Travelling while ILR is being processed

[ajcalabr]

My ILR application is being processed by postal method and the home office has my non EU passport. I need to travel outside the UK urgently.

I am also a citizen of another EU country . Can I travel using my EU passport without invalidating my ILR application? I have never used this passport to travel to and from UK before as it was just issued in January 2012.

Thought would be greatfully received.

[peppekalle]

I don't think it would cause any problem at all.

[VN]

I don't think it would cause any problem at all.

OK, confused here.
I asked the same question on this forum, and I was advised I can't travel, as this would jeopardise my application

[ajcalabr]

The home office website is silent in respect of travelling on another passport. It only says if you need your passport to travel whilst your ILR application is being processed then you have to withdraw your application and upon such withdrawal your application becomes invalid.

[VN]

Please have a look at this topic
http://www.immigrationboards.com/viewto ... ht=#590284
the answer from the moderator is at the bottom

[peppekalle]

I don't think it would cause any problem at all.

OK, confused here.
I asked the same question on this forum, and I was advised I can't travel, as this would jeopardise my application

ajcalabr will be travelling on another eu passport.

[VN]

by the way, both of the emails I received from HO (before posting the question on this forum) confirmed the same. But since they told me straight, without giving reference to a rule or sth, and I still had my doubts, I posted the question here. The info received from vinny seems to confirm the same. unfortunately

[VN]

I don't think it would cause any problem at all.

OK, confused here.
I asked the same question on this forum, and I was advised I can't travel, as this would jeopardise my application

ajcalabr will be travelling on another eu passport.

well, that was exactly the question I asked. I have another EU passport, but apparently I can't travel on it, while my case is decided. Even if I applied for ILR on a different non-EU passport.

[VN]

these are the emails I received from HO

1. The UK Border Agency recommends that you remain the United Kingdom (UK) while your application is being processed.
However, you are permitted to leave and re-enter the United Kingdom while your ILR application is at the UK Border Agency
Please note that UK Border Agency staff based at ports of entry decide whether to grant entry to a person arriving into the United Kingdom through the immigration control at the time of arrival, on a case by case basis. We cannot advise on a case in advance of that arrival.

I found the answer not really clear, as though they are saying yes, you can travel, but we don't want to guarantee you anything. So I re-sent my question, and that's the second reply I got:

2. Dear Madam,
Thank you for your enquiry.
As previously advised by my colleague, the UK Border Agency staff based at ports of entry decide whether to grant entry to a person arriving into the United Kingdom through the immigration control at the time of arrival, on a case by case basis. We cannot advise on a case in advance of that arrival.
If you submit an application for indefinite leave to remain on the basis of a HSMP on your Moldavian nationality, any travel outside the UK on your Romanian passport will lead to the application being withdrawn under the Immigration Rules.
I hope that this information will be of assistance to you.

I also spoke to my friend, she is an airline representative. She said that the border agency doesn't have any info on if you've applied or no, so I shouldn't worry and travel if I need. But then, when I checked with an immigration solicitor over the phone, he basically confirmed that should the HO find out that you travelled out and back into UK, they can withdraw the application under Immigration Rules. I think that is exactly what the info provided by vinny says.

So it all depends if you want to risk or not, I guess

[peppekalle]

It seems i could be wrong don't travel wait for your documents to be processed.

I just don't understand why my friend traveled last year whilst their ilr was yet to be processed with no issues when she came back.

[VN]

I think it's a matter of luck. That's why it's a risk, which you may decide to take or not.
It may be all OK, but if you are unlucky, your passport is checked by someone who knows a bit more about the legislation and even though they let you in, he or she may check with HO regarding your previous status & and then HO effectively becomes aware of you travelling, and may decide to withdraw your application.

I really don't want to take this route, as that would be a disaster, after what we've gone through to get ILR. However, if we don't get our passports back and the situation is that we HAVE TO travel, because of my father in law health, then I assume my husband won't care about consequences and we will have to take the risk. I pray this doesn't happen, and we are not put in a situation where we HAVE TO do it, because then it means that the news we get is much worse than the one that we haven't got the ILR

[ajcalabr]

Thanks for everybody's input. Given I have a valid EU passport I wouldn't have thought (unless I am deemed a risk to national security etc) that I would be denied entry back into the UK. This is surely the main issue for people waiting for their ILR application to be approved? Denial of such entry would also breach various EU directives in respect of free movement of EU nationals.

There would be no reason why an immigration official at Heathrow would enquire if I had another passport of which was being held by the Home Office for ILR processing purposes. The question is whether at the port of UK entry the Home Office systems would flag up that my other passport is being held with the Home office. Do the systems speak or put the port official on notice that I am a citizen of another country? I would have thought this was highly unlikely?

That said and given the Home Office's lack of clear guidance on this issue, I agree that there is certainly a substantial risk that travelling whilst an ILR application is being processed could invalidate such application.

[ajcalabr]

VN -

34J is specific to applicants wanting to travel using the passport they have used for the ILR application.

The legislation does not say that exiting and entering the UK via a valid means (ie using another valid EU passport) will invalidate the ILR application. That said, there wouldn't be too many candidates falling into this category as they wouldn't need to apply for ILR given their EU national status. I am doing this so I can attain British citizenship in the future.

[VN]

VN -

34J is specific to applicants wanting to travel using the passport they have used for the ILR application.

The legislation does not say that exiting and entering the UK via a valid means (ie using another valid EU passport) will invalidate the ILR application. That said, there wouldn't be too many candidates falling into this category as they wouldn't need to apply for ILR given their EU national status. I am doing this so I can attain British citizenship in the future.

34J is obvious, but what about 3C(3)?

what also confused me is that in one of the emails received from HO, they confirmed they can withdraw the application under Immigration Rules, should they found out they I left UK and then came back, and I was told the same thing by an immigration solicitor.

Frankly speaking, I still have my doubts about it, as logically it shouldn't be this way. What's the point for me to be restricted from travelling if I have other EU passport and how exactly my application would benefit from me being stuck in the country for 6 months or so

I also don't know if when I hand my EU passport, the BA system would flag that I previously entered on other non-EU passport and if they raise any questions about it with HO.
My friend who's an airline representative, said that BA staff at the port don't link two and two together, but the immigration solicitor said completely the opposite. I guess he should know better, but still, I think there is a loophole in the system, thus so many debates about the subject

[ajcalabr]

Clause 3(C)3 states that "leave extended by virtue of this section (i.e. Continuation of leave pending variation decision) shall lapse if the applicant leaves the United Kingdom".

My view is that although it is clear that Clause 3(C)3 states that you cannot leave the UK whilst your ILR application is being decided, I think this section was intended to be read inconjunction with Clause 34J (Withdrawn applications or claims for leave to remain in the United Kingdom) which states "Where a person whose application or claim for leave to remain is being considered requests the return of his passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn as soon as the passport is returned in response to that request."

Given the above, I don’t think the intention was ever to stop a dual non-EU/EU citizen from travelling outside of the UK using their EU passport nor should this be a reason to invalidate their current ILR application using their non-EU passport currently being held by the Home Office. The literature that I have read on this issue points to potential difficulties of being allowed to re enter the UK by the UK Border Agency. I can understand this would be an issue if:

your passport was being held by the Home Office and you had requested it back before your application had been finalised; and/or
you had obtained a duplicate passport (without the UK entry stamp) from your country of original.

Given I have a current EU passport, then I will have no issues re-entering the UK. I don’t think there are many ILR applicants in our position which probably explains why the information on the Home Office website is not clear on this point. That said, given the uncertainty it is probably not worth taking the risk, unless you are prepared to spend vasts amounts of legal fees testing the matter in the event the Home Office withdraws your application.

[VN]

Clause 3(C)3 states that "leave extended by virtue of this section (i.e. Continuation of leave pending variation decision) shall lapse if the applicant leaves the United Kingdom".

My view is that although it is clear that Clause 3(C)3 states that you cannot leave the UK whilst your ILR application is being decided, I think this section was intended to be read inconjunction with Clause 34J (Withdrawn applications or claims for leave to remain in the United Kingdom) which states "Where a person whose application or claim for leave to remain is being considered requests the return of his passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn as soon as the passport is returned in response to that request."

Given the above, I don’t think the intention was ever to stop a dual non-EU/EU citizen from travelling outside of the UK using their EU passport nor should this be a reason to invalidate their current ILR application using their non-EU passport currently being held by the Home Office. The literature that I have read on this issue points to potential difficulties of being allowed to re enter the UK by the UK Border Agency. I can understand this would be an issue if:

your passport was being held by the Home Office and you had requested it back before your application had been finalised; and/or
you had obtained a duplicate passport (without the UK entry stamp) from your country of original.

Given I have a current EU passport, then I will have no issues re-entering the UK. I don’t think there are many ILR applicants in our position which probably explains why the information on the Home Office website is not clear on this point. That said, given the uncertainty it is probably not worth taking the risk, unless you are prepared to spend vasts amounts of legal fees testing the matter in the event the Home Office withdraws your application.

ajcalabr, I couldn't agree more with all the above said!

[chagrin]

Registered just to comment on this thread to hopefully save anyone else the pain that my family and I are going through right now.

Do NOT travel while your ILR application is being processed! You are likely to be denied re-entry under clause 3(C)3, which will almost certainly cause your ILR application to be withdrawn.

I have lived and worked in the UK for 5 years; my partner and I have had two children here. We had made arrangements for a holiday several months before making our ILR application, thinking that it was sure to be approved before the actual trip. We were going to meet family who hadn't yet met our kids in person.

As we got closer to our trip, we became increasingly nervous. I did a bit of research to see whether it would be possible to travel on secondary documents and it seemed like there was no specific rule saying you couldn't (this thread was one of a few that seemed to confirm this). We got secondary passports from the US consulate here in Edinburgh and went on our trip.

Upon re-entry, passport control confiscated our passports and gave us a temporary permission to enter, but without the ability to work. This dragged on for about 3 weeks, until yesterday, when I was called back to the airport for an interview to decide my status (there's a limited amount of time you can be on this temporary status and it was clear that the Home Office would not make a ruling before this time expired). I was told that we are being denied entry to the UK and we are being removed in a week's time.

I have a solicitor on this who is trying to get the Home Office to expedite our ILR application in the hopes that it can be approved and we can return. However, it's likely that yesterday's decision will cause the application to be withdrawn. But, we don't know for certain and we have no idea of knowing when we will know.

So we basically have no choice but to return to the US and pack up our flat as if we can never return. We are a family of 4, with a 3-year-old and an 11-month old and we have a week to relocate.

So if you're searching the web to see if it's OK to travel while your ILR application is being processed, please save yourselves. DO NOT TRAVEL.

[ouflak1]

We had made arrangements for a holiday several months before making our ILR application, thinking that it was sure to be approved before the actual trip. We were going to meet family who hadn't yet met our kids in person.

I would emphasize this part. Do not ever assume that your application will somehow be resolved in any particular time period. Even if you have a PEO appointment, I'd give myself a generous amount of leeway just in case. There are several tragic cases on this website, of people making plans on the assumption that their visa, in particular their ILR for some reason, will be approved especially quickly and efficiently. The time periods given on the website are guidelines, not absolutes that they force themselves to adhere to. I've had an application (wife's dependent) take exactly, to the day, the maximum period suggested on the website to be determined (positively fortunately), despite its obviously straightforward nature.

If you are going for ILR, plan nothing that might be seen as abandoning your application until you have your passport with those stamps in your hands. Then you have the rest of your life to get married (yes a marriage has apparently even fallen apart over this sort of thing, if you believe the internet), get that promotion due to a prestigious business trip, have the family meet the kids, or subject to whatever cultural traditions are dragging you back to your home country.

[Bbn]

Hi all,
Hopefully you pick this up, since I'm posting a response two years after this has been discussed. I have a friend who has applied for ILR in September 2014. Still no response from HO. She applied for a temporary passport to travel home for Christmas and received a 2 month leave to stay when she returned to the UK. The immigration officer said to contact the HO about the status of her ILR application because it may now be withdrawn. She thought it was only withdrawn if she travelled on her original passport. It seemed unclear if the immigration officer told the HO she had travelled. Is it worth the risk to leave it and wait to hear back from the HO, hoping they didn't know she travelled or is it better for her to contact them, confirm whether or not they have withdrawn her application, and make another ILR application whilst she has valid leave to remain from this immigration officer? Of course this might be the safer option, but will leave her another £1100 worse off!
Has anyone travelled on a different passport whilst their ILR application was being processed and still gained ILR from the HO?
Thanks for your help.