This question is often at the forefront of many applicants’ minds, especially when Home Office processing times can be highly variable.
The answer will very much depend on the category of application that you have made and whether you submitted your application from outside or within the UK.
Applications submitted from outside the UK
Unless you hold multiple valid passports or the ‘keep my passport’ service is available in the country from where you submit your visa application, your original passport will be retained by the visa application centre throughout processing. You will, therefore, be unable to travel until your visa application has been processed and your passport returned back to you.
Where you hold multiple valid passports or the ‘keep my passport’ service is available, you will be able to travel whilst your visa application is being considered.
Travel to the UK is not, however, advised. Entering the UK as a visitor whilst you have a pending application for residence could be considered a declaration of inconsistent intentions and this could create issues on arrival at the UK border.
Applications submitted from within the UK
If you have applied for British citizenship or to the EU Settlement Scheme (and are in receipt of your Certificate of Application), the general position is that you will be able to travel to and from the UK whilst your application is in processing. This advice could, however, vary depending on your specific circumstances.
If, however, you have applied for permission to stay/leave to remain or indefinite leave to remain in the UK, you must remain in the UK until your application has been decided. There is a high risk of your application being treated as automatically withdrawn if you leave the UK whilst it is still pending. In principle, the Home Office will be aware if you travel out of the UK, as information collected by Border Force is shared with the Home Office (particularly as the UK border becomes more digitised).
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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