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Going Home for Xmas (or not for people in limbo)

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XmasHoliday
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Joined: Wed Nov 25, 2020 11:26 am
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Going Home for Xmas (or not for people in limbo)

Post by XmasHoliday » Wed Nov 25, 2020 11:47 am

Can I check my understanding with the community please?

FLR(M) extension applied for back Aug, Biometrics via app early Sep (BRP end date End of Aug) - bog-standard application, Married 6 years to UK Citizen, UK Child, easily meet all the requirements

I have read the thread on timelines so am informed of the delays.

so question

Has home office issued any guidance to people in Limbo (submitted application but Covid delayed) if they can exit the UK and return on an expired BRP.

Or is this just a big NO, if you go out in limbo you cant return until BRP processed?

Or what would happen if you turned up at UK border with an expired BRP with full UK child citizen in hand?

I welcome your thoughts

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Going Home for Xmas (or not for people in limbo)

Post by secret.simon » Wed Nov 25, 2020 2:27 pm

As I understand it, if an immigration application is in progress (i.e. not yet granted) and the applicant leaves the UK, the application is automatically considered withdrawn. So you will not get a BRP if you left the UK.

To return, you would have to start all over with an entry clearance in the appropriate category.

But wait for others to advise further.

Keep in mind that if your BRP has expired, the airlines will likely not allow you to board the plane back to the UK, UK citizen child in hand or not. So you will not be able to get to the UK border to argue/discuss your situation with a Border Force official.

I would suggest cancelling the Xmas holiday plans.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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