If you go outside the Common Travel Area (CTA), which includes the UK, the Republic of Ireland, the Channel Islands, and the Isle of Man, before a decision is made on your application for leave to remain or settlement, the Home Office will treat your application as withdrawn.

Paragraph 34K of the Immigration Rules, explains why an application for immigration that is still being processed should be treated as withdrawn if the person making the application goes abroad.

34K. If a decision hasn’t been made on an application for permission to stay and the applicant leaves the common travel area before a decision has been made, their application will be seen as withdrawn on the date they left the common travel area.

If you leave the Common Travel Area before the Home Office decides on your immigration application, your application for more time to stay or indefinite time to stay will be automatically treated as withdrawn.

Anong mangyayari if my immigration application is cancelled or withdrawn because I went abroad before a decision was made?

If your immigration application is withdrawn because you used your passport to travel outside the UK (and Republic of Ireland, Channel Islands, and Isle of Man) while you were waiting for a decision on your application, you will no longer have an immigration application with the Home Office.

If you applied before your previous leave ended and were switched to section 3C leave because your previous leave ended before you left the UK, your section 3C leave would have ended when you left the UK.

If you applied before your previous leave ended, but you still had leave when you left the UK, your leave will still be valid unless it has already ended.

If your pending immigration application is treated as withdrawn because you travelled outside the Common Travel Area, you should get your immigration health surcharge back, but not your application fee. If you were told to go to an appointment, you can cancel your application online and get your fee back if you haven’t given your fingerprints and photo yet. You can cancel your application online if you used the app on your phone. If you haven’t uploaded your documents yet, you will get your fee back.

Pwede ba ako bumalik ng UK to find out what will happen with my immigration application?

If you have an open application and leave the CTA, you will not be able to come back to the UK to get a decision on your application.

Because your pending immigration application will be treated as withdrawn, you will not be allowed to enter the UK unless you have a different type of leave (for example, because you made another immigration application before returning to the UK) or your current leave has not yet ended and is not cancelled at the border.

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Email me at donm@queensparksolicitors.co.uk or call our office at telephone: 02036437508

Disclaimer:

All information posted is merely for educational and informational purposes. It is not intended as a substitute for a professional advise. Should you decide to act upon on the information on this website, you do so at your own risk.