ILR Rejected

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Old 3rd October 2019, 05:51 PM
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A friend of mine has just had a rejection letter for an ILR application.

They made their ILR application in June and submitted all the relevant paperwork and received it back. Stupidly they then went on a weekend trip to France unaware that they’re not supposed to leave the country while their application is being processed. On arrival back in the UK their BRP card was taken off them at UK Immigration, they were allowed back in under a tourist visa.

I think they are going to appeal but I doubt if it will be successful. If they want to carry on living in the UK must they return to their home country and start the process for a spouse visa all over again? Does the 5 years they have already lived in the UK count for anything?

The rejection was because he is now in the UK as a visitor.

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Old 3rd October 2019, 06:08 PM
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Clause 3(C)3 states that "leave extended by virtue of this section (i.e. Continuation of leave pending variation decision) shall lapse if the applicant leaves the United Kingdom".


So they travelled to France when they have put in the application, but AFTER their BRP/Visa date had expired?

How did they do this if the applicant had submitted his/her passport for the application?

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Old 3rd October 2019, 06:27 PM
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The person made the application and had their passport and BRP checked and returned to them, so they were in possession of their passport and expired BRP while it was being processed.


So they travelled to France when they have put in the application, but AFTER their BRP/Visa date had expired?

How did they do this if the applicant had submitted his/her passport for the application?[/QUOTE]

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Old 3rd October 2019, 06:43 PM
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From your response they DID travel when their BRP had expired......

They need legal advice to see if they have any grounds for appeal.

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Last edited by Crawford; 3rd October 2019 at 06:46 PM.
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Old 3rd October 2019, 10:10 PM
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I guess this is the disadvantage of being allowed to keep one's passport and BRP after enrolling biometrics. It gives the impression that the applicant can travel while the visa is being processed.
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Old 3rd October 2019, 11:20 PM
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Quote:
Originally Posted by Taiwaneil View Post
The person made the application and had their passport and BRP checked and returned to them, so they were in possession of their passport and expired BRP while it was being processed.
We don't yet know if the BRP was expired, if I'm reading this correctly?

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Old 4th October 2019, 12:00 AM
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Quote:
Originally Posted by topo morto View Post
We don't yet know if the BRP was expired, if I'm reading this correctly?
The following statement from Taiwanell states:

The person made the application and had their passport and BRP checked and returned to them, so they were in possession of their passport and expired BRP while it was being processed.

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Old 4th October 2019, 12:20 AM
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Quote:
Originally Posted by Crawford View Post
The following statement from Taiwanell states:

The person made the application and had their passport and BRP checked and returned to them, so they were in possession of their passport and expired BRP while it was being processed.
He's not the person that started the thread though - unless this is another friend of the same person...

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Old 4th October 2019, 07:33 AM
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Quote:
Originally Posted by topo morto View Post
He's not the person that started the thread though - unless this is another friend of the same person...
I stared the thread, yes the BRP had expired. Stupid thing to leave the country, but the person had their passport returned to them, so thought it was OK. Ignorance is not an excuse. My question is more around what options are open to them, the likelihood of an appeal being successful and whether they have to ‘start again’ by leaving the country and applying again. They are married and the partner couldn’t easily uproot and move abroad.

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Old 4th October 2019, 08:19 AM
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Quote:
Originally Posted by TomNelson View Post
I stared the thread, yes the BRP had expired.
Aha - I wondered if they might have still been travelling on a still-valid BRP (e.g. our BRP wasn't taken from us at our in-person appointment, and it still had nearly a month left before its expiry date - Not sure if it's allowed to travel in those circumstances but I wouldn't have dared try!)

It is a bit daft to travel on an expired BRP, but it would clearly be horrifically harsh and draconian for them to lose their whole life in the UK for the sake of one honest mistake. Hope someone here can help...

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