Can I leave the UK with pending PR application?

[newrat]

I am a non EEA spouse of an EEA national with a pending PR application at the Home Office (submitted early Dec 2019). I have a flight booked next weekend to Denmark (21 Feb - 23 Feb). I have already requested and received passports back. However, it just dawned on me that they also have my current valid UK residency document (Immigration Status Document | Residence card of a family member of an EEA national). I need this this to reenter the UK. I was just about to request it back, but on the final page of the online form, you have to agree to the terms, including:

if I am the main applicant or another applicant and I am subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my travel document for identity purposes I understand that if I use those documents to travel outside the UK, Republic of Ireland, Channel Islands and Isle of Man my application may be refused, voided or withdrawn and the fee will not be refunded. I may also be unable to re-enter the UK;

What is this? Am I not allowed to leave the country until my PR has been decided? I did some searching, some sources saying my application will be cancelled if I leave the country, others saying it's fine. Please help!

[lisa193]

I am a non EEA spouse of an EEA national with a pending PR application at the Home Office (submitted early Dec 2019). I have a flight booked next weekend to Denmark (21 Feb - 23 Feb). I have already requested and received passports back. However, it just dawned on me that they also have my current valid UK residency document (Immigration Status Document | Residence card of a family member of an EEA national). I need this this to reenter the UK. I was just about to request it back, but on the final page of the online form, you have to agree to the terms, including:

if I am the main applicant or another applicant and I am subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my travel document for identity purposes I understand that if I use those documents to travel outside the UK, Republic of Ireland, Channel Islands and Isle of Man my application may be refused, voided or withdrawn and the fee will not be refunded. I may also be unable to re-enter the UK;

What is this? Am I not allowed to leave the country until my PR has been decided? I did some searching, some sources saying my application will be cancelled if I leave the country, others saying it's fine. Please help!

I am not an expert but have read quite a bit and my understanding is that any partner application other than EU settlement scheme one has to be waited out in the UK as they will cancel it the moment you cross the border.

Having said that, i think you should just give them a call - they are not too hard to reach on the phone. If they say you CAN travel, i would try to get a written confirmation of that as well. Just to be on the safe side.

[Richard W]

But you are a "family member of an EEA national", so the paragraph you quoted does not apply to you.

[newrat]

But you are a "family member of an EEA national", so the paragraph you quoted does not apply to you.

I think it does. I was also confused by the wording but I think it means it applies if you are:

• not settled

• EEA national

• family member of EEA national

The 'not' only refers to settled. It's the most logical interpretation I think.

[newrat]

Having said that, i think you should just give them a call - they are not too hard to reach on the phone. If they say you CAN travel, i would try to get a written confirmation of that as well. Just to be on the safe side.

Thanks for your advice. I called them. The lady said that wording is mostly for visas so it should be fine but she can't make any guarantees and it's my decision whether to travel or not. She did say it 99.9% wouldn't be an issue but wasn't willing to go 100% or put it in writing. So now I really don't know what to do. Is it worth the risk...?

[lisa193]

Having said that, i think you should just give them a call - they are not too hard to reach on the phone. If they say you CAN travel, i would try to get a written confirmation of that as well. Just to be on the safe side.

Thanks for your advice. I called them. The lady said that wording is mostly for visas so it should be fine but she can't make any guarantees and it's my decision whether to travel or not. She did say it 99.9% wouldn't be an issue but wasn't willing to go 100% or put it in writing. So now I really don't know what to do. Is it worth the risk...?

Now, this is ridiculous. It should be a hard rule, right? If there is a written contact form you could fill out/ email them - that's what I would do to get a written answer.

Good luck!

[Richard W]

But you are a "family member of an EEA national", so the paragraph you quoted does not apply to you.

I think it does. I was also confused by the wording but I think it means it applies if you are:

• not settled

• EEA national

• family member of EEA national

The 'not' only refers to settled. It's the most logical interpretation I think.

Try googling 'subject to immigration control'. You will find that it does not include EEA nationals and their family members if they benefit from the EEA Regulations. However, I can't find a statement that those who are settled are not subject to immigration control.

[newrat]

Try googling 'subject to immigration control'. You will find that it does not include EEA nationals and their family members if they benefit from the EEA Regulations. However, I can't find a statement that those who are settled are not subject to immigration control.

Very good point. I googled as you suggested and you're quite right. I kind of overlooked this, but also we all know that EEA nationals are not subject to immigration control so this has to mean that family members are also part of that same category. The wording is not helpful though.

[newrat]

Just wanted to give an update on this for future googlers. I called the Home Office a couple more times and asked the same question. I was told that it is indeed fine to travel and that the wording I quoted above is primarily for ILR not PR.

They said they do try to dissuade people from travel because in case they need to contact you for further information and you do not respond in time, then the application will be cancelled. But travelling itself is not an automatic cancellation (as it is in the case of ILR).