Travelling while waiting for EU settlement

[marcoscagliusi90]

Hi all,

My wife joined me last month with the EU settlement scheme visa valid for six months (she is Filipina). She applied for EU settlement (pre-settled) and we've been waiting for over a month now. We plan to travel together outside the UK in March on holiday.

My question is - can she leave the UK while her application is still in process? Her UK visa will still be valid until May 2020, so we're not concerned that she will be entering the UK again. Our concern is that the moment she leaves the UK on holiday (for one week), her application is withdrawn.

We called the EU Settlement call center and said they cannot provide this kind of advisory role.

Thanks a lot!

Marco

[kamoe]

Our concern is that the moment she leaves the UK on holiday (for one week), her application is withdrawn.

As clearly spelled out in the EUSS caseworker guidance, first document from top to bottom, page 29:

Travel outside the Common Travel Area
An application made under Part 1 of Appendix EU will not be treated as automatically withdrawn if the applicant travels outside the Common Travel Area before the application has been decided.

This means, contrary to most other applications, travel while a EU Settlement Scheme application is being decided is not treated as a cause for application withdrawal.

[lisa1933]

Hi all,

My wife joined me last month with the EU settlement scheme visa valid for six months (she is Filipina). She applied for EU settlement (pre-settled) and we've been waiting for over a month now. We plan to travel together outside the UK in March on holiday.

My question is - can she leave the UK while her application is still in process? Her UK visa will still be valid until May 2020, so we're not concerned that she will be entering the UK again. Our concern is that the moment she leaves the UK on holiday (for one week), her application is withdrawn.

We called the EU Settlement call center and said they cannot provide this kind of advisory role.

Thanks a lot!

Marco

That is very odd. When I called them (a month ago), they said it’s okay to travel.

I’ve been outside the UK twice now (while waiting for the decision on my application) and haven’t encountered any issues at all. I am on Tier 4.

[kamoe]

We called the EU Settlement call center and said they cannot provide this kind of advisory role.

That is very odd. When I called them (a month ago), they said it’s okay to travel.

I think what the person who answered the call meant is that they are not in a position to advise on what to do (which is true).

Depends how the question was asked: "Can you tell me if I should travel?" or "Should I travel?" is very different to "WIll my application be automatically withdrawn if I travel". Different question, different answer.

That being said, yes, they could, of course, be helpful and clarify what the official policy is, by simply referring to the guidance as I've done above!