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Travelling Outside UK on a 5-month Visa - Is it Possible?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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kiwi_andrew
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Travelling Outside UK on a 5-month Visa - Is it Possible?

Post by kiwi_andrew » Wed Apr 02, 2014 4:53 pm

I was wondering if anyone has travelled outside the UK (or specifically outside the Common Travel Area of UK, Ireland, Isle of Man, Channel Islands) using a Biometric Residence Permit that was issued for less than six months?

I have been a Tier 2 (General) visa holder for the last two years, although this is about to expire. I am applying for a visa extension (same employer) but, because the new leave to remain/BRP will only be valid for about 5.5 months (from date of issue to expiry), it appears that I won't be able to leave and re-enter the UK during this time. I'd like to go to Germany for a weekend in July but am worried that I'll be refused entry back into the UK.

To clarify, I'm talking about travelling on BRPs that were issued for less than six months, not BRPs that were issued for say two years and have less than six months remaining.

The relevant paragraph of the policy guidance is:
"Para. 226: However, if you do not have entry clearance or you have leave to remain which was granted for less than six months, your leave will lapse if you leave the common travel area."

And in the sponsor guidance:
"Para. 39.23: If a Tier 2 or Tier 5 migrant does not have entry clearance or has been granted leave to remain in the UK for six months or less, their leave will end if they leave the Common Travel Area. They will no longer have valid leave to enter the UK so if they want to return, they must apply again."

Any advice or help would be greatly appreciated.

Andrew

kiwi_andrew
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Posts: 2
Joined: Wed Apr 02, 2014 4:41 pm

Re: Travelling Outside UK on a 5-month Visa - Is it Possible

Post by kiwi_andrew » Wed Apr 23, 2014 7:46 pm

I have received an update on this from UKVI, via my employer. Basically, UKVI have confirmed that if you leave the UK on a visa issued for less than six months then your leave to remain (LTR) will lapse, and you will not automatically be allowed to re-enter the UK. It may be possible for an immigration officer to re-impose LTR at the border but there are no guarantees (a letter from your employer confirming employment may help).

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