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ARTICLE · 11 OCTOBER 2024

Avoiding Pitfalls When Making An In-country UK Visa Application

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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Traveling outside the UK while awaiting an immigration decision can automatically withdraw your application under UK rules, ending your immigration status extension. To avoid issues, avoid travel until your application is approved or seek immigration advice for urgent situations.

United KingdomImmigration
Andrew Osborne
Andrew Osborne
Supinder Singh Sian
Supinder Singh Sian
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Travelling outside the UK while awaiting an immigration decision can have serious repercussions for those hoping stay beyond the expiration of their current leave. In this article, we explain some of the issues and highlight how to ensure your application for permission to stay is effectively considered by the Home Office.

What provisions are relevant here?

Paragraph 34K of the Immigration Rules states that if a decision on an application for permission to stay has not been made, any applicant who travels outside the Common Travel Area will have their application automatically withdrawn upon departure.

Section 3C of the Immigration Act 1971 states that if you make an in-time application for permission to stay in the UK, your immigration permission and related immigration conditions are automatically extended while your application (and any connected administrative review or appeal) is pending.

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