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Travel Before UKVCAS Appointment

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

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Chris10203040
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Canada

Travel Before UKVCAS Appointment

Post by Chris10203040 » Thu May 23, 2019 1:03 pm

Hi all,

As the title states, I have travel plans before my UKVCAS appointment. I've:

-Paid all fees and booked the appointment today, May 23rd 2019
-Made prior travel plans (a week in Spain) from May 27 to June 2
-Have the actual appointment where I will submit documents on June 8

I'm extending my Tier 2 (General) visa and on the gov.uk website it states:

"You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do."

I previously thought that this would come into effect once I've handed over my passport, at the appointment, but now am unsure as today I've paid all fees for the visa. When does this no-travel period begin - today, or on the June 8 appointment?

Thanks!

Memonzee
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Joined: Mon Nov 18, 2019 1:11 am

Re: Travel Before UKVCAS Appointment

Post by Memonzee » Mon Nov 18, 2019 1:16 am

Hi Chris I am currently in a same situation I have submitted the online application for tier 2 extension while my ukvcas appointment is on dec 3rd and I have to travel before biometrics submission.

Can you please share you experience . Can I travel in this situation and enter UK without any problem.
Thank you

Memonzee
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Posts: 4
Joined: Mon Nov 18, 2019 1:11 am

Re: Travel Before UKVCAS Appointment

Post by Memonzee » Mon Nov 18, 2019 1:22 am

Can any one please guide . Thanks

IvKor
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Joined: Sat Dec 21, 2019 2:56 am

Re: Travel Before UKVCAS Appointment

Post by IvKor » Sat Dec 21, 2019 9:31 am

Any update on this issue?

sah10406
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Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Travel Before UKVCAS Appointment

Post by sah10406 » Sat Dec 21, 2019 10:47 am

Not sure what update you are expecting, but the situation is clear from what the Home Office tells you when you apply:

"You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do."
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Memonzee
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Joined: Mon Nov 18, 2019 1:11 am

Re: Travel Before UKVCAS Appointment

Post by Memonzee » Sat Dec 21, 2019 11:56 am

Just a quick update... If you have submitted your application for tier 2 extension but still waiting for ukvcas biometrics appointment. It is permissible to travel Lin and out of UK using valid brp . However after the attending ukvcas appointment and submitting biometrics your application status changes to decision pending and one must not travel out of UK as suggested by ukvi. Before ukvcas biometrics appointment no problems. I did it my self travelled back home after submitting application and came back couple of days before UK vacs appointment .... No problems at all......Cheers.....

IvKor
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Re: Travel Before UKVCAS Appointment

Post by IvKor » Sat Dec 21, 2019 2:15 pm

sah10406 wrote:
Sat Dec 21, 2019 10:47 am
Not sure what update you are expecting...
I was expecting to hear whether the travelling abroad before attending the UKVCAS appointment affected the application or not.

"When does this no-travel period begin - today, or on the June 8 appointment?"

For example, If I submit and pay for the Tier 2 Dependant extension application today (21 Dec 2019), book a UKVCAS appointment on 25 Jan 2020, travel abroad with a valid BRP tomorrow and return on 23 Jan 2020. Will my Visa application be considered withdrawn or not.

IvKor
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Re: Travel Before UKVCAS Appointment

Post by IvKor » Sat Dec 21, 2019 2:21 pm

Memonzee wrote:
Sat Dec 21, 2019 11:56 am
Just a quick update... If you have submitted your application for tier 2 extension but still waiting for ukvcas biometrics appointment. It is permissible to travel Lin and out of UK using valid brp . However after the attending ukvcas appointment and submitting biometrics your application status changes to decision pending and one must not travel out of UK as suggested by ukvi. Before ukvcas biometrics appointment no problems. I did it my self travelled back home after submitting application and came back couple of days before UK vacs appointment .... No problems at all......Cheers.....
Thanks Memonzee for an update. I am glad such option is possible.

Memonzee
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Re: Travel Before UKVCAS Appointment

Post by Memonzee » Sat Dec 21, 2019 2:34 pm

You can travel before ukvcas appointment. I travelled before ukvcas appointment I was out of UK for a week came back attended the ukvcas appointment and visa application was approved.so yes before ukvcas appointment you can travel but once you have submitted biometrics you shouldn't travel. You will get your visa approved with in few days after biometrics anyway. Hope I answered the question

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Travel Before UKVCAS Appointment

Post by sah10406 » Sat Dec 21, 2019 10:38 pm

Memonzee wrote:
Sat Dec 21, 2019 2:34 pm
You can travel before ukvcas appointment. ... so yes before ukvcas appointment you can travel but once you have submitted biometrics you shouldn't travel.
This is not sounds advice, and is not correct. The immigration rules make no such distinction between travelling before or after doing biometrics. Paragraph 34K says that if you travel outside the Common Travel Area after making the application (at any time), it will be treated as withdrawn:

34K. Where proof of identity provided under paragraph 34(5) has been returned to the applicant pending a decision on their application for leave to remain and the applicant travels outside the common travel area their application for leave to remain shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.

If you have travelled during a pending leave to remain application, but your application was not treated as withdrawn and you were allowed to re-enter on extant leave, that was just good luck for you that the system was not joined up enough to spot that you had travelled. It would not be wise for other people to treat this as carte blanche to travel while they have a pending application.

See also this guidance from three different prestigious immigration lawyers who all say you should never travel with a pending leave to remain application. They all say do not travel at any time. Whether it is before or after biometrics is not relevant.

Third party solicitor weblinks removed by moderator.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Maddi9324
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India

Re: Travel Before UKVCAS Appointment

Post by Maddi9324 » Sun Dec 22, 2019 11:33 am

I would play it safe and not travel as well since technically your application is live as soon as you submit it on the portal and the UKVCAS appointment is just another step in the application process. So travelling now could invalidate your entire application.

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