hksar and BNO Question

[barryfu]

dear all
can i ask if i used hksar passport enter to uk but now the passport has been keepping in homeoffice for visa and i want to go back to hongkong this summer , so can i use BNO go back to Hongkong then back to uk. as i got 2 passports at the same time?

thank you very much

[JAJ]

Leaving the United Kingdom may constitute abandonment of whatever application you had pending. Depends on circumstances.

[RobinLondon]

JAJ, is that true?

The reason I ask is that like the original poster, I have two passports as well: Canada and US. My Canadian passport is now with the Home Office for postal processing for ILR on the basis on UK Ancestry.

However I now need to go to Switzerland this Thursday for a same-day trip. After ringing the immigration officers at Heathrow, they told me that I may travel and re-enter the UK on my US passport as long as I have a copy of my Canadian passport (photo and visa page) and the acknowledgment letter of receipt of my ILR application sent to me by the UKBA. I said that I had all that, and they said that everything would then be fine.

So I'm just curious. It seems like the immigration officers don't mind. Would you please clarify the circumstances under which an existing application would be deemed abandoned? I could see how that would be the case for single passport holders who actually request their passport back. But for dual passport holders, it seems to be okay to travel during the processing provided that they carry proper documentation.

Thanks.

[JAJ]

I said "may constitute" not necessarily "will constitute".

It is a question for a good immigration solicitor to commit an answer in writing. In many countries, an "in-country" application is abandoned by departure but there are exceptions.

[RobinLondon]

Fair enough. I do appreciate your getting back to me.

I know that's the case with the US in many circumstances. Namely that an application is considered abandoned if the applicant leaves during processing. Whether that's the same with the UK, I don't know for sure. At this point I can only go on what I've been informed by Heathrow immigration.

[barryfu]

so is that mean i can use my other passport travel to from hk?

[JAJ]

so is that mean i can use my other passport travel to from hk?

It means you need to consult with a good immigration solicitor.