Traveled unbeknownst I couldn't before ILR decision

twetwe · Post by **twetwe** » Thu Jul 21, 2022 12:53 pm

So, I made a massive boo hoo, I was not aware I could not leave the country before my ILR approval. I did (please no judgement I am kicking myself enough that didn’t do due diligence in checking before). Anyway, I was allowed re-entry fine but now that I was made aware that I couldn’t I am naturally very stressed.

From what I have now researched, my application made in April 2022 will likely be withdrawn and I need to repay….a very costly and stupid mistake I know. What I am now not clear about are:
1) How long will it take for me to be notified that my application has been withdrawn?
2) Can I reapply immediately, and will I be able to still work legally pending the new application (my old visa expired May 2022). Based on my current application I was given till Nov 2022 to continue working by my HR department.

I haven’t read any cases here of anyone who had their application withdrawn on the grounds of travel. If there is, please do share.

Post by **Ticktack** » Thu Jul 21, 2022 2:55 pm

twetwe wrote: ↑
Thu Jul 21, 2022 12:53 pm
So, I made a massive boo hoo, I was not aware I could not leave the country before my ILR approval. I did (please no judgement I am kicking myself enough that didn’t do due diligence in checking before). Anyway, I was allowed re-entry fine but now that I was made aware that I couldn’t I am naturally very stressed.

From what I have now researched, my application made in April 2022 will likely be withdrawn and I need to repay….a very costly and stupid mistake I know. What I am now not clear about are:
1) How long will it take for me to be notified that my application has been withdrawn?
2) Can I reapply immediately, and will I be able to still work legally pending the new application (my old visa expired May 2022). Based on my current application I was given till Nov 2022 to continue working by my HR department.

I haven’t read any cases here of anyone who had their application withdrawn on the grounds of travel. If there is, please do share.

No judgement, but are you sure you've not been let into the country as a visitor?

What happened at the port of entry? Did you use the E-gates? Not sure you can, but just a stupid question regardless!

twetwe · Post by **twetwe** » Thu Jul 21, 2022 3:27 pm

Immigration officer asked to see my proof of application via email. Stamped passport and said if I needed to travel before my BRP returned to just present the stamp: which just says leave to enter valid for 6 months. It doesn't say visitor.

I can't believe I got this so wrong

Post by **CR001** » Thu Jul 21, 2022 3:33 pm

twetwe wrote: ↑
Thu Jul 21, 2022 3:27 pm
Immigration officer asked to see my proof of application via email. Stamped passport and said if I needed to travel before my BRP returned to just present the stamp: which just says leave to enter valid for 6 months. It doesn't say visitor.

I can't believe I got this so wrong

Does the 'leave to enter for 6 months' say anything else such as 'employment and recourse to public funds prohibited' etc? Example in link below.

https://www.google.com/search?q=uk+visi ... LSP1nZCtVM

It sounds like you have been stamped in as a visitor.

twetwe · Post by **twetwe** » Thu Jul 21, 2022 3:36 pm

No. It simply says Leave to enter: Six months

Post by **Ticktack** » Thu Jul 21, 2022 3:53 pm

twetwe wrote: ↑
Thu Jul 21, 2022 3:36 pm
No. It simply says Leave to enter: Six months

Normally, you'd have been allowed to stay in the country indefinitely till you received your ILR BRP.
But...… Now you've only been allowed to stay in the country for 6 months. That means you have to leave the UK in 6 months "if" you don't get your ILR.

I hate to be a scaremonger, but now you've been flagged that you've recently just come back to the UK. Your 3C is broken. It's such a terrible mistake to make. Honestly, you'd find out the result soonest. Either Good or Bad! But I fear the worst, and hope for the best for you.

Post by **vinny** » Thu Jul 21, 2022 4:09 pm

twetwe wrote: ↑
Thu Jul 21, 2022 3:27 pm
Immigration officer asked to see my proof of application via email. Stamped passport and said if I needed to travel before my BRP returned to just present the stamp: which just says leave to enter valid for 6 months. It doesn't say visitor.

I can't believe I got this so wrong

Where did you go? Did you return before or after expiry of leave?

Post by **Ticktack** » Thu Jul 21, 2022 4:21 pm

vinny wrote: ↑
Thu Jul 21, 2022 4:09 pm

twetwe wrote: ↑
Thu Jul 21, 2022 3:27 pm
Immigration officer asked to see my proof of application via email. Stamped passport and said if I needed to travel before my BRP returned to just present the stamp: which just says leave to enter valid for 6 months. It doesn't say visitor.

I can't believe I got this so wrong
Where did you go? Did you return before or after expiry of leave?

twetwe wrote: ↑
Thu Jul 21, 2022 12:53 pm
(my old visa expired May 2022)

I guess this now depends on if he left the CTA, or if his ILR has been decided before he actually left the country!

twetwe · Post by **twetwe** » Thu Jul 21, 2022 4:22 pm

Travelled in July to Europe. BRP expired in May. Applied in April.

Post by **vinny** » Thu Jul 21, 2022 4:46 pm

If the Immigration Officer knew, then I suspect he would have warned you too.

Post by **zimba** » Thu Jul 21, 2022 5:14 pm

twetwe wrote: ↑
Thu Jul 21, 2022 4:22 pm
Travelled in July to Europe. BRP expired in May. Applied in April.

What is your nationality? It seems you are a non-visa national. If you got on a plane without a BRP and were let back in, you have been very likely admitted as a visitor

Pixietrix · Post by **Pixietrix** » Thu Jul 21, 2022 7:13 pm

How did you get on the plane i don’t understand? Was there no immigration at the port of departure

twetwe · Post by **twetwe** » Thu Jul 21, 2022 11:32 pm

Yes ofcourse. I presented old BRP to immigration at departure as I did upon arrival in the UK and said my new application was pending. All pretty seamless, there was no indication I had violated the rules.

Post by **vinny** » Fri Jul 22, 2022 1:23 am

I think 34K creates a bit of a mess. If they treat your application as withdrawn, then you may not even know about it, unless you get an unlikely refund or try SAR? If there’s no feedback near the expiry of current leave, then it may be prudent to apply again before expiry of leave?

Do let us know what happens.

Post by **zimba** » Fri Jul 22, 2022 4:36 pm

twetwe wrote: ↑
Thu Jul 21, 2022 11:32 pm
Yes ofcourse. I presented old BRP to immigration at departure as I did upon arrival in the UK and said my new application was pending. All pretty seamless, there was no indication I had violated the rules.

Airlines are NOT allowed to board a visa national without a valid visa. Hence you cannot get on a plane without a valid BRP or visa if you are a visa national. Only non-visa nationals can travel without a visa as they can be admitted as visitors.

If a person with an outstanding application travels outside the CTA, the application is withdrawn and so 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 (unless it is cancelled on arrival).

Guide: https://assets.publishing.service.gov.u ... ations.pdf

As you see, having a pending application gives you NO rights to be readmitted to the UK. The 'different type of leave' that allows you to be readmitted mentioned above suggests that you were granted a visit visa permission on your return (the 6 months leave granted at the border). The fact that the officer asked to see evidence of a pending application or saw your old BRP in my view is irrelevant

Post by **vinny** » Sat Jul 23, 2022 2:04 am

If you are a visa national, then it’s unlikely that he would have admitted you as a visitor without a visitor visa. Else, a visitor would subject to

conditions.

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Traveled unbeknownst I couldn't before ILR decision

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