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Getting a 2nd or emergency passport during ILR decision

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Miamu
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Getting a 2nd or emergency passport during ILR decision

Post by Miamu » Fri Nov 23, 2018 4:34 pm

Has anyone had any experience getting a second passport or emergency passport to travel on while their documents were being retained by the home office during an ILR decision?

I did a same day premium appointment at the premium service center in Croydon, and was anticipating a same day decision but was told they needed to retain my passport and visa to verify the number of days I’ve been out of the country is under 180.

I’m definitely well under the max days out of the country, but it’s been over a month and I haven’t heard anything! The letter the home office gave me alluded to a phone number to call if I needed my passport, but no phone number was given.

My home country try (USA) will issue me a emergency passport or a second passport so I can travel on 21 December. Has anyone else done this? Were there any issues with the ILR application? Any issues getting back into the UK? I’ve already lost a ton of money on holidays I couldn’t cancel, and booked my flight ages ago so can’t cancel that either.

I’ve done all the typical things - MP wrote a letter, I wrote a letter, called UKVI, etc. but not helpful.

Help! Need answers! Anyone have any experience in this situation?

Thank you!!

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CR001
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Re: Getting a 2nd or emergency passport during ILR decision

Post by CR001 » Fri Nov 23, 2018 4:38 pm

My understanding is that if you travel out of the UK your application will be considered withdrawn.
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zimba
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Re: Getting a 2nd or emergency passport during ILR decision

Post by zimba » Fri Nov 23, 2018 8:02 pm

Under the Immigration Act in the UK, you CANNOT leave the UK if you have a pending application or else your application will be assumed withdrawn. You could jeopardize your ILR if you do. You should NOT travel unless your application is decided :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: Getting a 2nd or emergency passport during ILR decision

Post by vinny » Fri Nov 23, 2018 10:53 pm

Applications for leave to remain: validation, variation and withdrawal
You must not treat an application as withdrawn if the person:

• does not request the return of their passport and instead travels outside the CTA on another passport, an emergency travel document or illegally
• 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 CTA, the application does not give them any right to re-enter the UK to receive a decision on their application. They are liable to be refused entry, unless:
• they are allowed to re-enter the UK with a different type of leave
• their existing leave has not yet expired and is not cancelled at the border


If the person has transferred onto 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 makes an application for further leave but then leaves the UK with extant leave and that leave expires whilst they are outside the UK, they will transition onto section 3C leave.

If a person has transitioned onto section 3C leave and withdraws their application, 3C only comes to an end on the date the application is withdrawn.
They must not treat an application as withdrawn, if traveling outside the UK on a second passport. However, it is still risky, if you are unable to re-enter the UK under the same category of leave.
... but they are not allowed to have more than one form of leave at the same time. ...
Unsure of the consequences,
if they refuse entry or
if you are admitted entry as a visitor on your second passport or
if Section 3C leave expires?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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