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Travel whilst waiting for a decision

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Toxic
Junior Member
Posts: 98
Joined: Mon Jul 27, 2020 12:46 pm
Pakistan

Travel whilst waiting for a decision

Post by Toxic » Fri Feb 19, 2021 6:51 pm

Hi,

Is the person allowed to travel whilst waiting for a spouse extension decision? It is urgent travel.

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CR001
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Posts: 87852
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Travel whilst waiting for a decision

Post by CR001 » Fri Feb 19, 2021 6:52 pm

No, your application will be considered withdrawn if you travel out of the UK and you lose your fees paid
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Toxic
Junior Member
Posts: 98
Joined: Mon Jul 27, 2020 12:46 pm
Pakistan

Re: Travel whilst waiting for a decision

Post by Toxic » Fri Feb 19, 2021 6:56 pm

CR001 wrote:
Fri Feb 19, 2021 6:52 pm
No, your application will be considered withdrawn if you travel out of the UK and you lose your fees paid
Thanks for your reply.
Is there no such thing as emergency travel? or any way to go out of the country without affecting your application?

secret.simon
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Posts: 11214
Joined: Thu Feb 21, 2013 9:29 pm

Re: Travel whilst waiting for a decision

Post by secret.simon » Fri Feb 19, 2021 7:27 pm

To the best of my knowledge, the withdrawal is triggered automatically by operation of the law (i.e. that is not something that a Home Office caseworker can change or grant an exemption from) by the fact that the applicant left the UK.

The applicant can reapply for an entry visa and restart the immigration journey from zero if they still wish to return to the UK.
Immigration Rules part 1: leave to enter or stay in the UK wrote:34J. The proof of identity provided under paragraph 34(5), or any other application for leave to remain, will be returned to the applicant whilst their application is being considered, unless the Secretary of State considers it necessary to retain it.

Where the Secretary of State has retained an applicant’s proof of identity and the applicant requests the return of their proof of identity for the purpose of travel outside the common travel area, the application shall, provided it has not already been determined, be treated as withdrawn on the date that request is received by the Home Office.

34K. Where proof of identity provided under paragraph 34(5), or any other application for leave to remain, has been returned to the applicant pending a decision on their application for permission to stay and the applicant travels outside the common travel area their application shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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