ILR family emergency

Hello,

I am in the process of applying for the ILR - I have not applied yet but I will soon. My visa expires 16 November and I plan to apply this weekend to then get the BRP appointment.

My grandfather has fallen very ill and I’m wondering if there is a way to apply for an extension if I want to fly to the States ASAP.  Or if I do complete the application on Saturday, then fly to the USA for a week and make my BRP appointment for once I return.

Any advice is greatly appreciated.

With your visa expiring on 16 November, 34K might be a problem.

"34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area."
https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk#withdrawal-of-an-application-for-entry-clearance-permission-to-enter-and-permission-to-stay-in-the-united-kingdom


Some are getting their ILR decision in days if they have a straightforward application and pay extra (Priority?).

Thank you. That is very helpful. If I apply on Saturday, do you think it’s possible to pay for super priority and get my BRP appointment as early as next week? Then perhaps I could fly later next week. Just trying to see options if possible.


Thanks again

Thank you. That is very helpful. If I apply on Saturday, do you think it’s possible to pay for super priority and get my BRP appointment as early as next week? Then perhaps I could fly later next week. Just trying to see options if possible.


Thanks again

If there's a biometrics appointment that quickly then yes it's possible. I would also contact your MP for support as soon as your application is in, they may be able to help.

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Thank you so much. Is there a way to know how long people are waiting currently for an appointment once they submit their application? I just spoke with someone on an advice line and they said to potentially speak to an immigration advisor. Would this be useful?

If there's a biometrics appointment that quickly then yes it's possible. I would also contact your MP for support as soon as your application is in, they may be able to help.

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The only issue there is that it can take up to 10 days after the decision has been made (which is by the end of the next working day after the appointment) to receive your new BRP card in the post... and you cannot travel until you have received it. Generally, I think it's been taking about 4 days for the BRP card to arrive, but it can take up to 10 days.

So, even if you were to get an appointment next week, you may not be able to travel for another 1-2 weeks after that.

The only issue there is that it can take up to 10 days after the decision has been made (which is by the end of the next working day after the appointment) to receive your new BRP card in the post... and you cannot travel until you have received it. Generally, I think it's been taking about 4 days for the BRP card to arrive, but it can take up to 10 days.

So, even if you were to get an appointment next week, you may not be able to travel for another 1-2 weeks after that.

Than you for this - very helpful to know. Is this the same if super priority?

Thank you so much. Is there a way to know how long people are waiting currently for an appointment once they submit their application? I just spoke with someone on an advice line and they said to potentially speak to an immigration advisor. Would this be useful?

It depends on the type of appointment you want and the UKVCAS centre you will be going to (you can try different centres to see what they have available).

Free appointments are in the most demand and it can sometimes be a wait of a few weeks for one of those. Paid appointments are more plentiful, but it still could take a couple of weeks to get an appointment... just depends on the availability.

Appointments are released 28 days ahead and the free ones are available from 9 am every day, while the paid appointments are released at midnight each night.

From the UKVCAS website:

New appointments released each day 28 days in advance

Our booking calendar shows 4 weeks of appointments with a new date added each day. We offer a mix of free and chargeable appointments.

Currently, free appointments are released into our booking system at 09.00 and chargeable appointments are released at midnight
Free appointments can get booked up very quickly so you may need to book a few weeks ahead to find the right appointment for you.

Than you for this - very helpful to know. Is this the same if super priority?

That is specific to Super Priority.

For Super Priority:
- attend appointment
- decision by end of next working day (usually within about 5 hours of the appointment)
- BRP delivered within 10 days

For standard processing:
- attend appointment
- decision within 6 months (but decisions have been pretty quick recently)
- BRP sent out once decision has been made

That is specific to Super Priority.

For Super Priority:
- attend appointment
- decision by end of next working day (usually within about 5 hours of the appointment)
- BRP delivered within 10 days

For standard processing:
- attend appointment
- decision within 6 months (but decisions have been pretty quick recently)
- BRP sent out once decision has been made

Thank you so much - my last question: if I apply for the visa on Saturday and also fly to the USA the same day but then fly back before the 16th November (when my visa expires), is this a possibility at all?

Thank you again for all of the fast replies - it helps so much.

Thank you so much - my last question: if I apply for the visa on Saturday and also fly to the USA the same day but then fly back before the 16th November (when my visa expires), is this a possibility at all?

Thank you again for all of the fast replies - it helps so much.

No, because of 34K of the Immigration rules (above): your "application will be treated as withdrawn on the date the applicant left the common travel area."

You would need to apply again before your visa expired.

Common travel area (immigration staff guidance)

"The CTA is an administrative arrangement between the UK, Ireland and the Crown
Dependencies (Isle of Man, Guernsey and Jersey) which is implemented in UK
domestic law in statute.

The Crown Dependencies are collectively referred to as ‘the islands’ in the
Immigration Act 1971, the British Nationality Act 1981 and this document. The
Channel Islands are comprised of the Bailiwick of Jersey and the Bailiwick of
Guernsey (which includes Herm, Sark and Alderney)."
https://www.gov.uk/government/publications/common-travel-area

The only issue there is that it can take up to 10 days after the decision has been made (which is by the end of the next working day after the appointment) to receive your new BRP card in the post... and you cannot travel until you have received it.

Just spitballing here... But you don't need your BRP to leave the UK, correct, just when you return? So would it be possible to get approved, then fly, and have someone post the BRP card to them while they're in the US tending to family matters?

Or go now for a few days and be back before the visa expires? 

I'm so sorry you're in this predicament @heatherkay333

I think if I were in your shoes I'd probably just jump on a plane now and make sure I was back before the BRP expires.  If it does come to the worst, you will have had at least a better chance to say your goodbyes. But I do hope that he recovers and wish you and your family all the best.