Travelling on other passport while visa is out for extension

As part of my Job I travel out of the UK very often. My visa will soon be sent in for extension (T1-entrepreneur) and it make take a while (complicated extension)

Can I travel on my other nationality passport (USA) to get in and out of the UK in the meanwhile

I would strongly caution against it for the following reasons:

* An immigration officer is not obligated to admit you when you arrive in the UK;
* You must (by law) present a BRP at the border if you want to be admitted under your Tier 1 General status;
* If you lie and say you're coming for a holiday, you will get a "No work" stamp in your passport, which prohibits you from working even if you do hold Tier 1 General status in your other passport. This could also be seen as deception by UKVI, which will bar you from extending your status again;
* The UKBF likely have access to your application records at the border and will know that you have an application in process.

I don't think you should try it.

Thanks for this response.

1. I don't have a BRP just the t1-entrepreneur visa sticker in my passport (does it make a difference?)
2. I don't plan at all on lying. Rather entry once with my other PP, what to expect, a slap on the wrist don't do that anymore or?

Your biggest danger is that they will waive you on through with a quick stamp as a visitor, canceling your current visa and abandoning your extension application.

Why/how does that cancel visa/application??

And if it does why not go up to officer and say "hello here is mu other passport my main passport is out for extension of visa here is photo of it"

seasky wrote:Why/how does that cancel visa/application??

And if it does why not go up to officer and say "hello here is mu other passport my main passport is out for extension of visa here is photo of it"

The current visa only gets cancelled if you get another visa from UK.
As you do not require a visa on a US passport, you wont be issued a new visa and hence your old visa does not get cancelled.

You can go out and definitly come back on the US passport. However the issue is that while entring the UK you will have to tell the UKBA that you are here for tourism/visit (to use visa free access) and you can not work cuz your entry would be on a different passport and for a different purpose (even though you have work auth on your other passport)

Post your entry on the US passport if you resume work you will be in violation of the visa waiver rules.

you could basically enter the uk on your US passport, not work untill you collect your main passport then go to france and enter back on your main passport with work authorisation. Obviously this is the correct way but tedious one.

SureShot wrote:

seasky wrote:Why/how does that cancel visa/application??

And if it does why not go up to officer and say "hello here is mu other passport my main passport is out for extension of visa here is photo of it"

The current visa only gets cancelled if you get another visa from UK.

If he enters the country as a visitor, he is entering on another visa type, even it is an implied visitor visa. And that will cancel any previous visa, no matter what passport he is using. The visa does not belong to the passport, it belongs to the immigrant, irrespective of what passport(s) they might nold.

SureShot wrote: As you do not require a visa on a US passport, you wont be issued a new visa and hence your old visa does not get cancelled.

A visa does not belong to a passport. It belongs to the immigrant.

SureShot wrote: You can go out and definitly come back on the US passport. However the issue is that while entring the UK you will have to tell the UKBA that you are here for tourism/visit (to use visa free access) and you can not work cuz your entry would be on a different passport and for a different purpose (even though you have work auth on your other passport)

Post your entry on the US passport if you resume work you will be in violation of the visa waiver rules.

you could basically enter the uk on your US passport, not work untill you collect your main passport then go to france and enter back on your main passport with work authorisation. Obviously this is the correct way but tedious one.

What you are suggesting is nothing short of an attempt at fraud. An attempt that will almost certainly fail.

Very old post I know but just for sake of clarity for future searches by other posters, I feel obliged to correct the wrong information provided by @ouflak1.

ouflak1 wrote:

SureShot wrote:

seasky wrote:Why/how does that cancel visa/application??

And if it does why not go up to officer and say "hello here is mu other passport my main passport is out for extension of visa here is photo of it"

The current visa only gets cancelled if you get another visa from UK.

If he enters the country as a visitor, he is entering on another visa type, even it is an implied visitor visa. And that will cancel any previous visa, no matter what passport he is using. The visa does not belong to the passport, it belongs to the immigrant, irrespective of what passport(s) they might nold.

The US passport allows one to enter the UK VISA FREE for tourism purpose. This means that the entry on US passport will be without a visa hence the previous visa will stand.

ouflak1 wrote:

SureShot wrote: As you do not require a visa on a US passport, you wont be issued a new visa and hence your old visa does not get cancelled.

A visa does not belong to a passport. It belongs to the immigrant.

This is true but irrelevent. Since on US passport you can enter VISA FREE?

ouflak1 wrote:

SureShot wrote: You can go out and definitly come back on the US passport. However the issue is that while entring the UK you will have to tell the UKBA that you are here for tourism/visit (to use visa free access) and you can not work cuz your entry would be on a different passport and for a different purpose (even though you have work auth on your other passport)

Post your entry on the US passport if you resume work you will be in violation of the visa waiver rules.

you could basically enter the uk on your US passport, not work untill you collect your main passport then go to france and enter back on your main passport with work authorisation. Obviously this is the correct way but tedious one.

What you are suggesting is nothing short of an attempt at fraud. An attempt that will almost certainly fail.

[/quote]
Again, I was suggesting to take a holiday and not work while the entry is on US visa and then re-enter using the main passport giving the reason as work.

There is no fraus involved in it and you are totally misguiding other users by providing wrong information.

Just save yourself the trouble by going for the Premium Service and hopefully you will go home with your passport and it is "sorted" (British English)

I think an application is considered withdrawn if the person applying leaves the country

Risky, if your leave expires before you return.

Withdrawn applications wrote:You must not treat an application as withdrawn if the person:
 travels outside the CTA on another passport, an emergency travel document or illegally, unless they also request the return of their passport for travel outside the CTA, or
 requests the return of their passport for purposes other than travel (or for travel within the CTA). For example to open a bank account, take the Life in The UK Test or apply for an identity document not related to travelling outside the CTA.
If a person, with an outstanding application, travels outside the UK the application does not give them any right to re-renter the UK to receive a decision on their application. They are liable to be refused entry, unless:
 they are allowed to re-renter the UK with a different type of leave, or
 their existing leave has not yet expired and is not cancelled at the border.
If the person is covered by section 3C leave because they made an in-time application and their leave expired before they left the UK, their section 3C leave expires when they leave the UK.
If a person is given leave to enter the UK in a different immigration category, for example as a visitor, this is their current immigration status and you must take this into account when you consider whether they meet the requirements of the rules under which they originally applied. This may result in their application being refused, for example on switching grounds.

SureShot wrote: The US passport allows one to enter the UK VISA FREE for tourism purpose. This means that the entry on US passport will be without a visa hence the previous visa will stand.

This is not true and a dangerous misunderstanding. There are several posts on this forum alone of people who have lost their 'current' visa status as they were simply allowed in as visitors 'visa free' as you put it, with just a visitor stamp. You don't get a specific piece of paper with a visa, but all Americans that are allowed in without having to apply for a visa are nonetheless on an implied tourist visa with the relevant rules and restrictions applicable. If you have another visa that is not expired, you are probably ok, but it can be cancelled by a Border Patrol agent. Not only that, but if you have an application for another type of leave in process, it might be withdrawn (considered abandoned) if you leave the country before it is decided and your original visa expires.

SureShot wrote:This is true but irrelevent. Since on US passport you can enter VISA FREE?

.

You may not have to apply for a visa, but you are on an implied visitor's with all of its restrictions. Even on the UK website, it specifically suggests that one who is from a visa free country carry with them all the paper work they would need as if they were applying for a tourist visa. It's almost silly to think this could otherwise be the case. A person who was truly 'visa free' could, by definition, do whatever they wanted without restriction. People on this forum have posted about having their visas cancelled because their passport was accidentally stamped as a visitor, and occasionally having their applications-in-process abandoned. But among the most common mistakes made along your lines of thinking is boyfriends/girlfriends thinking they can just come to the UK 'visa free' and stay with their partner for up to six months, no problem. You can find these posts easily.

SureShot wrote:There is no fraud involved in it .and you are totally misguiding other users by providing wrong information.

If you tell the Border Patrol that you are currently on a Tier 1 visa that you can't show them, they are bound to ask why you can't show them that visa. Unless you lie, you will have to tell them that you have an application in process. If your original visa has not expired and you are lucky, they will just leave it at that after a check to be sure that your original visa has indeed not expired. Otherwise, lying to Border Control about your current circumstances and attempting to enter the country via means other than that which you were specifically granted? There's a word for that. Probably several words.

But really the biggest danger is that the Border Patrol agent will simply put a visitor visa stamp in the passport and waive them through. People on this forum have had to fight some frightening battles to convince the Home Office that this was a mistake!

There is no rule preventing you from travelling while your application is being processed. You will have a problem to board the airplane if you require a visitor visa.
When you arrive, you have to tell the immigration officer than you are entering as TIER 1 and not as visitor, and that you don't have a visa now with you, because your application is being processed, they will detain you for 5-15 minutes while they check your case in the back office, and they will let you in. They will take your finger prints, they will stamp your passport with no time limitation.

My answer is based in my experience. But the difference is, that my application was already approved and I was waiting for the BRP.
But I can't see why they won't let you in. I have not seen an immigration rule which says you are not allowed to travel outside the UK. They say "travel us not advised".

Actually applying months before your current leave expires makes sense.