Traveling out of UK while having 3 Weeks on LTR Expiry

[fawaztaj]

Hi,

I have a valid Leave To Remain (LTR) which expires on the 14/June/2014. I have already booked an appointment with the Croydon PEO for my self and dependents and also paid the required fee. I work for a company that is having its Head Office out side of UK. I'm in need of traveling to the Head Office in the next few days (i.e. on the 10th of May and return on the 14th of May). Basically on my return I will have around 3 weeks remaining to enter the UK on my Leave To Remain.

I haven't got a clear answer from anyone on this. On my inquiries some say don't Travel, others say I can even travel on the 12th and return 13th as long as my visa is valid till the 14th.

On calling the UKVI help-desk they said its up to the Entry Clearance Officer to decide that, but they could not say what the Law states in regards to this matter.

I'm wondering if there is anyone (Senior) who can advise me on my situation, i.e. would it be advisable to travel or should I postpone my Business Trip. I have valid Company references stating my perpose of travel being for work to the head office.

Kindly Advise.

Fawaz

[Dhyeya]

hi

Im in a similar situation. Please can you let me know the information you gathered? Mine is also a business trip and will have 3 weeks before my Tier 1 general visa expires in Jul 2014 and Im going for a PEO apointment end of June.

thanks

[fawaztaj]

Hi Dhyeya,

After consulting a few Immigration Experts, I got was a mixed response to my situation. In fact some Immigration Specialist advised me not to travel, while others advised me tectonically and legally if my Visa Expires on the 14; I'm legally entitled to travel on the 12th and get back on the 13th without any issues.

The reason for the misinformation is the so called Immigration Specialist want to make 350 just trying to scare you and advise you of the worst case scenarios.

After giving a call to the UK Visas & Immigration Phone line, the first lady who answered me advised that legally I have no issue on traveling and getting back, but the final decision lies on the 'Entry Clearance Officer'. Not satisfied with the answer, I called back again on the next day and a nice gentleman from the UKVI advised me that there should be no issues, but to be on the safe side take copies of my appointment and payment slips of the PEO appointment. And further to this I was also advised to carry a official letter from the company stating the purpose of my Business Travel and return dates.

If you are traveling genuinely for business and having been doing so as my self, I don't think you should have any issues, unless you have some ambiguous issue in regards to your travel.

Furher to this, I did send a email to the PEO office and got the following responce from the UKVI:

Dear Sir / Madam

Thank you for your email of 6th May 2014.

Border Force 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.

As it is your intention to apply for ILR, it is advisable you take your email confirming your Premium Service Centre appointment. As well as this you could carry evidence to show you live and work in the UK. The number of days remaining on your visa is not as significant as your intentions and a foreign national will be required to show a valid visa allowing them entry to the UK, for those categories where this is required, along with evidence that they are entering or re-entering for the same purpose.

I hope that this is of some assistance to you.

Yours faithfully

F-- M-----
UK Visas & Immigration

Finally I decided to travel on the 11th and get back on the 14th (i.e. still having 30 days on my Visa). I did take the Appointment Letters, payment Slips, as well a Reference Letter from my work. Upon arrival the entry clearance office only asked me for how long I have been out and processed my entry in less than 2-5 minutes.

I hope the above clarifies the situation and help you in some way. This could be different from case to case, and this is not a definite answer on the issue, I would still advise you to contact the UKVI and ask their advise on your case.

Best regards,

FT

[Dhyeya]

Dear FT

Thank you very much. This definitely clarifies and it is good to know the documents I should carry conservatively.

Kind Regards

[The Station Agent]

It should be fine as long as you are not on visitor status (that expires when you leave and then you are re-considered when you get back). If it's a residence / work visa then it's fine to get back just before it expires. If you have evidence of your appointment that would help ease any concerns the immigration officer might have when you come back.