Travelling for death emergency when visa application in process

[kalven]

Hello

My friend’s father passed away in India today. His UK tier 2 visa expiring today but his visa extensions application is under process. Is it ok to travel now and will he have any problem when returning back to UK. Please advise

[CR001]

If he leaves the uk, his application will be considered withdrawn and he loses the fees. He won't be able to return to the uk if his visa has expired and will have to apply again for an entry clearance visa from his home country.

[kalven]

Thank you. Sorry if am asking again. Just another check.

Is there no other process that could let him travel during emergency?

[CR001]

No there isn't. If he leaves his pending application will be withdrawn.

He could request expediting his pending application with document evidence of emergency etc, but it could take a while and no guarantee.

When did he apply for his extension?

[kalven]

He applied 15 days ago.

[CR001]

When did he submit biometrics?

Did he apply standard process?

[secret.simon]

Is there no other process that could let him travel during emergency?

To add to what CR001 has already mentioned, Immigration Rule 34K is automatic and not at caseworker discretion.

34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.

If he were to leave, his extension application would be considered withdrawn and he'd need to start an entry clearance visa from his country of habitual residence outside the UK. His Skilled Worker ILR clock would also likely reset to zero.

And it is not impossible that (depending on the terms of his employment), his job in the UK may come to an end as it may be conditional on his having a Skilled Worker visa, which will have come to an end by his leaving the UK/CTA. Obviously that has nothing to do with the Immigration Rules, but with the terms of his employment contract, but that is something to check further.