Leaving U.K. on Temporary Passport whilst?

[QuantGuy]

Hiya,
Is it still true that leaving the U.K. using a temporary U.S. passport whilst a Tier 1 application is being processed will invalidate the application? Anyone tried this?

[geriatrix]

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.

[Greenie]

How do you propose to re enter the UK without your tier 1 visa/entry clearance? When does your visa/leave expire?

[geriatrix]

See also Travelling on 2nd US Passport?

[QuantGuy]

I submitted my Tier 1 application about three weeks ago thinking that it would take 4 weeks to get processed. My bad for believing the website: "75% of applications are processed within 4 weeks." My original application was processed by the L.A. Consulate in about 2 weeks. According to the U.S. Embassy, I can get a temporary passport that will let me enter the U.S. (I have all the documents they need for that). So, I'm wondering if I can re-enter the U.K. on the temporary passport without invalidating my already submitted Tier 1 application.

@Sushmehta, or anyone else that knows:
What is CTA an acronym for?

Thanks!

[geriatrix]

CTA - Common Travel Area

So, I'm wondering if I can re-enter the U.K. on the temporary passport without invalidating my already submitted Tier 1 application.

How do you intend to do so without evidence of leave to enter / remain in the UK?

Click on the link in my second response in the topic and read through.

[PaperPusher]

CTA stands for Common Travel Area.

Please also see this in the guidance quoted above.

There is no legislation that prevents a person making a valid application for leave when they are outside the UK. You must not treat such 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.

[/quote]

[QuantGuy]

I have my acknowledgment letter stating that my application for leave to remain has been received. I haven't received the biometrics letter yet. I also have a photocopy of my original Tier 1 Visa which expires on June 26, 2012. So, that's still good.

[QuantGuy]

A bit more detail:
I'm wanting to travel this coming week - before my current Tier 1 Visa expires.

A few months back, my wife and I went to Paris for the weekend and I forgot to bring my old passport that had my Tier 1 Visa in it. I had gotten a new passport (since my old passport had expired), which I brought to France with me. When we re-entered the U.K., we had to wait while they checked up on my Visa status. After about 15 minutes, the border officer came back and let us re-enter after a bit of a scolding for leaving the old passport behind.

So, I don't understand why leaving the country on a temporary passport whilst my Tier 1 visa is still good would invalidate my application.

I don't need to get my passport back as I can get a temporary one from the U.S. Embassy.

Comments?

Thanks for the help

[Greenie]

When do you plan on leaving and returning?

[QuantGuy]

I plan on leaving this coming Wed and arriving back in London on the morning of the following Wed. My current Tier 1 Visa expires June 26, 2012 so I'm traveling whilst it is still valid.

[geriatrix]

Travelling on a temporary passport will not invalidate your under-process PBS application.

Whether you will be let in, like last time, after a bit of scolding or refused because it seen as recurring trend of travelling without necessary documentation or will be let in as a visitor (being a non-visa national), is anyone's guess. You won't know for sure unless you try it.

[QuantGuy]

@ Sushdmehta:
Cool. Thanks for the info.

Do you, or anyone know, if the border control system keeps track of things like entering without the Visa document as I did upon my return?

It seems to me that if I explain my circumstance and provide a photocopy of my valid Tier 1 Visa and the acknowledgement letter that they shouldn't have any problem letting me in. Anyone see this differently?

I can definitely see being seriously hassled if I was trying to re-enter after my original Tier 1 had expired and before I have received the new one. How would the border guard know that I wasn't trying to sneak in after being rejected? That makes sense. But, being denied entry while the original Visa is still valid just doesn't makes sense. Any further comments?

[QuantGuy]

So, just an update for people who may want to travel whilst their visa application is under review:
I spent about 6 hours getting an emergency passport at the US Embassy in London. I learned that US passport photos are larger than the UK photo you submit with the application. So, that cost me about 45 minutes to exit the embassy, get a photo taken at a pharmacy and re-enter the embassy. I had to write and sign a document explaining why I needed an Emergency Passport (lots of people were there getting Emergency passports due to theft from cars or hotel rooms or muggings. Be careful!!). The U.S. Embassy told me that after I got my passport back from the Home Office, I had to send my Emergency Passport back to the U.S. Embassy as you're not allowed to have two passports. They even gave me a self-addressed envelope for the passport.
When leaving the U.K. I had the airline question why I had an emergency passport and the US immigration official also question it. I explained the situation and it was no problem.
When I re-entered the U.K. (which was before my Tier 1 Visa expired), I told the UK border agent what the situation was and handed him a photocopy of my Tier 1 Visa and the acknowledgement letter from the Home office of receipt of the application. He stamped my passport and handwrote what looks like "VIPr." above the stamp. Anyone know what that could mean? He did NOT stamp it with "Leave to enter for six months: employment and recourse to public funds prohibited" - the usual tourist stamp above the Heathrow immigration stamp. So, that was all good.
I asked the immigration guy about leaving and entering after my visa had expired but before I get my new visa, he said "check with the home office." I get the sense that it would NOT be a problem as long as you honestly explain the situation and have the acknowledgment letter, etc. As I had to recently renew my contract with my employer, they ran a check (through the "Employer Checking Service") with the home office that I had indeed submitted my application. The letter says "Therefore I can confirm that this individual is currently entitled to stay and work in the United Kingdom on the basis of an outstanding application for leave to remain in the United Kingdom." Seems requesting a letter like this should clear up an problems upon re-entry.
It seems that the Tier 1 Visa is independent of the passport. The passport with my visa had expired and I didn't have it transferred. So, whenever traveling I bring both passports. I am very skeptical that the computer systems between the application people in Croyden and the border agency are linked so that they would know if someone left and re-entered. I am also doubtful that the computer systems are able to link people to different passports. I could be completely wrong though.
Hope this is helpful to people.

[Jambo]

What he Hand wrote is VIPP which stands for Visa In Previous Passport.

[punx4life]

So, just an update for people who may want to travel whilst their visa application is under review:
I spent about 6 hours getting an emergency passport at the US Embassy in London. I learned that US passport photos are larger than the UK photo you submit with the application. So, that cost me about 45 minutes to exit the embassy, get a photo taken at a pharmacy and re-enter the embassy. I had to write and sign a document explaining why I needed an Emergency Passport (lots of people were there getting Emergency passports due to theft from cars or hotel rooms or muggings. Be careful!!). The U.S. Embassy told me that after I got my passport back from the Home Office, I had to send my Emergency Passport back to the U.S. Embassy as you're not allowed to have two passports. They even gave me a self-addressed envelope for the passport.
When leaving the U.K. I had the airline question why I had an emergency passport and the US immigration official also question it. I explained the situation and it was no problem.
When I re-entered the U.K. (which was before my Tier 1 Visa expired), I told the UK border agent what the situation was and handed him a photocopy of my Tier 1 Visa and the acknowledgement letter from the Home office of receipt of the application. He stamped my passport and handwrote what looks like "VIPr." above the stamp. Anyone know what that could mean? He did NOT stamp it with "Leave to enter for six months: employment and recourse to public funds prohibited" - the usual tourist stamp above the Heathrow immigration stamp. So, that was all good.
I asked the immigration guy about leaving and entering after my visa had expired but before I get my new visa, he said "check with the home office." I get the sense that it would NOT be a problem as long as you honestly explain the situation and have the acknowledgment letter, etc. As I had to recently renew my contract with my employer, they ran a check (through the "Employer Checking Service") with the home office that I had indeed submitted my application. The letter says "Therefore I can confirm that this individual is currently entitled to stay and work in the United Kingdom on the basis of an outstanding application for leave to remain in the United Kingdom." Seems requesting a letter like this should clear up an problems upon re-entry.
It seems that the Tier 1 Visa is independent of the passport. The passport with my visa had expired and I didn't have it transferred. So, whenever traveling I bring both passports. I am very skeptical that the computer systems between the application people in Croyden and the border agency are linked so that they would know if someone left and re-entered. I am also doubtful that the computer systems are able to link people to different passports. I could be completely wrong though.
Hope this is helpful to people.

@QuantGuy Sorry if this is impertinent, but I went through your posts on this forum and your accounts seem to be contradictory. You said in this post that entry clearance was fine for you when you left on your emergency passport..... BUT on a more recent post you talk about being rejected entry.

Which is it?

I am considering taking out an emergency passport while my Tier 1 is being processed, so I would very much appreciate an authentic account.

[QuantGuy]

Hi, I'm happy to answer your question:
I got an Emergency Passport from the US Embassy in London whilst my Tier 1 Renewal Application was being processed. I traveled without incident on two occasions while my application was being processed. I had a letter from the UKBA stating that my application had been received and would be processed. This satisfied the officials when I entered the UK on these two occasions. However, on the third time I tried to enter the country, I was not allowed in because my application was denied on Sept 3, 2012 and I tried to enter the country on Sept 6, 2012. I believe had either the UKBA taken 3 more days to process my application or had I tried to enter prior to Sept 3, I don't believe I would have had any problem. I was obviously wrong speculating that the Immigration systems and UKBA processing systems not being linked. They clearly are! So, after finding an attorney willing to help me and spending several thousand pounds, the UKBA got "slapped down" on numerous occasions (filing an appeal to my appeal after the due date, being chastised for not issuing my renewal in the first place, etc) and my renewal was issued. Oh... It also took almost 8 months for my case to grind through the system. My advice is that you are taking some risk leaving the country whilst your application is being processed. I would have an immigration attorney lined up before leaving (I was told I should NOT have been refused entry by my attorney) and I would NOT travel close to when a decision is expected. Oh... I would also hire an Immigration Attorney to process the application (since I successfully completed the initial Tier 1 application myself, I thought I would have no problems with the renewal!). To complete the story, my application was denied on the grounds that I had not adequately demonstrated my earnings. The issue was that as a contractor I had setup a limited company. The wage slips and dividend vouchers prepared by my accountant did not match exactly the actual cash transfers from my limited company bank account to my personal bank account. However, no matter how the transfers were sliced and diced, I had CLEARLY demonstrated that I had earned the amount I claimed. In other words, the UKBA does not understand accrual accounting. The judge in my case chastised the UKBA for not contacting me for clarification and for rejecting the renewal application when I had clearly earned the amount I was claiming.
I hope this helps!