Leaving and re-entering the UK near FLR app time

[corum99]

Hi,

My wife's father is dying of cancer and she is keen to make an emergency visit to the Philippines to see him before he passes. The problem is her BRP expires at the end of March and we are due to submit her application for FLR in early March.

Is she OK to leave and return to the UK this close to the renewal date? Does she need to be back in the UK by the date on which we submit her FLR application?

Thanks.

[vinny]

Does she need to be back in the UK by the date on which we submit her FLR application?

An applicant applying for Further Leave to Remain should be in the UK when applying, else the application may be undecided indefinitely.

Applications made from outside the UK

A person can make an application to vary their continuing leave from outside the UK. Paragraph 33A of the Immigration Rules confirms this. Although such an application can be made from abroad, paragraph 33A is clear that the Secretary of State is not obliged to consider such an application. However, if the applicant leaves the UK with extant leave, makes an application to extend that leave from abroad before their leave expires, they transition onto Section 3C leave and will have 3C leave indefinitely if we do not decide the application.

This is interesting. The last sentence seems to conflict with Section 3C(3)?

(3)Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

Moreover, if Section 3C was still active, then could she enter the UK on it? Would the airlines let her board?

[sam550]

Hi,

My wife's father is dying of cancer and she is keen to make an emergency visit to the Philippines to see him before he passes. The problem is her BRP expires at the end of March and we are due to submit her application for FLR in early March.

Is she OK to leave and return to the UK this close to the renewal date? Does she need to be back in the UK by the date on which we submit her FLR application?

Thanks.

She will be ok,, my FLR leave expired in July and I visited China and Hong Kong in June, they only asked purpose of visit that's it.

[corum99]

Ok thank you both. Based on what you have said (which confirms what I had thought) we will ensure that if she does decide to travel, she is back in the UK by February when we submit the FLR app.

[sam550]

Definitely back before visa expires and give herself enough time to prepare for documents because it can be really hectic, finding all the last 30 months correspondence, also if you need any further help with Visa Ext please do not hesitate to contact on this forum.

Good luck

[bathanza]

Hi,

My wife's father is dying of cancer and she is keen to make an emergency visit to the Philippines to see him before he passes. The problem is her BRP expires at the end of March and we are due to submit her application for FLR in early March.

Is she OK to leave and return to the UK this close to the renewal date? Does she need to be back in the UK by the date on which we submit her FLR application?

Thanks.

First of all, so sorry to hear about your father in law. It's always difficult to cope when so far away.

Not to worry about travelling before expiring of her visa, the only thing you must do is ensure that 1) she returns to the UK before the UK visa expires and 2) that your documents are all in order. May I recommend the premium 1-day service to extend her stay for peace of mind if you can afford this. It will save the months of waiting for paperwork and decision.

[corum99]

Just to update. My wife's father sadly passed away last weekend.
She called the Home Office Helpline and they indicated that she can re-enter the UK as long as her BRP hasn't expired, although I gather she must also have at least 6 months left on her passport.
So she is away now for the funeral, returning near the end of the month and then we will apply for FLR the following week.

[CR001]

Just to update. My wife's father sadly passed away last weekend.
She called the Home Office Helpline and they indicated that she can re-enter the UK as long as her BRP hasn't expired, although I gather she must also have at least 6 months left on her passport.
So she is away now for the funeral, returning near the end of the month and then we will apply for FLR the following week.

There is no x months validity requirement for passports.

[corum99]

[/quote]
There is no x months validity requirement for passports.
[/quote]

Thanks for that, I just spoke with the wife on the phone and your right the 6 months requirement wasn't mentioned by the Home Office but a friend. If i'd known I wouldn't have quoted it.