Help!! ILR application-28 days? and travel while pending?
#1
BE Forum Addict
Thread Starter
Joined: Sep 2009
Posts: 1,197
Help!! ILR application-28 days? and travel while pending?
I am hoping that trusty ever-helpful BritinParis will chime in with the customary expertise, or someone else who knows...
The ILR application guidance is very unclear on the .gov website. It keeps sending you round in circles.
I have read in numerous places, including here from BritinParis, that you aren't eligible for ILR until you are within 28 days of the current FLR visa's expiry date.
I can't find anything about this on the gov website.
Nor anything about travel restrictions or otherwise after filing the application but while current FLR/BRC is still within date.
1. "28 day rule": I can't find this on the gov website!
Nor was it mentioned anywhere in the online application, now completed and paid for.
And even when making the appointment with Sopra Steria/UKVACS, they do not mention any restrictions about when the appointment should be vis-a-vis the expiry date of the current FLR/BRC.
But to be safe, we have made a super priority appointment for within those 28 days (not earlier).
2. Travel: we were planning a short trip (Republic of Ireland for about 5 days) for an event on a specific date.
We would be coming back into the UK: AFTER HAVING SENT OFF AND PAID FOR THE APPLICATION ONLINE (already done)
BUT BEFORE THE APPOINTMENT
AND TWENTY DAYS BEFORE THE CURRENT FLR/ BIOMETRIC RESIDENCE CARD EXPIRES
Is it OK to take this trip?
Coming back in, obviously we will have a valid passport, and a BRC/FLR with twenty days still to go. It will be before the appointment, therefore no new biometrics taken.
BUT: as the application has been sent off and paid for, does that mean the whole status is PENDING and we shouldn't travel at all until issued with the ILR and new BRC??
There was an appointment available some days before the potential trip date, and as we paid super priority we should have the BRC before the potential departure if we took that date.
But that appointment was earlier than the "within 28 days" period, so we avoided it, to be safe...
Any light that anyone can shed on the 28 day rule, and on travel after filing application but while current FLR status is still valid, —especially clues as to where all this is spelt out on the govt website—gratefully received!
The ILR application guidance is very unclear on the .gov website. It keeps sending you round in circles.
I have read in numerous places, including here from BritinParis, that you aren't eligible for ILR until you are within 28 days of the current FLR visa's expiry date.
I can't find anything about this on the gov website.
Nor anything about travel restrictions or otherwise after filing the application but while current FLR/BRC is still within date.
1. "28 day rule": I can't find this on the gov website!
Nor was it mentioned anywhere in the online application, now completed and paid for.
And even when making the appointment with Sopra Steria/UKVACS, they do not mention any restrictions about when the appointment should be vis-a-vis the expiry date of the current FLR/BRC.
But to be safe, we have made a super priority appointment for within those 28 days (not earlier).
2. Travel: we were planning a short trip (Republic of Ireland for about 5 days) for an event on a specific date.
We would be coming back into the UK: AFTER HAVING SENT OFF AND PAID FOR THE APPLICATION ONLINE (already done)
BUT BEFORE THE APPOINTMENT
AND TWENTY DAYS BEFORE THE CURRENT FLR/ BIOMETRIC RESIDENCE CARD EXPIRES
Is it OK to take this trip?
Coming back in, obviously we will have a valid passport, and a BRC/FLR with twenty days still to go. It will be before the appointment, therefore no new biometrics taken.
BUT: as the application has been sent off and paid for, does that mean the whole status is PENDING and we shouldn't travel at all until issued with the ILR and new BRC??
There was an appointment available some days before the potential trip date, and as we paid super priority we should have the BRC before the potential departure if we took that date.
But that appointment was earlier than the "within 28 days" period, so we avoided it, to be safe...
Any light that anyone can shed on the 28 day rule, and on travel after filing application but while current FLR status is still valid, —especially clues as to where all this is spelt out on the govt website—gratefully received!
#2
BE Forum Addict
Thread Starter
Joined: Sep 2009
Posts: 1,197
Re: Help!! ILR application-28 days? and travel while pending?
28 day rule-I guess it’s moot as we have made the application and got an appointment.
But still stressed about the second question I asked in starting the thread—I know it was too wordy, my besetting sin!
Basically: we have made the application (super priority) and have an appointment.
So we have set ILR in motion.
Can we travel out of the country, and my spouse come back in on the current Biometric card/FLR, which still will be valid, before the appointment?
But still stressed about the second question I asked in starting the thread—I know it was too wordy, my besetting sin!
Basically: we have made the application (super priority) and have an appointment.
So we have set ILR in motion.
Can we travel out of the country, and my spouse come back in on the current Biometric card/FLR, which still will be valid, before the appointment?
Last edited by between two worlds; Jul 11th 2019 at 2:14 pm. Reason: typo
#3
Re: Help!! ILR application-28 days? and travel while pending?
Technically I suspect the answer is yes as the application won’t be passed to an ECO for consideration until the biometrics are given but I personally wouldn’t risk it as leaving the UK whilst an application is in progress should automatically lead to it being withdrawn.
#4
BE Forum Addict
Thread Starter
Joined: Sep 2009
Posts: 1,197
Re: Help!! ILR application-28 days? and travel while pending?
Thank you so much, BiP!
I feared this might be your advice; and if ‘ in progress’ is considered as starting when you file the application, I totally understand that it does make sense not to take the risk.
I just wish it were all spelled out on the website somewhere! If it is, I couldn’t find it.
i appreciate the help very much.
I feared this might be your advice; and if ‘ in progress’ is considered as starting when you file the application, I totally understand that it does make sense not to take the risk.
I just wish it were all spelled out on the website somewhere! If it is, I couldn’t find it.
i appreciate the help very much.
#5
BE Forum Addict
Thread Starter
Joined: Sep 2009
Posts: 1,197
Re: Help!! ILR application-28 days? and travel while pending?
Update: the application was sent in, Super Priority appointment arranged at a Sopra Steria office, biometrics taken, documents scanned, positive decision via email the next morning, and BRP card saying "Settled: Indefinite Leave to Remain" arrived a few days later!
Thanks again for your help, BinP.
Good luck to all others.
I'll just add, the card itself has an expiry date of 2024! This was momentarily alarming, but some research reveals that it's just an EU requirement for all cards that haven't got the latest generation of security technology. The IRL status is permanent but the card itself has to be replaced, which will be a small charge (compared to all the costs we've had for IRL!) of about £60.
It would have been helpful if they'd explained that on the accompanying letter.....
Thanks again for your help, BinP.
Good luck to all others.
I'll just add, the card itself has an expiry date of 2024! This was momentarily alarming, but some research reveals that it's just an EU requirement for all cards that haven't got the latest generation of security technology. The IRL status is permanent but the card itself has to be replaced, which will be a small charge (compared to all the costs we've had for IRL!) of about £60.
It would have been helpful if they'd explained that on the accompanying letter.....
#6
Re: Help!! ILR application-28 days? and travel while pending?
Congratulations! Yes, that expiry date is standard for all current gen ILR BRPs.
#7
BE Forum Addict
Thread Starter
Joined: Sep 2009
Posts: 1,197
Re: Help!! ILR application-28 days? and travel while pending?
Thanks! Indeed, and thank you for confirming this about the date. If only I hadn't had to google around to find out why!
The letter should explain this, as the date could cause many people needless worry.
The letter should explain this, as the date could cause many people needless worry.