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Travel Outside UK whilst Visa Extension process is in progress

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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baljikrish1
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Joined: Mon Mar 22, 2021 10:11 am
India

Travel Outside UK whilst Visa Extension process is in progress

Post by baljikrish1 » Sat Aug 12, 2023 12:21 pm

Hi All,

Urgent Query - Asking for some one else

Skilled visa extension is in progress(biometrics submitted) , current visa is valid till 10th September

There seems to be an emergency to travel - Immediately

UKBA clearly states
You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.

Is there any way around ? I suggested to contact an immigration solicitor , they were wondering to travel using current BRP , i advised - it is not right as on return - Border force officials might stop and cancel their visa extension application

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CR001
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Re: Travel Outside UK whilst Visa Extension process is in progress

Post by CR001 » Sat Aug 12, 2023 12:29 pm

Is there any way around ?
No there is not.
I suggested to contact an immigration solicitor , they were wondering to travel using current BRP , i advised - it is not right as on return - Border force officials might stop and cancel their visa extension application
UKVI gets all the advanced passenger information from the airlines. They will know the person has left and application would be considered withdrawn likely before they return. An immigration solicitor cannot help them either, they have no power to influence UKVI.

It is not work the risk.

What is the 'emergency'?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

baljikrish1
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Posts: 29
Joined: Mon Mar 22, 2021 10:11 am
India

Re: Travel Outside UK whilst Visa Extension process is in progress

Post by baljikrish1 » Sat Aug 12, 2023 12:39 pm

Thanks for the reply CR001

I couldnt get to ask the emergency reason.(asked now and waiting for a reply)

Also - I am checking about Cancelling the application , since they have already given biometrics, there is a high chance the fee may not be refunded.

I was wondering , may be they could raise a request to cancel /withdraw the application - travel for emergency reason and come back and re-initiate the extension.. But there are lots of ifs and buts and
cancelling/withdrawing application is online

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CR001
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Re: Travel Outside UK whilst Visa Extension process is in progress

Post by CR001 » Sat Aug 12, 2023 1:06 pm

Also - I am checking about Cancelling the application , since they have already given biometrics, there is a high chance the fee may not be refunded.
They lose their fee if they withdraw or cancel.
I was wondering , may be they could raise a request to cancel /withdraw the application - travel for emergency reason and come back and re-initiate the extension.
It doesn't work like that.

Note that if he withdraws or cancels his application, he will also need to return to the UK before his visa expires to apply for an extension. He will also need a new CoS.
Char (CR001 not Casa)
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vinny
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Re: Travel Outside UK whilst Visa Extension process is in progress

Post by vinny » Sat Aug 12, 2023 3:50 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

baljikrish1
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India

Re: Travel Outside UK whilst Visa Extension process is in progress

Post by baljikrish1 » Mon Aug 14, 2023 11:02 am

CR001 wrote:
Sat Aug 12, 2023 1:06 pm
Also - I am checking about Cancelling the application , since they have already given biometrics, there is a high chance the fee may not be refunded.
They lose their fee if they withdraw or cancel.
I was wondering , may be they could raise a request to cancel /withdraw the application - travel for emergency reason and come back and re-initiate the extension.
It doesn't work like that.

Note that if he withdraws or cancels his application, he will also need to return to the UK before his visa expires to apply for an extension. He will also need a new CoS.
Thanks a lot for your reply.. I have shared the same to him.

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