Re-entry while application is proceeded

[MrBelyash]

Hello

I have valid until 2014 Tier 2 ICT dependant visa. I am going to apply for Tier 1 Entrepreneur visa soon. I have to apply outside of the UK and keep my passport with me (there is such service in the foreign embassy). As far as I understood my current visa will not be void until I get new one. The question is -- Am I allowed to re-enter to the UK whilst my application is considered and wait for the decision in the UK?

[Mr Rusty]

If you are in the UK with your passport, how can it be endorsed with an Entry Clearance back in your own country? You can't sit in the UK and wait for permission to enter the UK from abroad, it just doesn't happen.

I don't know where you get the idea from that you are given back your passport before the application is decided - I'm sure if the ECO knew that you were intending to return to the UK under your current conditions he would treat any new application as withdrawn. Under the Immigration Rules applications for FLR are treated as withdrawn if the applicant requests return of his passport, and I can see no reason why EC applications shouldn't be regarded in the same way. Either apply for the new EC abroad and wait for the decision, or apply for FLR within the UK.

[MrBelyash]

If you are in the UK with your passport, how can it be endorsed with an Entry Clearance back in your own country? You can't sit in the UK and wait for permission to enter the UK from abroad, it just doesn't happen.

I don't know where you get the idea from that you are given back your passport before the application is decided - I'm sure if the ECO knew that you were intending to return to the UK under your current conditions he would treat any new application as withdrawn. Under the Immigration Rules applications for FLR are treated as withdrawn if the applicant requests return of his passport, and I can see no reason why EC applications shouldn't be regarded in the same way. Either apply for the new EC abroad and wait for the decision, or apply for FLR within the UK.

There is special service called Submission without passport http://www.ukvac-ru.com/additionalservice.html#7 . So it is possible to apply and have a passport with you absolutely legally. That's why I am asking

[Mr Rusty]

If you are in the UK with your passport, how can it be endorsed with an Entry Clearance back in your own country? You can't sit in the UK and wait for permission to enter the UK from abroad, it just doesn't happen.

I don't know where you get the idea from that you are given back your passport before the application is decided - I'm sure if the ECO knew that you were intending to return to the UK under your current conditions he would treat any new application as withdrawn. Under the Immigration Rules applications for FLR are treated as withdrawn if the applicant requests return of his passport, and I can see no reason why EC applications shouldn't be regarded in the same way. Either apply for the new EC abroad and wait for the decision, or apply for FLR within the UK.

There is special service called Submission without passport http://www.ukvac-ru.com/additionalservice.html#7 . So it is possible to apply and have a passport with you absolutely legally. That's why I am asking

Thanks for that info, I hadn't seen it before. It's obviously a local arrangement as I have just re-checked the instructions in the country where I live, and it says this:-
If you need to collect your passport before a visa decision has been made, your visa application will be withdrawn. Please note that the visa fee is non-refundable, and if you would like to reapply for a visa you will need to lodge another application, submit your biometric data, and pay the visa fee once again.
I would say that there would be nothing to disqualify you from returning to the UK under your current conditions because you wouldn't yet have a visa for anything else. However, you should return to your country to re-submit your passport if/when you are notified that your new application has been successful. I'm pretty sure that's what the office considering your application would tell you, but why not ask them?

[MrBelyash]

There is special service called Submission without passport http://www.ukvac-ru.com/additionalservice.html#7 . So it is possible to apply and have a passport with you absolutely legally. That's why I am asking

Thanks for that info, I hadn't seen it before. It's obviously a local arrangement as I have just re-checked the instructions in the country where I live, and it says this:-
If you need to collect your passport before a visa decision has been made, your visa application will be withdrawn. Please note that the visa fee is non-refundable, and if you would like to reapply for a visa you will need to lodge another application, submit your biometric data, and pay the visa fee once again.
I would say that there would be nothing to disqualify you from returning to the UK under your current conditions because you wouldn't yet have a visa for anything else. However, you should return to your country to re-submit your passport if/when you are notified that your new application has been successful. I'm pretty sure that's what the office considering your application would tell you, but why not ask them?

Thanks for you answer.

So, I am able to re-enter to the UK, am I?

I've sent a request to UKBA and awaiting for reply. Hope someone will reply to me soon.