ILR family emergency

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.

Thank you so so much for all of your replies. So can I just clarify:

If I fly now and come back by Wed latest (my BRP expires on Thurs 16) - submit my application on Wed when I return - that is fine right? Or can I submit my application anyway but still make sure I am back before the 16th?

I also was wondering about what was commented - can I stay past the 16th if I have my BRP appointment at a later date (with email as proof) OR have it mailed to me in the USA?

Thank you so much for all of your help with this.

Thank you so so much for all of your replies. So can I just clarify:

If I fly now and come back by Wed latest (my BRP expires on Thurs 16) - submit my application on Wed when I return - that is fine right? Or can I submit my application anyway but still make sure I am back before the 16th?

I also was wondering about what was commented - can I stay past the 16th if I have my BRP appointment at a later date (with email as proof) OR have it mailed to me in the USA?

Thank you so much for all of your help with this.

You can't submit it before you're back in the UK, unless you get some form of special dispensation from the government. I would give yourself two days for travel just in case of weather if at all possible.

Sent from my Pixel 6a using Tapatalk

You can't submit it before you're back in the UK, unless you get some form of special dispensation from the government.

Wouldn't that would require a change of the immigration rules?  3c of the Immigration Act 1971 stops somebody from becoming an overstayer in some circumstances and it states-

"Where an in-time application to extend or vary leave is made and the application is not decided before the person’s existing leave expires, section 3C extends the person’s existing leave until the application is decided (or withdrawn).

Section 3C does not extend leave where the application is made after the applicant’s current leave has expired."

https://www.gov.uk/government/publications/3c-and-3d-leave/3c-and-3d-leave-accessible


And 34K of the immigration rules states

"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."