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Can you travel outside the UK after submitting a visa application?
28/08/2019
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A frequent question we are asked by our clients and enquirers here at White Rose Visas is whether it is possible for them to travel outside of the UK after they have submitted a visa application from within the country.
The short answer to this question is no, except if you are applying for citizenship.
Why you should not travel outside of the UK whilst waiting for a decision on your visa application
Under the UKVCAS system which was introduced in November 2018, applicants are now able to keep their passports whilst waiting for a decision on their settlement application.
Even though applicants are able to keep their passports, you should never leave the UK or travel overseas before you have received your decision.
If you travel whilst waiting for a decision, your application will be treated as withdrawn. This rule can be found in paragraph 34K of the current immigration rules:
34K. Where proof of identity provided under paragraph 34(5) has been returned to the applicant pending a decision on their application for leave to remain and the applicant travels outside the common travel area their application for leave to remain shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.
This is the same for all UKVCAS applications, such as extensions or switches related to Tier 2, Tier 4 or Innovator visas among many others. If you are going through the UKVCAS process, you should not plan to travel outside of the country until you have received your decision.
If you have travelled and your application has been withdrawn, then you will have no legal right to re-enter the UK and make another application. You will be therefore be refused entry into the UK unless you have made another immigration application before returning.
If this happens to those switching from working visas you could also break any continuous time spent in the UK that would have contributed towards your settlement. This can delay your eligibility for indefinite leave to remain by 5-10 years.
Decisions on UKVCAS applications typically take 8 weeks, though applications for settlement can take up to 6 months. For those in need of a quicker decision, there is a Super Priority service option where decisions can be made in 24 hours.
If you are intending to travel in the decision-making period, you should apply for the Super Priority service to ensure you have received a decision on your visa before leaving the country. The fee for Super Priority is £610, and if the decision takes longer than 24 hours you are able to request a refund.
We cannot stress enough that if you are applying for a visa through UKVCAS, do not leave the UK until you have your decision letter in your hand.
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Are there any UKVCAS applications where I am allowed to travel whilst awaiting my decision?
There is one notable exception to the above rule.
If you are applying for UK citizenship, you are allowed to leave and re-enter the UK whilst a decision is being made.
This is because citizenship applications are subject to different legislation.
The typical waiting period for a decision on citizenship is 6 months, so applicants will be relieved to know that they are able to travel in that time with no repercussions on their citizenship application.
Citizenship is the only in-country application process where this is allowed. If you are applying for any other visa from within the UK, please do not travel until a decision has been made.
If you have left the UK and had your application withdrawn, please contact us directly and our immigration advisers will be able to personally assess your situation.
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