Re-enter UK after Tier5 YMS visa expired?

[PeatD]

Hi everyone, my Tier 5 YMS visa expires on 04/08/16, however I applied for a Residence Card as the unmarried partner of my Italian partner (who also lives and works in the UK), with payment taken on 26/02/16. The application is still pending and I was wondering if I would be able to travel and re-enter the UK once my visa expires, before getting my residence card? I was hoping to travel early September. Also is there anything specific that I need to do once my visa expires?

I am still employed and have been told that I should have an additional 6 months right to work, once my visa expires, since I have a pending application. So I have provided my case number and details to HR for them to lodge with the Home Office.

I recently came back to London from a holiday in Italy and Border Control questioned me about my plans for after my visa expires. I told them about my application and they basically said "we expect you to leave and although you have a pending application we'll be watching you very closely"! They said to bring all my letters regarding the application if I intended to travel later, but didn't say if I would be allowed or denied re-entry.

If border control are concerned about me leaving the UK, I also have tickets to spend Christmas with my family in Sydney, however they are return tickets. So I sincerely hope my residence card is well and truly approved by then!

Any advice you can share would be most appreciated! Thanks in advance!

[noajthan]

As an unmarried partner you won't get a COA with right to work.

Unlikely you will get back in country easily on the strength of a pending application. Even a COA is not a 'visa'.
First obstacle is to make it onto the plane.

If travelling with sponsor you could wing it at the border but expect stringent questions, stress and delay.

You would do yourself a favour by applying for FP (from outside UK) to ensure easier (re)entry.

[PeatD]

Thanks @noajthan! I was hoping the residence card comes in time, but if I did apply for the FP I don't have any original documents aside from my passport, as the home office already has them. Or will I just need to provide my case reference number?

[noajthan]

Thanks @noajthan! I was hoping the residence card comes in time, but if I did apply for the FP I don't have any original documents aside from my passport, as the home office already has them. Or will I just need to provide my case reference number?

You will probably need more than that.

[PeatD]

You will probably need more than that.

Ok so its not sounding too good for me to make any travel plans between my visa expiring and getting my residence card!

Can you please also advise if theres anything specific I need to do once my Tier 5 YMS Visa expires? I've read somewhere that I will need to leave the country within 90 days of the expiration, but if my residence card is not approved in that time, do I basically need to pack up and leave?

[noajthan]

You will probably need more than that.

Ok so its not sounding too good for me to make any travel plans between my visa expiring and getting my residence card!

Can you please also advise if theres anything specific I need to do once my Tier 5 YMS Visa expires? I've read somewhere that I will need to leave the country within 90 days of the expiration, but if my residence card is not approved in that time, do I basically need to pack up and leave?

If visa expires and RC is approved before that time then all good.

If visa has expired and you have no other basis to be in UK and RC is denied then you will be an overstayer.

[PeatD]

If visa expires and RC is approved before that time then all good.

If visa has expired and you have no other basis to be in UK and RC is denied then you will be an overstayer.

Thanks @noajthan - if RC is denied, my partner and I have discussed getting married - but what would be needed then? I do realise its not an automatic right to stay etc if we do get married, but i can't work out what I would specifically need to apply for - I'd imagine it would be something for both EU and UK immigration? But essentially I'd still be an overstayer, married or not?

[noajthan]

If visa expires and RC is approved before that time then all good.

If visa has expired and you have no other basis to be in UK and RC is denied then you will be an overstayer.

Thanks @noajthan - if RC is denied, my partner and I have discussed getting married - but what would be needed then? I do realise its not an automatic right to stay etc if we do get married, but i can't work out what I would specifically need to apply for - I'd imagine it would be something for both EU and UK immigration? But essentially I'd still be an overstayer, married or not?

If you're going to get married don't wait to become an overstayer.

Regarding...

Something old,
something new,
something borrowed,
something blue

- do not use an expired visa for "old".

That gives HO/UKVI heavies the option of arresting and detaining you even on your wedding day;
even if you pass the registrar interviews and get a permission to marry after the extended 70 days notice period.

If married to a Union citizen (qualiified person) you become a direct family member and would shoot for EEA (FM).
And a COA with confirmation of right to work is much more likely (if not guaranteed) in the meantime.

[PeatD]

Thanks for the advice @noajthan. Lots of food for thought here!