Travel to Ireland (within CTA) during ILR application

Does anyone know if this is permitted? It seems to be ok but would be great to get some confirmation. My wife is due to fly from UK to Ireland next week, with a ILR application pending.

If she returns before expiry of leave, then I think she may be okay.

Thanks for the reply. Her leave has, as of yesterday, expired. I know if she was travelling outside the CTA then the application would be cancelled for sure. But hoping that as Ireland is within the CTA this does not count as travelling abroad - very hard to find out from any Gov websites!

If she leaves the UK, then Section 3C lapses. She may be an overstayer, if she returns prior to ILR grant. Then the Good character requirements may prevent her from Naturalising for 10 years.

Thanks. Are you sure Ireland is included in ‘travelling abroad’? I know this may sound a bit silly but I have read this elsewhere, albeit it doesn’t seem conclusive.

Section 3C

(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

Under the Immigration Act 1971

“the Islands” means the Channel Islands and the Isle of Man, and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together

the “United Kingdom” excluded “the Islands”.

The Immigration rules does not define what the “United Kingdom” means. So, assume current meaning. It’s different from previous meaning.

Under the British nationality Act, you are right, the Republic of Ireland is not a “foreign country”.

“ foreign country ” means a country other than the United Kingdom, a [F9 British overseas territory ] , a country mentioned in Schedule 3 and the Republic of Ireland.

“ the United Kingdom ” means Great Britain, Northern Ireland and the Islands, taken together;

“ the Islands ” means the Channel Islands and the Isle of Man

But it seems that the “United Kingdom” also excluded the “Republic of Ireland”.

The legislation

Section 3C(3) states that 3C leave will lapse if the applicant leaves the UK. Contrast this with paragraph 34K of the Immigration Rules, which states that a pending application is treated as withdrawn when the person leaves the Common Travel Area. This means that someone who travels to Ireland, the Isle of Man or Channel Islands might lose their section 3C leave while their application nevertheless remains pending.

Hence, it’s safer to remain in the UK when under Section 3C leave.

I think if she had travelled within the CTA prior to expiry of leave, then she may have been okay too. There was no Section 3C to lapse at that time. If no decision was made on a pending in-time valid variation application, then Section 3C may be triggered at expiry of leave, irrespective of where she was. It doesn’t lapse when an applicant returns to the UK.

Larrytwo wrote: ↑

Sat Jul 09, 2022 4:58 pm

Thanks. Are you sure Ireland is included in ‘travelling abroad’? I know this may sound a bit silly but I have read this elsewhere, albeit it doesn’t seem conclusive.

Note that CTA arrangements grant a variety of rights to ONLY British and Irish citizens NOT to their respective non-citizens, immigrants or residents. This is why non-citizens MUST still hold correct travel documents/visas crossing into either country. Leaving the UK will end the Section 3C leave as Vinny pointed out for a UK immigrant with such leave