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Travel outside the common travel area while awaiting EUSS decision
Posted: Wed Mar 03, 2021 6:22 pm
by AnTa
Hey everyone,
I am a non-EU citizen who's currently in the UK on a tier 4 visa that is going to expire on the 30/03/2021. I entered in a civil-partnership with my SO on 14/12/2020, and have applied under the EU settlment scheme for pre-setteled status (my SO already has pre-settled status). I got my biometrics done on the 14/01/2021, and received the CoA on the 21/01/2021. I have a couple of questions,
1- The decision seems to understandably be taking too long, will I be concidered an overstayer after the 30/03/2021 ?
2- I will need to travel outside the common travel area during this month for very urgent fiancial and professional reasons. What would happen when I do ? Will my application to the EUSS be withdrawn ?
Thank you for any input!
Re: Travel outside the common travel area while awaiting EUSS decision
Posted: Thu Mar 04, 2021 9:49 am
by kamoe
AnTa wrote: ↑Wed Mar 03, 2021 6:22 pm
1- The decision seems to understandably be taking too long, will I be concidered an overstayer after the 30/03/2021 ?
No, but this is only because you are the civil partner of your SO. Were you unmarried partners, it would be a different story. See
this post.
2- I will need to travel outside the common travel area during this month for very urgent fiancial and professional reasons. What would happen when I do ? Will my application to the EUSS be withdrawn ?
It will not. It is a common misconception because other type of visas do get withdrawn, but it is not true for the EUSS. You can travel with no impact on your application. See page 43 of the
EU Settlement Scheme Caseworker guidance.
Travel outside the Common Travel Area
An application made under Appendix EU will not be treated as automatically withdrawn if the applicant travels outside the Common Travel Area before the application has been decided.
Re: Travel outside the common travel area while awaiting EUSS decision
Posted: Thu Mar 04, 2021 7:09 pm
by AnTa
Thank you for taking the time to respond !
So I can wait for the decision from outside of the CTA and once/if the pre-setteled status is granted the BRP will be shipped to my SO's adress (I will leave him with an authorisation letter ?) he will then receive it on my behalf and bring it to me (outside the CTA) so that I can use it to enter the UK. Does that make sense to you ? Is this possible ?
Thanks again!
Re: Travel outside the common travel area while awaiting EUSS decision
Posted: Thu Mar 04, 2021 7:10 pm
by AnTa
kamoe wrote: ↑Thu Mar 04, 2021 9:49 am
AnTa wrote: ↑Wed Mar 03, 2021 6:22 pm
1- The decision seems to understandably be taking too long, will I be concidered an overstayer after the 30/03/2021 ?
No, but this is only because you are the civil partner of your SO. Were you unmarried partners, it would be a different story. See
this post.
2- I will need to travel outside the common travel area during this month for very urgent fiancial and professional reasons. What would happen when I do ? Will my application to the EUSS be withdrawn ?
It will not. It is a common misconception because other type of visas do get withdrawn, but it is not true for the EUSS. You can travel with no impact on your application. See page 43 of the
EU Settlement Scheme Caseworker guidance.
Travel outside the Common Travel Area
An application made under Appendix EU will not be treated as automatically withdrawn if the applicant travels outside the Common Travel Area before the application has been decided.
Thank you for taking the time to respond !
So I can wait for the decision from outside of the CTA and once/if the pre-setteled status is granted the BRP will be shipped to my SO's adress (I will leave him with an authorisation letter ?) he will then receive it on my behalf and bring it to me (outside the CTA) so that I can use it to enter the UK. Does that make sense to you ? Is this possible ?
Thanks again!