By Emilia Cieslak – Authorized Affiliate
There are numerous the explanation why you might have to withdraw an immigration application. Maybe an emergency has arisen prompting a change of plans? Or possibly you observed that you just made a mistake filling out the shape? Conversely, you might want to be sure that you don’t inadvertently withdraw an software which you wish to be thought-about, for instance by requesting the return of a passport for journey. On this publish we will likely be discussing the principles and steerage round withdrawing an immigration software.
When can I withdraw my immigration software?
The Immigration Guidelines state that an applicant might ask to withdraw their immigration software at any time earlier than a call is made on the appliance.
If the request to withdraw the appliance is accepted, the date of withdrawal is the date on which the request was acquired by the House Workplace. The withdrawal can’t be stopped as soon as it’s been acquired by UK Visas and Immigration.
If you’re within the UK you will need to make a legitimate software earlier than your depart expires. If it’s important to withdraw your software, bear in mind to reapply earlier than this date to keep away from turning into an overstayer.
You may additionally be capable of differ your software. To take action you will need to submit an extra legitimate software, this will likely be handled as a legitimate software and solely the latest software will likely be thought-about.
In case you had been informed to attend a biometric enrolment appointment, the appointment at which you give your fingerprints and photograph, however you haven’t but attended the appointment you’ll usually be able to get a refund for your application fee.
If in case you have already attended a biometric enrolment appointment, your software charges is not going to often be refunded.
In case you used the smartphone app, you may get a refund if:
- You didn’t choose “confirm and upload” within the app- both importing your proof or confirming that there isn’t a proof to add.
- You withdrew the appliance earlier than the deadline to add your proof.
After UK Visas and Immigration confirms your software has been withdrawn it could take as much as 28 days so that you can get your refund, so bear in mind to test your checking account.
What’s the course of for withdrawing an immigration software?
The method for withdrawing your software relies on a number of elements:
- Whether or not you’re making use of from inside or exterior the UK;
- Whether or not you have got already attended your biometric enrolment appointment;
- Whether or not you used the smartphone app.
If in case you have not but attended a biometric enrolment appointment and you’re making use of from inside the UK, fill on this online form.
If in case you have not but attended a biometric enrolment appointment and you’re making use of from exterior the UK, register to your account utilizing your distinctive hyperlink and go to ‘Section 6: further actions’. There you’ll find an choice to cancel your software.
If in case you have already attended a biometric enrolment appointment and you’re making use of from inside the UK, fill on this online form.
If in case you have already attended a biometric enrolment appointment and you’re making use of from exterior the UK, you have to to contact UK Visas and Immigration. You’ll find the contact particulars here.
In case you used the smartphone app, whether or not inside or exterior the UK, register to your account the place you’ll find an choice to ‘Withdraw this application’.
What’s the distinction between a withdrawn software and a void software?
A void software is totally different to a withdrawn software. A void software is the place it could not be potential to grant the applicant the permission for which they utilized. For instance, an software is void if the applicant dies earlier than the choice is made, if somebody who’s exempt from immigration management makes an software, or if somebody with indefinite depart to stay makes an software for restricted depart to stay.
Can the House Workplace refuse my request to withdraw my software?
Sure, the Immigration Guidelines don’t require the House Workplace to conform to requests to withdraw functions. The House Workplace might determine as an alternative to determine the appliance.
House Workplace guidance states that the most typical purpose why they could refuse to just accept a withdrawal request is the place there’s a suspicion relating to deception. For instance, they could refuse to just accept a withdrawal request if they think that the appliance has knowingly submitted fraudulent paperwork.
Can I journey whereas my immigration software is being processed?
That is the frequent means by which an applicant can inadvertently get their software withdrawn.
The Immigration Guidelines state that the place an software for permission to remain constructed from inside the UK is being processed and the applicant travels exterior of the frequent journey space the appliance will likely be handled as withdrawn on the date the applicant left the frequent journey space.
Subsequently, it is very important test the processing instances earlier than you make an software and plan your journey round them. In case you urgently have to journey you’ll be able to test whether or not precedence companies can be found in your immigration software.
If in case you have made an software from exterior the UK, you might buy the passport passback service and journey to the UK whereas your software is being processed. However, you may have issues crossing the border.
For instance, in case you make an software on a route which results in settlement, the Border Officer will not be happy that you’re a real customer. It’s because a real customer intends to go away the UK on the finish of their go to, an intention which is at odds along with your software. To keep away from any points you might wish to carry your return ticket with you and be prepared to elucidate the scenario.
What if I’m an asylum seeker? Do the identical guidelines apply?
The foundations relating to when an asylum software is withdrawn are very totally different.
If you wish to explicitly withdraw your software you’ll be able to submit a legitimate withdrawal type or just contact the House Workplace explicitly confirming in writing that you just want to withdraw the asylum declare.
Nonetheless, the House Workplace can even deal with your asylum software as implicitly withdrawn if:
- You fail to take care of contact, or present updated contact particulars;
- You allow the UK with out authorisation at any time previous to the conclusion of your software for asylum;
- You fail to finish an asylum questionnaire when requested to take action;
- You fail to attend any reporting occasions and you’re unable to show inside an inexpensive time that failure to take action was because of circumstances past your management;
- You fail to attend a private interview and you’re unable to show inside an inexpensive time that failure to take action was because of circumstances past your management.
What if I have to journey whereas my asylum declare is pending?
If you might want to journey whereas your asylum software is pending you have to to ask the House Workplace for authorisation.
You could embrace the aim of the journey and the length of journey exterior of the UK. House Workplace steerage states that requests will likely be accepted “in the most exceptional circumstances” corresponding to “serious illness or death of a close family member or access to medical treatment abroad as it is unavailable in the UK”.
In case you request your passport again and journey with out authorisation your asylum software will likely be handled as implicitly withdrawn.
What if my asylum software has been wrongly withdrawn?
House Workplace guidance states that specific withdrawals of asylum functions will solely be cancelled if:
- You or your authorized consultant present proof that you just lacked the psychological capability to know the choice to explicitly withdraw the declare;
- You ship a request to cancel the withdrawal inside 60 days of the date on which the withdrawal was administered on House Workplace techniques.
The steerage goes on to offer a non-exhaustive checklist of conditions the place an implicit withdrawal of an asylum software will likely be cancelled and the asylum declare will likely be reinstated:
- The place you had been being cared for in hospital and so missed correspondence despatched to your property tackle;
- The place you weren’t issued a warning or despatched the related paperwork confirming that your declare could be withdrawn in case you failed to take care of contact with the House Workplace;
- The place you had been bailed to no mounted abode and weren’t knowledgeable that you will need to replace the House Workplace along with your residential and correspondence tackle to progress your declare;
- The place you didn’t obtain the related paperwork because it was despatched to the inaccurate tackle because of a House Workplace administrative or IT error;
- The place you had been unable to entry your correspondence because of home violence. The House Workplace has a presumption that victims of home violence needs to be believed and won’t ask you for corroborating proof at this stage.
It has been reported that high numbers of asylum applications have been implicitly withdrawn after a recent change in the Immigration Rules, so in case you consider that your asylum software has been wrongly withdrawn make sure that to contact the House Workplace to take care of your lawful immigration standing.
Contact Our Immigration Barristers
In case you consider that your immigration software has been wrongly withdrawn or if you’re in search of to withdraw your software, contact our immigration barristers in London on 0203 617 9173 or through the enquiry type under.
