This article will explore when those with pending immigration application are and are not able to travel abroad.
Those in the UK with a pending immigration application:
It is strongly advised that travelling abroad (outside the Common Travel Area (CTA) – consisting of the UK, Republic of Ireland, Channel Islands and Isle of Man) whilst an application for leave to remain or settlement is pending should be avoided at all costs, as this will result in the application being treated as withdrawn.
Paragraph 34K of the Immigration Rules on 6 October 2021 clarified that when someone applies for a visa from within the UK, they should not travel outside the CTA as the UKVI will treat the application as withdrawn. However, there is evidence to suggest that, in practice, the immigration system has not been strict on implementing this rule, but for the avoidance of doubt, we would advise applicants to remain in the CTA. This is especially important since the Home Office is beginning to implement a fully digital border, which you can read more about here
Those outside the UK with a pending immigration application:
It is also strongly advised that applicants with an entry clearance application pending should not travel to the UK until they receive a decision.
Non-visa nationals (i.e. those not on the visa nationals list) can, in theory, enter the UK whilst they have an active application, provided that they leave the UK and re-enter once their visa is approved. In such circumstances, non-visa nationals would be admitted as visitors on arrival to the UK. They therefore would not be permitted to work until they return to the UK with their visa.
However, the Home Office’s approach to such circumstances is not always consistent, and we would recommend caution if you are planning on entering the UK while your visa application is pending. The Home Office may argue that entering the UK as a visitor while you have a residence visa application outstanding demonstrates inconsistent intentions, and either deny you entry as a visitor or reject your pending visa application as a result. In most circumstances, taking this risk will not be worth the early entry into the UK as a visitor.
If you have any immigration queries, please contact the team at [email protected].
