Travelling while ILR is in process

Hi All,

I applied for ILR SEt LR via the new system and I have my passport and BRP (BC Spouse dependent category) with me.

My BRP is valid till June 2019, Can anyone tell me if I can travel while my ILR Set LR application in process?

Thanks.

soarifi wrote: ↑

Tue Feb 05, 2019 3:28 pm

Hi All,

I applied for ILR SEt LR via the new system and I have my passport and BRP (BC Spouse dependent category) with me.

My BRP is valid till June 2019, Can anyone tell me if I can travel while my ILR Set LR application in process?

Thanks.

If you travel outside UK while your application is in process, that may make your application withdrawn or invalid.

Even with the new system and having the passport and valid BRP in hand?

soarifi wrote: ↑

Tue Feb 05, 2019 4:04 pm

Even with the new system and having the passport and valid BRP in hand?

correct

soarifi wrote: ↑

Tue Feb 05, 2019 3:28 pm

Hi All,

I applied for ILR SEt LR via the new system and I have my passport and BRP (BC Spouse dependent category) with me.

My BRP is valid till June 2019, Can anyone tell me if I can travel while my ILR Set LR application in process?

Thanks.

Yes given you have valid BRP and then get readmitted to the UK before expiry, then you should be fine and your application will not be viewed as withdrawn. However if you leave the UK with no valid leave when under section 3C then your application will be viewed as withdrawn

Zimba wrote: ↑

Tue Feb 05, 2019 4:16 pm

soarifi wrote: ↑

Tue Feb 05, 2019 3:28 pm

Hi All,

I applied for ILR SEt LR via the new system and I have my passport and BRP (BC Spouse dependent category) with me.

My BRP is valid till June 2019, Can anyone tell me if I can travel while my ILR Set LR application in process?

Thanks.

Yes given you have valid BRP and then get readmitted to the UK before expiry, then you should be fine and your application will not be viewed as withdrawn. However if you leave the UK with no valid leave when under section 3C then your application will be viewed as withdrawn

So that means as long you have a valid BRP you can travel even if your application is in process? I read it otherwise in previous threads :-S

This is confusing, can someone help us with a relevant policy document or recent rule to clarify this. Or possibly maybe we can find out from home office.

bizman wrote: ↑

Tue Feb 05, 2019 7:17 pm

This is confusing, can someone help us with a relevant policy document or recent rule to clarify this. Or possibly maybe we can find out from home office.

Yea in my case my BRP is valid till 2020 so that means I can travel outside UK as long as I have my passport and brp with me with new system even if my application is under consideration?
Just clarifying OPs position.

See page 20 to 22 in link below. Having a valid visa does not guarantee anything and you should avoid travelling out of the CTA.

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

My opinion is that you should avoid any complications by not travelling despite having valid leave on your brp. It’s just wise to avoid complications

CR001 wrote: ↑

Tue Feb 05, 2019 7:24 pm

See page 20 to 22 in link below. Having a valid visa does not guarantee anything and you should avoid travelling out of the CTA.

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

I was of a similar opinion. However, Zimbas comment got me confused.

Page 21:

“If a person whose passport has been returned to them travels outside the CTA you must treat their application as withdrawn.
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”

How about when you have received your ILR acceptance letter from HO and just waiting for the new BRP. Whilst waiting can you travel on the old valid BRP?

soarifi wrote: ↑

Fri Feb 08, 2019 10:24 am

How about when you have received your ILR acceptance letter from HO and just waiting for the new BRP. Whilst waiting can you travel on the old valid BRP?

Your 'old' BRP gets superseded/cancelled by the grant of ILR and ILR BRP. You should wait for your ILR BRP before travelling.

Once application is approved, then you don’t have any problem travelling however honestly I don’t see any reason you will not wait for the BRP to arrive to prevent complications