email even ask us to please stop applying)
ILR delay - going to an office
Posted: Wed Aug 02, 2017 8:24 am
by Gerukr
Hello all
Has anyone ever tried to pop-in into one of the UKVI offices to see why the ILR is taking so long?
At this moment we are now entering our 8th month of waiting time for SET(M), we saw is some foreign forums that applicants decided just to go to Croydon (or another office) to try their luck and see if they can talk to someone.
My idea has always been that if we try that we wouldn't be able to even pass the entrance door, but maybe I'm wrong?
Has anyone tried that in the past?
Probably a silly topic but not sure what else to do, we have many issues and this unexplained delay (we never got any letter after the 6 months passed) is ruining our very lives.
Thanks for all your comments
Re: ILR delay - going to an office
Posted: Wed Aug 02, 2017 9:48 am
by CR001
Gerukr wrote:Hello all
Has anyone ever tried to pop-in into one of the UKVI offices to see why the ILR is taking so long?
At this moment we are now entering our 8th month of waiting time for SET(M), we saw is some foreign forums that applicants decided just to go to Croydon (or another office) to try their luck and see if they can talk to someone.
My idea has always been that if we try that we wouldn't be able to even pass the entrance door, but maybe I'm wrong?
Has anyone tried that in the past?
Probably a silly topic but not sure what else to do, we have many issues and this unexplained delay (we never got any letter after the 6 months passed) is ruining our very lives.
Thanks for all your comments
Assuming you know at which of the many offices all over the country your application is, the answer is no, you would not even get into the front door.
Have you involved your MP to help you?
Re: ILR delay - going to an office
Posted: Wed Aug 02, 2017 10:04 am
by Gerukr
Yes, we wrote our MP but no answer.
Seems indeed we're helpless then.I guess the HO sees us just as numbers, not real people with real problems.
Thanks
Re: ILR delay - going to an office
Posted: Wed Aug 02, 2017 10:09 am
by CR001
It is the summer recess for parliament so likely the reason the MP not responding.
In person Premium appointments are really worth it when planning applications to avoid situations like this. But unfortunately, nothing you can do but wait.
Re: ILR delay - going to an office
Posted: Wed Aug 02, 2017 11:22 am
by stranger786
Hi, I m in same boat as u r. I applied for Ilr set lr I been told
By HO that my file is on hold by No because of 22nd Feb 2017
Supreme court income threshold.
Finally HO released the statement that HO will start making
Decision on pending files 5000 cases across uk after 10th
August
I think u got caught it in unfortunately like me.
I tried to expidate my file but couldn't get success
Hope something will Come up in August.
All the best to everyone
Re: ILR delay - going to an office
Posted: Wed Aug 02, 2017 11:36 am
by MALIK336
stranger786 wrote:Hi, I m in same boat as u r. I applied for Ilr set lr I been told
By HO that my file is on hold by No because of 22nd Feb 2017
Supreme court income threshold.
Finally HO released the statement that HO will start making
Decision on pending files 5000 cases across uk after 10th
August
I think u got caught it in unfortunately like me.
I tried to expidate my file but couldn't get success
Hope something will Come up in August.
All the best to everyone
HOW can u contact ho b4 6 months
Re: ILR delay - going to an office
Posted: Wed Aug 02, 2017 1:09 pm
by Gerukr
Hi, I m in same boat as u r. I applied for Ilr set lr I been told
By HO that my file is on hold by No because of 22nd Feb 2017
Supreme court income threshold.
Finally HO released the statement that HO will start making
Decision on pending files 5000 cases across uk after 10th
August
I think u got caught it in unfortunately like me.
I tried to expidate my file but couldn't get success
Hope something will Come up in August.
All the best to everyone
Do you have a link for that statement?
is that only for applications with income threshold issues, or overall?
Re: ILR delay - going to an office
Posted: Wed Aug 02, 2017 1:22 pm
by CR001
Gerukr wrote:Do you have a link for that statement?
is that only for applications with income threshold issues, or overall?
The user who posted the topic in the link below did not post a link, but it refers to Spouse visa applications from outside the UK and not ILR applications.
immigration-for-family-members/changes- ... 36422.html