# indefinite leave, definite frustration!



## curatrix (Jan 21, 2012)

My 5-year work permit expired in November 2011 and I submitted (through my employer) the Indefinite Leave to Remain application at that time - the postal application, which I now see was a Big Mistake, but that was the path my employer opted to take. I work for a UK civil service and my job requires me to be able to travel internationally. So for the period of time that the application is slo-o-o-owly being processed by one branch of the government, I am not able to adequately perform the job that I was hired to do by another branch of the government! (Not to mention not being able to travel for a planned holiday in March...) I have had a letter acknowledging receipt of the application (in December) but nothing further.

Has anyone had experience with withdrawing the application and re-submitting for in-person processing? Is there any way to expedite the process?

Would be grateful for any advice apart from the obvious "you should have checked this forum before you submitted the application!"


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## Joppa (Sep 7, 2009)

curatrix said:


> My 5-year work permit expired in November 2011 and I submitted (through my employer) the Indefinite Leave to Remain application at that time - the postal application, which I now see was a Big Mistake, but that was the path my employer opted to take. I work for a UK civil service and my job requires me to be able to travel internationally. So for the period of time that the application is slo-o-o-owly being processed by one branch of the government, I am not able to adequately perform the job that I was hired to do by another branch of the government! (Not to mention not being able to travel for a planned holiday in March...) I have had a letter acknowledging receipt of the application (in December) but nothing further.
> 
> Has anyone had experience with withdrawing the application and re-submitting for in-person processing? Is there any way to expedite the process?
> 
> Would be grateful for any advice apart from the obvious "you should have checked this forum before you submitted the application!"


As things stand, there is nothing you can do to hurry the process of postal application. You just have to wait your turn. Average wait is around 4 to 5 months so you still have some way to go.

You can withdraw your application (losing all your fees) and re-apply using same-day premium service (paying the full fees of £1350).


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## curatrix (Jan 21, 2012)

Joppa said:


> As things stand, there is nothing you can do to hurry the process of postal application. You just have to wait your turn. Average wait is around 4 to 5 months so you still have some way to go.
> 
> You can withdraw your application (losing all your fees) and re-apply using same-day premium service (paying the full fees of £1350).


Thanks for the quick reply. Is there any way to know how long it would take to retrieve the application from the maw of bureaucracy and schedule an in-person appointment? (Trying to figure if it is worth a try as I am due to give professional papers at two conferences outside the UK in mid - late March.) Really not happy about having to forfeit the fee, but.....


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## Joppa (Sep 7, 2009)

curatrix said:


> Thanks for the quick reply. Is there any way to know how long it would take to retrieve the application from the maw of bureaucracy and schedule an in-person appointment? (Trying to figure if it is worth a try as I am due to give professional papers at two conferences outside the UK in mid - late March.) Really not happy about having to forfeit the fee, but.....


See
_17 CONTACTING US AFTER YOU HAVE APPLIED
If you need to contact us after you have applied, please do so as follows.
To send us more information about your application, write to the following address (not the one to which you posted your application):
UK Border Agency
Liverpool Settlement Casework
PO Box 306
Liverpool
L2 0QN
and give the following details in your letter:
- the applicant’s full name, date of birth and nationality
- any Recorded or Special Delivery number
- the date on which the application was posted, made
in person or delivered by courier
- the Home Office reference number if you have one.
*If you need your passport because you have to travel urgently and unexpectedly, call 0870 606 7766 and give the details listed immediately above.
Your application will be treated as withdrawn if your passport is returned for travel abroad before we are able to decide the application*._

You should get your passport and supporting documents back within a week or so.

Then make an appointment at public enquiry office for premium service:
UK Border Agency | Applying in person at a public enquiry office

Check all PEOs to get the earliest appointment. You don't have to use the nearest.


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## curatrix (Jan 21, 2012)

Joppa said:


> See
> _17 CONTACTING US AFTER YOU HAVE APPLIED
> If you need to contact us after you have applied, please do so as follows.
> To send us more information about your application, write to the following address (not the one to which you posted your application):
> ...


Thanks, Joppa. Sounds pretty grim, but at least I now have an address to write to - which is different to the one in Croydon from which the acknowledgement letter with the case number reference etc. was sent. Wish my employer (and I) had researched this all a bit before making the postal application!


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## lenamitra (Jan 25, 2012)

curatrix said:


> Thanks, Joppa. Sounds pretty grim, but at least I now have an address to write to - which is different to the one in Croydon from which the acknowledgement letter with the case number reference etc. was sent. Wish my employer (and I) had researched this all a bit before making the postal application!


Hi, I am new to this forum, and only stumbled upon it through google search. I felt compelled to reply to your post as my husband and I have more or less similar problem at the moment, and have thought of the aforementioned solution to it ourselves. However, after calling UKBA to enquire about it we found that it is no longer possible for us to withdraw postal application and apply in person, because our LTR has expired in the meantime, as, I understand, has yours. That practically means, as we were advised, that UKBA will consider us as illegaly here and will not entertain making appointment in the first place, with the only option of leaving the country and applying for ILR through embassy. 
I strongly advise you to call UKBA youself and confirm this before you withdraw your application.
Regards


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## Joppa (Sep 7, 2009)

lenamitra said:


> Hi, I am new to this forum, and only stumbled upon it through google search. I felt compelled to reply to your post as my husband and I have more or less similar problem at the moment, and have thought of the aforementioned solution to it ourselves. However, after calling UKBA to enquire about it we found that it is no longer possible for us to withdraw postal application and apply in person, because our LTR has expired in the meantime, as, I understand, has yours. That practically means, as we were advised, that UKBA will consider us as illegaly here and will not entertain making appointment in the first place, with the only option of leaving the country and applying for ILR through embassy.
> I strongly advise you to call UKBA youself and confirm this before you withdraw your application.
> Regards


The OP may get discretionary leave to remain (DLR), which is outside the immigration rules. But it can only be applied by post, meaning further delay of several months. They may as well leave their application as it is and just wait for their ILR to be issued. They won't be able to travel while their passport is still with UKBA, though.


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## curatrix (Jan 21, 2012)

Joppa said:


> The OP may get discretionary leave to remain (DLR), which is outside the immigration rules. But it can only be applied by post, meaning further delay of several months. They may as well leave their application as it is and just wait for their ILR to be issued. They won't be able to travel while their passport is still with UKBA, though.


Hmmm, Joppa, this seems to contradict your reply posted earlier which seemed to indicate that withdrawing and re-applying WOULD be possible/feasible:



> As things stand, there is nothing you can do to hurry the process of postal application. You just have to wait your turn. Average wait is around 4 to 5 months so you still have some way to go.
> 
> You can withdraw your application (losing all your fees) and re-apply using same-day premium service (paying the full fees of £1350).


Do I understand correctly that this is actually a multi-step process, i.e., withdraw application, apply (by post) for DLR, .......wait for results of DLR (possibly several months), then re-apply in person for ILR? 

Objectively, and quite apart from my personal situation, I am curious as to why there is such a vast difference between the length of time required to process a postal application and the one-day results achieved with an in-person application. Any insights?


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## Joppa (Sep 7, 2009)

curatrix said:


> Hmmm, Joppa, this seems to contradict your reply posted earlier which seemed to indicate that withdrawing and re-applying WOULD be possible/feasible:


I've missed the bit about your leave having already expired in November. In that case you cannot just withdraw and reapply, as it's no longer an in-time application, i.e. applying before the expiry of current leave.



> Do I understand correctly that this is actually a multi-step process, i.e., withdraw application, apply (by post) for DLR, .......wait for results of DLR (possibly several months), then re-apply in person for ILR?


Because your leave has already expired, you are technically an overstayer. You can no longer apply in the normal way, and only ask for DLR outside the normal rules on compassionate grounds. So you may just as well leave your postal application as it is and wait for ILR to be granted. 



> Objectively, and quite apart from my personal situation, I am curious as to why there is such a vast difference between the length of time required to process a postal application and the one-day results achieved with an in-person application. Any insights?


Because they use all their resources to deal with premium applications, and postal applications are just put aside to be dealt with on time-available basis. This is an oversimplication, but given limited resources and manpower, those who have paid substantially more for their services get priority treatment. As long as there are people willing to pay those extras, it's a good business model, gives people choice and keeps them happy.


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## Undertaker (Feb 13, 2012)

I posted my indefinite leave in Mid June 2011, I got a letter to confirm after 2 weeks
I am still waiting
I have called them 3 times all they tell me is it's in progress
i have written to them but have had no answer back
its been 8 months now anyone know how long they will take?
thanks


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## Joppa (Sep 7, 2009)

Undertaker said:


> I posted my indefinite leave in Mid June 2011, I got a letter to confirm after 2 weeks
> I am still waiting
> I have called them 3 times all they tell me is it's in progress
> i have written to them but have had no answer back
> ...


See my reply in another thread.


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