The majority of applicants keep their passports while they wait for a decision on their immigration application. What does this mean for international travel while waiting for a decision?
Relatively recent changes to the visa application process from inside the UK mean that the majority of applicants will keep their passports while they wait for a decision. The Home Office will generally only consider it necessary to keep an applicant’s passport where they are either an overstayer or in the UK as a visitor. However, this does not mean it is advisable to travel as this will have serious consequences for your pending application.
If you travel outside the Common Travel Area while your application for limited leave to remain or Indefinite Leave to Remain is being processed, the Home Office will treat your application as withdrawn under Paragraph 34K of the Immigration Rules:
“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to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.”
The Common Travel Area (or ‘CTA’) includes the UK, Republic of Ireland, Channel Islands and Isle of Man.
What does this mean for me?
If you leave the UK before the Home Office make a decision on your visa or settlement application, your application will be automatically treated as withdrawn and you will no longer have a pending visa application.
There are various consequences of this. If you have already provided your biometrics, you will be refunded your Immigration Health Surcharge but you will lose your visa application fee. Perhaps most significantly, unless you have a valid visa or ‘extant leave’ you will need to make an application from overseas before you can re-enter the UK.
The same restriction does not apply to applications to naturalise as a British citizen. In most cases, you will be able to travel and re-enter the UK while you wait for a decision provided you can evidence your immigration status in the UK.
If you have a pending visa application and you need to travel urgently or if you have already left the UK, you should seek advice on your individual circumstances, options and next steps. For expert advice regarding a visa or immigration application, contact us on 01865 770111 or use our online enquiry form on the right of this page.