Tier 1 Visa Travel Restrictions with dual passports

[luca]

I am currently in the UK on a Tier 1 (general) visa which expired in Oct 12.

I have sent my application in for the mandatory 2 yr extension which a Croatian passport which has the current tier 1 visa sticker within.

As I have dual nationality I am also in receipt of a secondary Australian passport not lodged with my visa application.

I was wanting to travel at Xmas time for 2 weeks & am told if I ask for my Croatian passport back my visa application is withdrawn and cancelled. However I was wondering if I could travel with my Australian passport to and from the UK? This way my visa application can still continue under the normal processes. Has anyone encountered this situation before and travelled whilst their tier 1 visa application was still in process?

There would be no problem leaving the UK and when I return to the UK I would just get the usual 6 months travel visa in my Australian passport at the airport? Alternatively once the Australian passport is scanned at the airport will their system records reveal that I have a tier 1 visa application underway in my name already with another nationality (Croatian). I don’t know what the immigration consequences would be in this regard? I know I am required to scan my fingerprints at the airport with my Croatian tier 1 visa but this would not be the case with my Australian passport.

Any advice or tips would be grateful. Thanks

[mulderpf]

You cannot be granted leave to remain in the UK whilst you are not in the UK, so this will void your application.

[luca]

Thanks for the reply, but I would not be asking for "indefinite leave to remain" status under that type of application. My current visa processing at the moment is for the mandatory 2 yr tier 1 (general) visa extension only.

Or have i misunderstood?

[ExpatOregon]

I'm facing a similar situation. I am a US citizen waiting for my Tier 1 General renewal. I applied 2 Nov with a 1 Dec expiry date. I'm traveling home for the holidays using a second passport. A solicitor advised me to travel with:
-a copy of the passport submitted to UKBA
-a copy of my original Visa
-the letter from UKBA acknowledging receipt of my renewal application

I also contacted the Immigration office at London Heathrow today (where I fly-in/out of the UK - 020 8745 4700). The officer I spoke with said this should be fine. She did advise that clearance may take more time as they confirm the validity of my documents.

It might be worth seeing if the same is true for you situation.

Good luck and safe travels.

[luca]

thanks for your reply expatorgeon. Most valuable information but seems to be contrary to an extract I found on the net by a UKBA officer - see the below in italics. Either your solicitor has given wrong information which seems odd or the UKBA information provided is incorrect? Who is one to believe. Perhaps go back to yr solicitor with the below & let us know the outcome.

You could risk voiding your application with travelling on a 2nd passport.

The FLR(M) form is prescribed for those already in the UK who are seeking
leave to remain as a spouse or partner. Where someone submits an FLR(M)
application and subsequently requests their passport back to travel
outside the common travel area, we will treat their application as
withdrawn in accordance with paragraph 34J of the Immigration Rules.

If someone submits an FLR(M) application and subsequently travels outside
the UK on a second passport, before a decision has been taken, the
application is considered void. Section 3 of the Immigration Act 1971
sets out general provisions for regulation and control of immigration. By
virtue of section 3(1)(b) of the 1971 Act, an applicant may only be given
leave to remain when already in the UK. Whilst there is nothing
preventing someone from making an application for leave to remain from
outside the UK, or from leaving the UK whilst such an application is
outstanding, there is no power in law to grant leave to remain to someone
who is not in the UK. The application would be void and no decision would
be required. It may be appropriate to refund the fee in this situation.

You should note that as this is a matter dictated by primary legislation,
it is not an area in which discretion can be exercised.

[Greenie]

See this thread

http://www.immigrationboards.com/viewtopic.php?t=119944

[sb92]

Very interesting, thanks all.

I am also planning to use a second passport to travel abroad as my request to expedite my visa has been declined. It seems surprising that UKBA can match outstanding visa applications to second passports presented at Border Control. I understand how, in legal terms, this voids the application for LTR but don't understand how it works in reality...

Is UKBA obliged to issue a refund if the application is void?

[punx4life]

While most of the advice on this forum seems to follow the travel on emergency passport will withdraw LTR application, I seemed to have stumbled upon this rather contradictory and confusing stance of UKBA:

You must not withdraw an application if the person:
 travels outside the CTA on another passport, an emergency travel document or illegally, unless they also request the return of their passport for travel outside the CTA

Any thoughts?

[punx4life]

The previous quote was from this document dated end of 2012 (page 51)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary