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Are we not allowed to travel while we are waiting for Bio?

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niteshj
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Posts: 104
Joined: Wed Feb 18, 2009 11:25 am

Are we not allowed to travel while we are waiting for Bio?

Post by niteshj » Tue Apr 03, 2012 12:14 pm

Hi,

I have a OZ passport so I am allowed to travel quite freely in and out of most countries. I am on Tier-1 for 5 yrs (less one month) and will be applying for ILR in 3 weeks. I have travel plans immediately the day after my ILR appointment. My Tier-1 expires end of may.

Is it an official rule that we are not allowed to travel while we are waiting for the biometric card (assuming ofcourse that my ILR application is successful)? If so, why is this?

thanks

lucky1234
Newbie
Posts: 48
Joined: Sat Mar 31, 2012 11:25 am

Post by lucky1234 » Tue Apr 03, 2012 12:49 pm

Biometric is an evidence that you are now settled in the UK. you can easily get exit out of UK without BRP but on your way back, immigration will ask you for an evidence of your permission to stay in the UK and what will you show in that case?

So in my opinion it is good to wait rather get into sort of troubles.

Thanks

niteshj
Member
Posts: 104
Joined: Wed Feb 18, 2009 11:25 am

Post by niteshj » Tue Apr 03, 2012 1:08 pm

lucky1234 wrote:Biometric is an evidence that you are now settled in the UK. you can easily get exit out of UK without BRP but on your way back, immigration will ask you for an evidence of your permission to stay in the UK and what will you show in that case?

So in my opinion it is good to wait rather get into sort of troubles.

Thanks
I am guessing:

(1) my Tier-1 is still active when I arrive back into the UK (remember most people apply 28 days before their tier-1 expires, so they still have 20+ days on that .. and as long as trip is less than the expiry date .. it shouldn't be a problem I imagine)

(2) as an australian citizen, I don't need a visa to come in and out of the country

that's why I am asking about OFFICIAL stance from someone who has just gotten their ILR - did the CaseWorker, etc explicitly say that you CANNOT travel until you get your biometric card?

Patagonian
Junior Member
Posts: 53
Joined: Thu Dec 17, 2009 1:26 am
Location: London UK

Re: Are we not allowed to travel while we are waiting for Bi

Post by Patagonian » Tue Apr 03, 2012 1:11 pm

niteshj wrote:Hi,

I have a OZ passport so I am allowed to travel quite freely in and out of most countries. I am on Tier-1 for 5 yrs (less one month) and will be applying for ILR in 3 weeks. I have travel plans immediately the day after my ILR appointment. My Tier-1 expires end of may.
Are you attending Croydon PEO? If so, given the recent spate of technical problems there I wouldn't make any travel plans for the day after your appointment in case they can't process your application on the day and hold on to your passport.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Apr 03, 2012 1:15 pm

niteshj wrote:
lucky1234 wrote:Biometric is an evidence that you are now settled in the UK. you can easily get exit out of UK without BRP but on your way back, immigration will ask you for an evidence of your permission to stay in the UK and what will you show in that case?

So in my opinion it is good to wait rather get into sort of troubles.

Thanks
I am guessing:

(1) my Tier-1 is still active when I arrive back into the UK (remember most people apply 28 days before their tier-1 expires, so they still have 20+ days on that .. and as long as trip is less than the expiry date .. it shouldn't be a problem I imagine)

(2) as an australian citizen, I don't need a visa to come in and out of the country

that's why I am asking about OFFICIAL stance from someone who has just gotten their ILR - did the CaseWorker, etc explicitly say that you CANNOT travel until you get your biometric card?
your tier 1 will no longer be active once you have been granted ILR

The letter you get when you are granted ILR advises you not to travel until you have recieved your BRP.

If you have ILR you should not be entering the UK as a visitor - which is what you are suggesting you would do.

It is unwise to make travel plans for the day after an ILR application as there is no chance you will get your BRP the following day, and there are also no guarantees of a same day decision.

niteshj
Member
Posts: 104
Joined: Wed Feb 18, 2009 11:25 am

Post by niteshj » Tue Apr 03, 2012 9:49 pm

Greenie wrote:
your tier 1 will no longer be active once you have been granted ILR

The letter you get when you are granted ILR advises you not to travel until you have recieved your BRP.

If you have ILR you should not be entering the UK as a visitor - which is what you are suggesting you would do.

It is unwise to make travel plans for the day after an ILR application as there is no chance you will get your BRP the following day, and there are also no guarantees of a same day decision.
thanks - that answers my question perfectly

niteshj
Member
Posts: 104
Joined: Wed Feb 18, 2009 11:25 am

Re: Are we not allowed to travel while we are waiting for Bi

Post by niteshj » Wed May 09, 2012 6:16 pm

I am happy to say that today I was approved for ILR

I made it a point to ask the caseworker about travelling abroad while waiting for BIO (yes the ILR approval letter that they give you at the PEO does ADVISE you not to travel until you have the biometric card).

She said that if you had to travel o'seas while waiting it would be ok and you would not get in trouble - to take the ILR approval letter with you and show it when you arrive back in UK at immigration. She did say that ofcourse the ILR now supersedes the Tier-1 I now have.

dehjet
Newbie
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Joined: Wed Mar 28, 2007 12:25 pm

Post by dehjet » Wed May 09, 2012 7:55 pm

@niteshj, I asked the same question (at croydon-PEO) last week an the answer given to me was to wait until my bio card arrives since the ILR permit cancels the previous TIER-1 permit. Could you clarify it ?

Patagonian
Junior Member
Posts: 53
Joined: Thu Dec 17, 2009 1:26 am
Location: London UK

Re: Are we not allowed to travel while we are waiting for Bi

Post by Patagonian » Thu May 10, 2012 8:51 am

niteshj wrote:I am happy to say that today I was approved for ILR

I made it a point to ask the caseworker about travelling abroad while waiting for BIO (yes the ILR approval letter that they give you at the PEO does ADVISE you not to travel until you have the biometric card).

She said that if you had to travel o'seas while waiting it would be ok and you would not get in trouble - to take the ILR approval letter with you and show it when you arrive back in UK at immigration. She did say that ofcourse the ILR now supersedes the Tier-1 I now have.
Congratulations on getting your ILR niteshj. Do you actually have a letter with your personal details on it saying that ILR has been granted?

When my partner applied the "approval letter" which was addressed to him just said "your application has been processed and here are your documents. Your BRP will arrive in 7-10 days etc etc". No mention of the leave granted is made in that letter. There was an information leaflet enclosed about the type of leave granted but that was a standard leaflet and didn't contain any of his personal details.

If someone returns to the UK without their BRP you would think that UKBA could simply look up their details, confirm their biometrics and let them in. However, given that if you lose your BRP when abroad you have to apply for a separate visa to allow you to return to the UK I doubt it would be this simple. I'd be interested to hear if anyone on here has tried this

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