Traveling out of CTA on second passport

[HayleyM]

Thought I would share this to help others that are concerned about traveling on a second passport when your application decision is pending...

I travelled on an emergency passport out of the CTA. My Tier 2 visa application (general extension) is pending and all documents are with the Home Office. I obtained an emergency passport from the US embassy for travel to the US.

After doing research and reading different forums on here I found conflicting results and was uncertain if I could legally travel out of the CTA area. I was hoping my visa would arrive when I was away and I had arranged for someone to overnight it to me. However, this did not happen. Initially I was worried that my application would be withdrawn but according to the below information they cannot withdrawal your application.

You must not treat an application as withdrawn if the person:
• does not request the return of their passport and instead travels outside the
CTA on another passport, an emergency travel document or illegally
• requests the return of their passport for purposes other than travel (or for travel
within the CTA) – for example to open a bank account, take the Life in the UK
Test or apply for an identity document not related to travelling outside the CTA

My current visa was still valid (for one more month) therefore, I did not fall under the 3C rule. However, I was a bit concerned that my leave could be cancelled at the border according to the below info. I'm not exactly sure what causes someones leave to be cancelled at the border and I could not find much information on this.

If a person, with an outstanding application, travels outside the CTA, the application
does not give them any right to re-enter the UK to receive a decision on their
application. They are liable to be refused entry, unless:
• they are allowed to re-enter the UK with a different type of leave
• their existing leave has not yet expired and is not cancelled at the border


I arrived at border control in Edinburgh with my emergency passport and all documents to show proof that my application was with the HO. I organised all documents in a folder and included photocopies of my visa/BRP permit, passport, visa application, biometrics letter, pay slips, etc. The immigration officer asked when/if my visa had expired and if I had proof of my current status; he then glanced through my documents. He looked at the photocopy of my visa, took my fingerprints and stamped my passport with the usual immigration stamp that has the BRP permit number written in.

I did not have any problems and was not asked many questions. However, I feel this was mostly due to my current visa still being valid and not being transferred into section 3C. I would not have risked leaving the CTA area if my visa was expired/in section 3C leave as the HO clearly states 'section 3C leave expires when you leave the UK and your application does not give you any right to re-enter the UK for a decision'. As a non-visa national, technically I could have entered the UK as a visitor. However, this is not the truth and legally you cannot have two visas at once therefore, my rights to work would have been cancelled.

[marcnath]

Thanks for sharing.

And I agree with you that it probably was because your current visa was valid.

[CR001]

Thanks for sharing.

And I agree with you that it probably was because your current visa was valid.

And the OP holds a US passport. I doubt a person requiring a visa even get on a plane would be as fortunate, which is the majority of our members.

[HayleyM]

Thanks for sharing.

And I agree with you that it probably was because your current visa was valid.

And the OP holds a US passport. I doubt a person requiring a visa even get on a plane would be as fortunate, which is the majority of our members.

Very true, CR001. However, we are often questioned in the US if we don't have a return ticket back and need to show proof of rights to stay. Thankfully, as a non-visa national and a valid UK visa, I did not have difficulty entering back into the UK.