Dual national travelling while application is under process

[profusion]

Hello

I am a dual national about to apply to switch to Tier 1 (Entrepreneur). I understand the processing time can take up to 6 months (if not longer), which is quite outrageous in my view, however I need to be home before Christmas for family obligations. Both my nationalities are non-visa nationalities, so I can enter the UK on either of them without a visa as a Standard Visitor.

According to https://www.gov.uk/government/uploads/s ... n-v1.0.pdf:

You must not treat an application as withdrawn if the person:
• does not request the return of their passport and instead travels outside the
CTA on another passport, an emergency travel document or illegally

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

Based on these points, I am of the understanding that I am able to leave the UK on my 2nd passport while my application is being processed and re-enter when the application is decided, without having the application withdrawn because:

• 1. I am not asking for my 1st passport back;
  2. I am allowed to re-enter the UK on my 2nd passport without a visa, being a non-visa national.

Does anyone have similar experience or see any flaws in this plan? The only complication I can think of is that they may stamp me as a visitor and I would have to collect my documents / BRP, leave the UK, and then re-enter officially as a Tier 1 (Entrepreneur) migrant, but a quick return trip to Paris or Amsterdam is no big deal.

Any advice would be most appreciated.

[marcnath]

Couple of flaws.

1. What visa are you on now. There are very strict limitations on which visa you can switch to T1E within the country.
2. You left out the second bullet point "their existing leave has not yet expired and is not cancelled at the border"
You cannot have two types of entry clearance at the same time. For example, if you had a valid Tier 1 Visa, went out and when you are back, instead of the Tier 1 Visa, you entered as a visitor (let's say by accident), you Tier 1 visa would no longer be valid. I would think that extends to your case. When you re-enter as a visitor (even if it is a non-visa entry), your current visa would effectively be cancelled at the border.

There is always the possibility that the immigration office on entry does not realise you have the other visa or may miss the requirement to cancel your existing visa, but you are taking your chances on that.

You may want to take professional advice, but I am reasonably confident of the interpretation.

[profusion]

Thanks marcnath for the quick reply and information.

1. I am on a Tier 1 (Graduate Entrepreneur) visa, so switching in country would be allowed. (But perhaps I am better off applying abroad where applications are processed in weeks!)
2. My interpretation of the bullet points is that only one of the two conditions needs to be met rather than both. Usually when a conjunction of requirements needs to be met, it is (or should be) made explicitly clear, for example with the use of the word "and". For example, in the set of bullet points above the one you referenced, the events are clearly mutually exclusive:

You must not treat an application as withdrawn if the person:
• does not request the return of their passport and instead travels outside the
CTA on another passport, an emergency travel document or illegally
• requests the return of their passport for purposes other than travel (or for travel
within the CTA) – for example to open a bank account, take the Life in the UK
Test or apply for an identity document not related to travelling outside the CTA

That is, it is not possible to request and not request your passport, i.e. you have to do one or the other. I followed the same logic in the next set of bullet points, which is why I had not included the second one. But presupposing that both bullet points have to be met, it does not make sense to decouple entering with a different type of leave and entering with the same leave, i.e. you do one or the other. I could be wrong, but I am trying to interpret these rules as logically as possible.

Your point about not being allowed two types of leave simultaneously is an interesting one. The rules seem to imply that it is possible to re-enter the UK to receive a decision on the application with the use of the word unless:

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:

Is what you are saying that entering as a visitor would terminate any other leave that one might have? This rule I have not seen before; do you know where I can get more information?

In the meantime, I will seek professional advice from my solicitor. Ideally, I can get a decision before December and will not have to go through this hassle.

Thanks!

[marcnath]

The rules seem to imply that it is possible to re-enter the UK to receive a decision on the application with the use of the word unless:

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:

I may have mixed up the thinking there. Ignore the rationale there, but the conclusion would remain the same.

The way I would interpret it is in couple of different sections:

1) 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. ==> This means, you cannot land up at the immigration and enter on the basis of your outstanding application.
2) They are liable to be refused entry, unless:... ==> The 1st condition is very clear - it means your "form of leave" changes, automatically cancelling your T1(GE) visa. The 2nd condition would allow you to maintain the status if your T1(GE) had not yet expired when you come in. However, the IO would still be within his/her rights to cancel your T1(GE) since you entering on the basis of your other passport.

Is what you are saying that entering as a visitor would terminate any other leave that one might have? This rule I have not seen before; do you know where I can get more information?

1st paragraph at this page - https://www.gov.uk/government/publicati ... eave-ecb22

[profusion]

I see what you're saying. I don't mind my T1 (GE) being cancelled - it's expiring soon anyway, nor would I mind entering as a visitor to collect my BRP, spend a weekend in Paris, and then re-enter as a T1 (Entrepreneur) with my BRP.

The extant leave rules seem problematic though and thanks for bringing it to my attention. Hypothetically, if I left the UK now without making an application, returned before my visa expires but entered as a tourist (e.g. if I lost my BRP abroad), would my T1 (GE) be revoked and my status relegated to a Standard Visitor because one cannot be a Standard Visitor (even as a non-visa national) and a T1 visa holder at the same time?

[marcnath]

I see what you're saying. I don't mind my T1 (GE) being cancelled - it's expiring soon anyway, nor would I mind entering as a visitor to collect my BRP, spend a weekend in Paris, and then re-enter as a T1 (Entrepreneur) with my BRP.

Not that simple. If your T1GE is cancelled your application is invalid as that is the reason why you could apply in country. It may not happen but I think UKVI will be within their rights to curtail any visa granted on that basis.

The extant leave rules seem problematic though and thanks for bringing it to my attention. Hypothetically, if I left the UK now without making an application, returned before my visa expires but entered as a tourist (e.g. if I lost my BRP abroad), would my T1 (GE) be revoked and my status relegated to a Standard Visitor because one cannot be a Standard Visitor (even as a non-visa national) and a T1 visa holder at the same time?

Yes and that is the example I laid out in my first reply.

If you absolutely need to travel during your application process you are better off applying from outside.
Alternatively you can apply now. Though it says up to six months if you do your application in order and make a note of you need to get it before December you probably will. As a worst case you could potentially travel in Dec and submit a new application from outside (which I think will be a variation) - but get professional advice in that

[profusion]

Got it. What you're saying seems to corroborate with what all the rules.

Based on this new information, I will apply today. My application is relatively strong (according to my solicitor), so it will most likely get decided before December. In the worst case if I don't hear back from then, I can withdraw my current application and apply abroad for leave to enter (I qualify for the 200K requirement). The main loss I would see here is the application fee, which is not that big of a deal.

Thanks marcnath for all the help.

[marcnath]

Got it. What you're saying seems to corroborate with what all the rules.

Based on this new information, I will apply today. My application is relatively strong (according to my solicitor), so it will most likely get decided before December. In the worst case if I don't hear back from then, I can withdraw my current application and apply abroad for leave to enter (I qualify for the 200K requirement). The main loss I would see here is the application fee, which is not that big of a deal.

Thanks marcnath for all the help.

You are welcome and good luck !