Using other passport to travel whilst applying for a Tier 4 visa

aidouda · Post by **aidouda** » Tue Jun 26, 2018 3:01 pm

Dear all,

Is it legally possible to travel outside the UK on another passport whilst making a 'Leave to remain' application for a general Tier 4 visa from within the UK?

CR001 · Post by **CR001** » Tue Jun 26, 2018 3:04 pm

How will you re-enter the UK??

If your last visa has already expired, the minute you leave the UK, your section 3C protection ends.

See page 22 in the link below.

https://assets.publishing.service.gov.u ... n-v1.0.pdf

aidouda · Post by **aidouda** » Tue Jun 26, 2018 3:06 pm

My other passport allows me to visit the UK without a visa (Antigua and Barbuda)

aidouda · Post by **aidouda** » Tue Jun 26, 2018 3:08 pm

Also, my pre-existing visa will still be valid

sah10406 · Post by **sah10406** » Tue Jun 26, 2018 3:50 pm

aidouda wrote: ↑
Tue Jun 26, 2018 3:06 pm
My other passport allows me to visit the UK without a visa (Antigua and Barbuda)

But you are not a visitor, as evidenced by the fact that you have a pending Tier 4 extension application.

marcnath · Post by **marcnath** » Tue Jun 26, 2018 4:28 pm

aidouda wrote: ↑
Tue Jun 26, 2018 3:01 pm
Dear all,

Is it legally possible to travel outside the UK on another passport whilst making a 'Leave to remain' application for a general Tier 4 visa from within the UK?

It is possible to travel outside the UK.

Coming back without affecting your immigration status is a different issue.

If you enter on the basis that you don't need a visa, then you will be in a visitor visa.

UK immigration rules do not allow you to have two types of entry clearance simultaneously, so once you have been issued a visitor entry clearance, your tier 4 visa is automatically invalidated.

Are HO systems good enough to deduct that ? I have no idea.

You may be able to convince the ECO to let you re-enter as a Tier4 student - maybe with a copy of the BRP, which will allow your status to be maintained.

But it would be a very risky thing to test.

aidouda · Post by **aidouda** » Tue Jun 26, 2018 5:11 pm

This is from the document that was kindly posted above, page 22

"You must not treat an application as withdrawn if the person: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"

For me, that meant that if my Tier 4 visa is still valid (which it is) I could re-enter the UK after a travel I made using another passport, no?

marcnath · Post by **marcnath** » Tue Jun 26, 2018 8:17 pm

aidouda wrote: ↑
Tue Jun 26, 2018 5:11 pm
This is from the document that was kindly posted above, page 22

"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"

For me, that meant that if my Tier 4 visa is still valid (which it is) I could re-enter the UK after a travel I made using another passport, no?

That is correct and was the basis of my reply.

You can come back but you need to ensure that the ECO allows you in as a Tier 4 visa holder.

If the ECO stamps you in as a visitor (i.e. with a 90 day expiry, for example), then Tier 4 visa gets cancelled.

Unfortunately the ECO does have considerable powers, so they can refuse you entry on T4 if you don't produce the BRP (which is the evidence of non-expiry of leave).

You can of course take a copy of these rules and make the argument, but that is what I meant by taking the risk. It will all probably work out in the end, but your call whether you want to go through all the trouble.

aidouda · Post by **aidouda** » Wed Jun 27, 2018 7:52 am

Thank you so much for your reply! I don't know what ECO means but I assume it is the customs officer at the border right?

I understand now. So it means nothing is wrong with me going in and out of the UK on another passport but I must make sure when I come back to the UK that the officer puts me as a Tier 4 still, and not accidentally consider me a visitor because that would be tragic for my pending application...

CR001 · Post by **CR001** » Wed Jun 27, 2018 7:55 am

Do you have your non expired tier 4 visa BRP card or did you submit it with your extension application??

sah10406 · Post by **sah10406** » Wed Jun 27, 2018 8:15 am

It seems extremely risky to me. I would not travel.

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