Recently, the UK visa (including Indefinite Leave to Remain) application process has been changed online and the applicants can keep their passport and BRP cards card while waiting for the visa application to be decided. There have been a lot of enquiries regarding the impact of travel outside while waiting for a visa decision on a pending application.
Can I travel outside the UK while waiting for the visa application decision?
As you make a visa application outside the UK, you must submit your passport, you cannot travel to another country throughout the process. Under the new immigration application system, if you apply for further leave to remain or settlement in the UK, you will be able to keep your passport. The decision may take weeks or months and with our passport in hand, you may have personal or business reason to consider leaving the UK before receiving the result of your application.
What happens if I travel abroad while the application is pending?
If the applicants travel abroad outside the Common Travel Area (CTA), including the United Kingdom, Ireland, Channel Islands and Isle of Man, before a decision is made for the leave to remain and settlement application, the UKVI withdraws the application in accordance with a paragraph 34K of the Immigration Rules.
Although the new application process has eliminated the returning the passport to the applicant, this does not mean that the passport can be used to travel abroad. If you apply for a visa or settlement in the UK and travel abroad, the application will be treated as withdrawn on the date of leave from the UK.
What are the consequences of withdrawn of pending application if I travel overseas?
Travel to the UK (and the Republic of Ireland, Channel Island, and Isle of Man) is possible using your passport while waiting for a decision. However, if you leave the UK, you will not have any outstanding application to be decided.
If you applied for further leave to remain or settlement before your current leave expired and you’ve left the UK, your legal status is no longer eligible on the date when you left the UK.
If you applied prior to the expiry of your previous leave and still your leave is valid when you leave the UK, your current leave will still be valid when you come back to the UK, however, your new visa application will be withdrawn.
If the visa application is withdrawn, the Immigration Health Surcharge will be refunded, but you cannot receive refund of the visa application fee.
Can I re-enter the UK to receive a decision for pending application?
If you submit an immigration application and travel outside the CTA, you cannot re-enter the UK to receive a decision on your outstanding application. As the pending visa application is treated as withdrawn, you are allowed to enter the country either with your existing leave that has yet expired or with your new type of visa.
Under the new visa application system, even if you can keep your passport, it does not mean that you are allowed to travel outside the UK. Therefore, we strongly advise you not to leave the UK without the decision in hand.