Many UK visa applicants are surprised to discover that leaving the UK after submitting their application (further leave to remain / indefinite leave to remain applications) but before receiving a decision from the Home Office can have significant and negative consequences.
This is especially true for those who are already in the UK and wish to extend their visa, switch to another one, or progress to a residence permit or indefinite leave to remain.
Here are some important implications to consider if you leave the UK while your application is pending:
- Visa Applications: Departing the UK may lead to your application being automatically withdrawn. If this happens, you will likely need to reapply from outside the UK, and your initial application may not be considered.
- Right to Re-Enter: Leaving the UK could result in losing your right to re-enter, particularly if your visa or leave to remain is contingent on your pending application.
- Processing Delays: Your absence could delay the processing of your application, and you might miss critical communications or decisions.
- Legal Status: If you leave while your application is pending, you may forfeit your lawful residency rights, especially if your visa has expired. Returning without valid leave could lead to being denied entry or only being permitted to enter as a visitor, resetting any qualification period for indefinite leave to remain. You will also have issues when checking in or boarding a flight when overseas, as check in staff will be obliged to check your UK Immigration status. If your visa has expired , then they will not board you.
Please note that this guideline does not apply to those applying for naturalisation / British Citizenship. Once you have obtained Indefinite Leave to Remain you are free from immigration time restrictions and free to travel if you have a pending British Citizenship application.
To avoid complications, careful planning is essential when submitting your visa application. Apply well in advance of your intended travel dates to allow time for any issues that may arise, such as additional document requests or unexpected delays.
Establishing a timeline and checklist can help you stay on track with important deadlines, such as biometric appointments and payment submissions. A meticulously prepared application demonstrates your commitment to adhering to visa regulations.
Before making any travel plans whilst your application is pending, consulting an immigration lawyer or advisor is highly recommended. Immigration rules can be complex and differ based on specific visa, residency, or work permit criteria and also processing times. An Immigration Lawyer can help you navigate potential challenges or opportunities which you may not have considered.
For expert guidance on your visa or immigration application, reach out to our immigration Lawyers at JPS Immigration Lawyers
