ILR (SET M) made, but can my wife travel outside UK

[JezzrW]

Hello again,

Rather unclear on whether my wife can travel outside the UK, though think the guidance implies she can, according to the Nov 2018 modernised guidance.

Her siituation:

Arrived in UK 13/2/2013 - so over the 5 year rule
Currently has an extended spouse visa till 23/7/2020 (so over a year remaining).
With the new system, we have not had to submit her passport or Residence Permit, so have the documents to travel.

The guidance that applies I think is:

If a person with an outstanding application, travels outside the CTA, the application
does not give them any right to re-enter the UK to receive a decision on their
application. They are liable to be refused entry, unless:
• they are allowed to re-enter the UK with a different type of leave
• their existing leave has not yet expired and is not cancelled at the border
Page 21 of modernised guidance Nov 2018

Your valued guidance please.

Thank you
Jeremy

[CR001]

Leaving the UK will likely cause her Set M application to be withdrawn.

I strongly suggest you wait to hear the outcome before travelling.

[JezzrW]

Thank you. Your wisdom will be followed

We'll wait and see after we get the decision.