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Travel when application is pending review

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Truhislo
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Joined: Tue Jun 14, 2016 5:24 pm

Travel when application is pending review

Post by Truhislo » Fri Aug 19, 2016 11:20 am

Hi,

My ILR(Tier-1 route) application was deferred as home office needs additional docs and I have been waiting for decision since 50 days.

I may have to travel to India all of a sudden as my aged parents may need me there. When I called ukvi for the same , they say I would be able to travel giving the reason.
To be prepared , would like to hear personal experience from someone(whose visa application was pending review with HO) has traveled to India without passports and brp in hand and came back to uk? And I hope it was not of much hassle in both uk and Indian airports?

Thanks much

Truhislo
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Posts: 22
Joined: Tue Jun 14, 2016 5:24 pm

Re: Travel abroad when application is pending review

Post by Truhislo » Fri Aug 19, 2016 6:01 pm

Appreciate if someone can take time to answer.

Thanks much

noajthan
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Location: UK

Re: Travel abroad when application is pending review

Post by noajthan » Fri Aug 19, 2016 6:09 pm

Truhislo wrote:Appreciate if someone can take time to answer.

Thanks much
Is this what you hope to do?
traveled to India without passports and brp in hand and came back to uk
Not sure that's going to fly.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Truhislo
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Posts: 22
Joined: Tue Jun 14, 2016 5:24 pm

Re: Travel abroad when application is pending review

Post by Truhislo » Fri Aug 19, 2016 10:54 pm

noajthan wrote:
Truhislo wrote:Appreciate if someone can take time to answer.

Thanks much
Is this what you hope to do?
traveled to India without passports and brp in hand and came back to uk
Not sure that's going to fly.
Really, I am really worried if I cant travel when the passports and brp are with ukba for visa processing?

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Travel when application is pending review

Post by Casa » Fri Aug 19, 2016 10:58 pm

No airline will allow you to board without a valid passport.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Travel abroad when application is pending review

Post by noajthan » Fri Aug 19, 2016 10:59 pm

Truhislo wrote:Really, I am really worried if I cant travel when the passports and brp are with ukba for visa processing?
You need a travel document/proof of identity and proof of UK visa status before you could hope to travel.
You can't travel without them.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Truhislo
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Re: Travel when application is pending review

Post by Truhislo » Sat Aug 20, 2016 11:34 am

ok. Thank you, now I will need to think how do sort this out.

seasky
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Re: Travel when application is pending review

Post by seasky » Sat Aug 20, 2016 4:39 pm

Truhislo wrote:Hi,

My ILR(Tier-1 route) application was deferred as home office needs additional docs and I have been waiting for decision since 50 days.

I may have to travel to India all of a sudden as my aged parents may need me there. When I called ukvi for the same , they say I would be able to travel giving the reason.
To be prepared , would like to hear personal experience from someone(whose visa application was pending review with HO) has traveled to India without passports and brp in hand and came back to uk? And I hope it was not of much hassle in both uk and Indian airports?

Thanks much

seasky
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Posts: 1077
Joined: Sun Nov 13, 2011 10:01 pm
United Kingdom

Re: Travel when application is pending review

Post by seasky » Sat Aug 20, 2016 4:45 pm

Truhislo wrote:Hi,

My ILR(Tier-1 route) application was deferred as home office needs additional docs and I have been waiting for decision since 50 days.

I may have to travel to India all of a sudden as my aged parents may need me there. When I called ukvi for the same , they say I would be able to travel giving the reason.
To be prepared , would like to hear personal experience from someone(whose visa application was pending review with HO) has traveled to India without passports and brp in hand and came back to uk? And I hope it was not of much hassle in both uk and Indian airports?

Thanks much
Truhislo,

There are two mostly distinct issues here:

A. To travel you must have a passport (or a temporary document given in emergencies etc sometimes known as laissez-passer) with proper visas. I have to say it was quite naive (and surprising) of you to think you could travel without a passport. What did you think the airlines would do, accept your word that you really really need to go to India*? Now since your passport is with HO and I assume you don't have another nationality then your options are to ask the passport back from HO which I understand invalidates your visa request (it is like that in other categories, no idea if ILR is the same I am still learning ILR) or get a 2nd Indian Passport (no idea if India does that some countries like USA and UK allow you to have multiple passports for the purpose of travel while getting visa on another ot travel if you have problematic stamps e.g. you visited Israel and going to Iran). You might be able to get a laissez-passer instead. If you had another nationality you could use that passport (visa dependent of course)

B. Even with an alternative PP it is vague if you are allowed to travel while HO is considering your ILR application. Some have said there is a risk that upon return to UK the border dude might just stamp you a tourist visa thus changing your current visa status (no matter what do not lie to the border people). Others have said that at the point your visa is approved (is ILR a visa by definition? no idea on that) there is some rule that you have to be in-country (though knowing timelines of all this you could consider travel that would not clash with that date in high probabilities)

* I did not raise this to berate you, rather if you are that naive about these things then maybe you specifically should not be playing around with your ILR. really.

seasky
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Re: Travel when application is pending review

Post by seasky » Sat Aug 20, 2016 4:59 pm

Casa wrote:
seasky wrote:
Truhislo wrote:Hi,

My ILR(Tier-1 route) application was deferred as home office needs additional docs and I have been waiting for decision since 50 days.

I may have to travel to India all of a sudden as my aged parents may need me there. When I called ukvi for the same , they say I would be able to travel giving the reason.
To be prepared , would like to hear personal experience from someone(whose visa application was pending review with HO) has traveled to India without passports and brp in hand and came back to uk? And I hope it was not of much hassle in both uk and Indian airports?

Thanks much
What was your intention in posting this quote? :?
my intention was not to mess up and actually post the points I was going to make :D

Suggest you remove my first quote, your response and this posting for clarity of this very important thread

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