Travel 1 month before Tier 2 G expires

[uniriri]

Hi All,

I am currently on a Tier 2 General visa which expires on the 1st of September 2014. I have been in the country for almost 12 years and so I am planning to apply for ILR - 10 year before the expiry of my Tier 2 visa. However, having heard stories and read the forums here, I know that the ILR application will take at least 6 months (if I am lucky). Therefore, I am planning to travel and visit my family for Eid before I apply for the visa (from 25th of July - 12th of August). I am aiming to have all my application forms, paperwork and test results all sorted before my holiday, come back on the 12th of august (3 weeks before end of Tier 2 visa) and pretty much go to the post office to post the ILR application as soon as I can.

My questions are:

1) Will I encounter trouble at the airport? Can they legally NOT let me in the country?

2) Have they made any amendments/changes to section 3C of the immigration act?
To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is
"treated as continuing".

which I take to mean that while they are processing my ILR, I am free (and legal) to go about my business (go to work, etc, etc) as if my leave to remain status is that of a Tier 2 General.


Many thanks!

[uniriri]

hi!

anyone's got any answers/clarifications please?

thank you

[moonlight55]

1) No. You can enter as long as your current visa is valid.

2) Your assumption is correct. Of course, you cannot travel outside UK during this period since your passports will not be with you.

[uniriri]

thank you moonlight55! I am well aware that the process takes months (as you can only apply for ILR (10 years) via post) hence why I am planning to travel before I submit my application.

My brain says 'of course I can enter as long as I have a visa' but my gut's all worried

thanks again!