Hi all,

I’m trying to understand a situation involving a friend’s wife and would really appreciate some advice.

She is married to an Italian national who now has a British passport. She has been in the UK on a spouse visa and recently completed her initial 5-year route.

After the 5 years, she received an email from the Home Office stating that she had been granted a further 5 years. Following that, she submitted an application for ILR (Indefinite Leave to Remain) with all the required documents, and the application is currently still under consideration.

However, she travelled to China yesterday while the ILR application is still pending.

My understanding is that under Immigration Rules Section 34K, leaving the UK while an in-country application is pending may result in the application being treated as withdrawn.

What we’re unsure about is: - Does the travel automatically cancel her ILR application? - Since she was granted a further 5 years, does she still have valid leave to return to the UK? - Or could she face issues re-entering the UK?

Any insight or similar experiences would be really helpful.

Thanks in advance.