TB Test for returning UK resident

Hello,

I had applied for a UK skilled worker visa from outside the UK (India) a couple of weeks back. I got an email today from the UK Decision Making Centre saying my TB certificate is missing and I need to send it within 10 working days to worksponsoreddocumentrequests@homeoffice.gov.uk

However, as per the UK government website (https://www.gov.uk/tb-test-visa), you do not need a TB test if "you’re a returning UK resident and have not been away for more than 2 years".

I am a returning UK resident as I lived in the UK from September 2019 to February 2021 on a Tier-4 visa (and I have indicated this in the application form). It has been only 2 months since I have been away from the UK. According to the rules, I do not need to take a TB test again (as far as I understand). Also, please note that my tier-4 visa expired last week.

I would really appreciate if anyone could advice me on how I should proceed.

Unfortunately, they do not classify you as a Returning resident.

You may be exempt under C39.

C39. Where a person has lawfully been present in a country not mentioned in Appendix T for more than six months and they are applying for entry clearance as in A39 in a country in Appendix T but have not been in that country or any other country mentioned in Appendix T for more than six months immediately before making their application, they will not be required to produce a medical certificate showing they are free from active pulmonary TB. This does not alter the discretionary powers as in paragraph 39 below.

39. The Entry Clearance Officer has the same discretion as an Immigration Officer to refer applicants for entry clearance for medical examination and the same principles will apply to the decision whether or not to issue an entry clearance.

But they do have discretion under 39 to request a test.

A "returning UK resident" means someone with ILR. See paragraph 18 of the immigration rules:

https://www.gov.uk/guidance/immigration ... -in-the-uk

However you appear to meet the separate exception

you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months

VigneshKC wrote: ↑

Thu Apr 08, 2021 12:00 pm

I would really appreciate if anyone could advice me on how I should proceed.

You need to decide what may be more expedient, to argue your case or to have a TB test

Hi, I am currently experiencing the same problem as yours but mine is a bit different since I only applied for a Student Visa instead and I was a Tier4 visa holder from 2017-2020. I did the same as yours to not provide a TB certificate since I thought I would be exempted from it regarding that I have not been away from the UK for more than 2 years and given my previous status as a BRP holder hence making me thinking that I am a returning UK resident. I would like to know the outcome of your visa application and whether or not did you provided the TB Cert when they asked you. If you do, did you get your passport back in order to get tested for TB and then returned it to UKVI to continue processing ur visa application, or did you just get exempted from it after all? Thank you in advance.

Duplicate posting

uk-tier-4-student-visas/tb-certificate- ... 17959.html