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Travel outside of the UK while waiting for ILR visa approval
Posted: Thu Jan 03, 2019 2:44 pm
by cmm6000
Hello,
I have applied for ILR in November 2018 and am awaiting approval. I am a US citizen married to a British man and have my US passport on me (A certified copy was sent with my application).
I understand that approval can take up to six months. I need to travel to Los Angeles for work in February which is under the six month window. Can I do this without jeapordizing my ILR application?
Thank you!
cmm
Re: Travel outside of the UK while waiting for ILR visa approval
Posted: Thu Jan 03, 2019 7:32 pm
by Meesha
The rule is that if you travel while ur application is under process, ur application will be taken as withdrawn by UKVI and u will lose fee and will have to apply again. I have not seen any exceptions to this rule so far.
Re: Travel outside of the UK while waiting for ILR visa approval
Posted: Thu Jan 03, 2019 8:21 pm
by Xiyun88
It's not advised to travel outside the UK before you get your visa, because then you won't be able to come back to the UK without a valid visa(not sure if your current visa covers the period you travel?).
Re: Travel outside of the UK while waiting for ILR visa approval
Posted: Mon Mar 04, 2019 5:37 pm
by samtel_19
Hello All,
I have a similar situation where I applied for my ILR(LR) via Sopra Steria route on 8th January 2019. I have a valid Tier 2 General BRP valid until March 2020. Now I need to travel for work in April and need to get clarity whether it will have any implication on the current ILR application.
I have reached out to numerous Home Office Agents and Immigration Advisers, each time I have got conflicting response. I have even reached out to UK Border Force to clarify on the new process V/s the Immigration Rules (Paragraph 34-35). It seems that no one is able to give a firm response. I have just written to my MP to intervene and provide some assistance.
Was hoping that someone here could provide guidance.
Thanks,
Re: Travel outside of the UK while waiting for ILR visa approval
Posted: Mon Mar 04, 2019 5:53 pm
by Casa
From the Immigration Rules:
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common travel area their application for leave to remain shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.
https://www.gov.uk/guidance/immigration ... appLTRinUK
The Home Office 'helpline' is outsourced to an agency and calls are handled by staff with very limited knowledge of the Immigration Rules. They are renowned for frequently giving incorrect advice and take no responsibility for the consequences. You're likely to be given a different answer each time you call them, which it appears you have already discovered.
Re: Travel outside of the UK while waiting for ILR visa approval
Posted: Sun Jun 02, 2019 10:28 pm
by ashishgoel
samtel_19 wrote: ↑Mon Mar 04, 2019 5:37 pm
Hello All,
I have a similar situation where I applied for my ILR(LR) via Sopra Steria route on 8th January 2019. I have a valid Tier 2 General BRP valid until March 2020. Now I need to travel for work in April and need to get clarity whether it will have any implication on the current ILR application.
I have reached out to numerous Home Office Agents and Immigration Advisers, each time I have got conflicting response. I have even reached out to UK Border Force to clarify on the new process V/s the Immigration Rules (Paragraph 34-35). It seems that no one is able to give a firm response. I have just written to my MP to intervene and provide some assistance.
Was hoping that someone here could provide guidance.
Thanks,
Hi,
Please could you provide update on your situation? Are you able to travel if your Tier 2 general is valid while ILR is under processing?
Thanks