Implications for leaving the UK whilst a visa application is pending

This article is published by Lenny Phiri, Immigration Consultant at Migrate UK - an Immpact Legal Partner.

Key points to consider when a visa application is pending

It still suprises many applicants when they are informed that they should not leave the UK between submitting their application online and receiving their decision.

This applies to those who aleady live in the UK and wish to extend their visa, switch to another one or proceed to the next stage of the immigration journey: a Residence Permit or even Indefinate Leave to Remain.

Leaving the UK while any application is pending can have several implications.  Here are some key points to cosider.

1. Visa Applications:  If you leave the UK while your visa application is pending, it may be deemed withdrawn.  You might need to re-apply from outside the UK, and your previous application may not be considered.
   
   
2. Right to Re-Enter:  If you leave the UK, you might lose your right to re-enter, especially if your Visa or Leave to Remain is tied to your pending application.
   
   
3. Processing Times:  Leaving the UK might delay the processing time of your application, and you may miss important notifications, correspondence or decisions.
   
   
4. Legal Status: If you leave whilst your application is pending, you may no longer have any lawful residence rights in the UK, especially if your visa has expired.  Returning without any extant leave may result in refusal of entry at the Border or permission granted to enter as a visitor, which would re-start any qualification period for Indefinite Leave to Remain (ILR).
   
   

These rules does not apply to Naturalistion applications.

Planning and preparation are key

It cannot be stressed enough that thorough planning is essential when preparing to submit your visa application well ahead of your intended travel dates. Submitting early allows ample time to address any issues that might arise, such as additional document requests, unexpected processing delays, or even reapplying if the initial application is rejected.

Additionally, creating a timeline and checklist ensures you meet important deadlines, such as biometric appointments, or payment submissions, without feeling rushed. Preparing your application with care not only helps present a well-organised submission but also demonstrates your commitment to complying with visa guidelines.

It is advisable to consult an immigration solicitor or advisor before deciding to leave the UK while your application is pending.

Immigration rules can be complex and vary greatly depending on the specific requirements for visas, residency, or work permits, and an immigration advisor can help you identify potential challenges or opportunities that you might not have considered.

For expert advice regarding visa or immigration applications, do not hesitate to get in touch with the immigration consultants at Migrate UK.