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Travelling whilst tier 2 extension is being considered

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

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PurpleCow
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Joined: Thu Aug 29, 2013 5:03 pm
Location: Hants

Travelling whilst tier 2 extension is being considered

Post by PurpleCow » Thu Aug 29, 2013 5:19 pm

I had a query for everyone. I am a US citizen and have recently (as of Aug. 23rd) sent in my tier 2 renewal application (general skilled worker; no expedited services). Within about an hour of sending out the application I found out I needed to travel to Norway for 10 weeks. I need to make arrangements for travel by Sept. 23, so I don't anticipate I will obtain my passport back by that time.

I've been trying to come up to a solution to this problem, and noticed that one can get a second US passport (or an emergency passport) from the US embassy in London. However, I just spoke with the UKBA folks at Croydon and they told me that if I travelled whilst my visa is being considered, it would result in my application being withdrawn. However, I'm wondering if this would only be due to my trying to come back into the UK and that there would be no consequence for my visa application simply by leaving the UK.

Since I would be in Norway 10 weeks from the end of September, I imagine my application would be complete at that point. Further, my wife is a dependent on the application and thus would be able to bring me my BRP and original passport once they were returned. Does anyone have experience with doing something like this? How stringent are the requirements for the US embassy to provide a second and/or emergency passport (I have considerable documentation from HR, my immediate supervisor and the professor in Norway I will be working with to support my need to travel). Is the issue with respect to the UK visa application coming back into the UK as opposed to leaving?

Any advice would be most welcome.

PurpleCow
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Posts: 5
Joined: Thu Aug 29, 2013 5:03 pm
Location: Hants

Post by PurpleCow » Thu Aug 29, 2013 5:58 pm

I suppose I should add to this, my visa expires Nov. 31st, so I could most certainly be back in the UK before my current visa expires as long as I can arrange travel accordingly.

PurpleCow
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Posts: 5
Joined: Thu Aug 29, 2013 5:03 pm
Location: Hants

Post by PurpleCow » Thu Aug 29, 2013 11:18 pm

Alright, so I've been doing some searching about this if anyone is curious, and the results are quite ambiguous. I've come across this very interesting document: http://www.ukba.homeoffice.gov.uk/sitec ... edures.pdf

There are two bits that seem to be relevant:

1) "This page tells you what action to take if you receive an application on a specified form from a person who is outside of the UK.
There is no legislation preventing a person making a valid application for leave when they are outside the UK. You must not treat these applications as invalid.
However, there are no powers to grant leave to remain to a person outside the UK. You must consider such an application as void. No decision is required. It may be appropriate to refund an applicant’s fee in this situation. "

Ok...not good but....there is also this:

2) "This page tells you when an application made on a specified form is considered to be withdrawn and the action you must take.

...

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,
or
 requests the return of their passport for purposes other than travel. 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."

This second bit (pg. 51) looks to support the fact that one can travel whilst an application is being considered. The first one seems to imply that one cannot be outside the UK at the time of application, and the second seems to suggest that it is okay to travel whilst an application is being considered....

Any thoughts?

vinny
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Post by vinny » Fri Aug 30, 2013 12:58 am

Seems possible, especially if you return before expiry of leave.
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PurpleCow
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Posts: 5
Joined: Thu Aug 29, 2013 5:03 pm
Location: Hants

Post by PurpleCow » Fri Aug 30, 2013 1:17 am

Thanks, I didn't see those posts when I searched. Very helpful!

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