Immigration rule 34J & 34K: Travel abroad between naturalisation application at UKVCAS and decision

[dsquare23]

Hi Board members and moderators

Apologies if this topic is already answered elsewhere and I have not been able to find it.

I applied for naturalisation with Online + UKVCAS process and have retained my identity document (Passport) and BRP after the application submission at UKVCAS.

I have not received a decision yet and I am looking to travel for 2 days in one of the EU countries. On this topic, I have read in this thread (british-citizenship/travelling-after-su ... 73889.html) “If you apply via the UKVCAS, you will keep your original documents (Passport, BRP, etc) and you are free to travel.
NO requirement to be in the UK” a comment from one of the respected moderator.

However, I am confused with the details given in the UK immigration rules under paragraph 34J and 34K (Specifically 34K) as it appears that the application may be treated as withdrawn if the applicant travels abroad while the decision is still pending.

Below are rules paragraph 34J and 34K for reference from https://www.gov.uk/guidance/immigration ... -in-the-uk.

[34J. The proof of identity provided under paragraph 34(5) will be returned to the applicant whilst their application is being considered unless the Secretary of State considers it necessary to retain it. Where the Secretary of State has retained an applicant’s proof of identity and the applicant requests the return of their passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn on the date that request is received by the Home Office.

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common travel area their application for leave to remain shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.]

Can any respected members or moderators help to clarify this confusion?

Kind regards.

[CR001]

[34J. The proof of identity provided under paragraph 34(5) will be returned to the applicant whilst their application is being considered unless the Secretary of State considers it necessary to retain it. Where the Secretary of State has retained an applicant’s proof of identity and the applicant requests the return of their passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn on the date that request is received by the Home Office.

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.]

This applies ONLY to immigration rule applications, ie visa or ILR. Citizenship is NOT an immigration application but a Nationality LAW application with completely different rules.

You are free to travel once you have submitted your naturalisation application.

[dsquare23]

Hi CR001,

Your prompt reply is much appreciated.

I do respect your suggestion. I just wanted to make one request, following your comment I went on to find information for the nationality laws however, I did not get any joy. Is it possible for you to provide a link or document from UKVI or Nationality authorities which can support the above information? Only if it is possible.

I appreciate all your efforts to inform people about any queries. I have always found this forum very helpful.

Kind regards.

[alterhase58]

Your are overthinking this - in my three+ years on this board I have never seen a report that a naturalisation application was cancelled because applicant travelled after submission - I did it myself, travelling out of UK two weeks later. And there are fundamental differences between immigration rules and nationality law. Even if your application was rejected you still keep your ILR status.

[dsquare23]

Hi alterhase58

Many thanks for the reply and suggestions. Much appreciated. I think I should not worry much about this.

Kind regards.

[vinny]

Unfortunately, they may request further information or documents.