The possibility of having visa applications deemed withdrawn because of travel

 In the UK, London immigration lawyers frequently tell their clients that if they go outside of the Common go Area (CTA) while their immigration application is pending, the application will be deemed withdrawn (cue tedious justifications for clients regarding the boundaries of the CTA). Immigration attorneys frequently tell their clients that entering the UK while an application for entrance clearance is pending may potentially provide challenges in some situations. This article examines when you may and cannot travel, as well as how significant your application's location is.

The importance of location at the time of application

Applications for UK Visa and Immigration (UKVI) had to be submitted in person at a Public Enquiry Office or by mail, and applicants had to physically turn in their passports. The impossibility of retrieving the passport led to the resolution of many of the concerns surrounding foreign travel. The question of where and when an applicant is seems to be more technical than practical these days, with applicants keeping their passports and certain application procedures becoming digital.

In most cases, EEA nationals using the app to apply from outside the UK must do so in a nation where they are lawfully residing. However, when they click the submit button, the application might not encounter an issue if they just so happen to be on vacation overseas (or even in the UK, some speculate).

Those who apply in the UK are subject to a requirement that prohibits them from leaving the country until their application has been decided. It is a distressing and upsetting experience to see applicants fight under truly sympathetic and compelling circumstances to persuade UKVI to accelerate their applications before they hastily depart the country due to a family emergency.

Applying from outside of the UK and visiting the UK

While their immigration petitions are pending, non-visa nationals applying outside of the UK through London immigration lawyers are permitted to enter the country as visitors (provided they comply with visitor regulations). But these people have to exit the UK and return at the beginning of their visa due to the procedurally rigid nature of the present laws. In essence, something is done to "activate" their new status. This is also valid in the event that they possess an electronic visa in lieu of a passport vignette.

Travelling after submitting an application while in the UK

Before the most recent modifications, it was not quite clear when, if at all, the applicant's inability to travel outside of the CTA would take effect—that is, whether the applicant submitted their online application or when they showed up for their biometric appointment.

This is clarified by the amendments made under paragraph 34K of the immigration regulations on October 6, 2021. A person applying in-country should not leave the CTA once they have submitted their online application. The following is confirmed by UKVI's caseworker guidelines on "Validation, variation, voiding and withdrawal of applications":

You must treat an application as withdrawn on the day the applicant leaves the CTA if they have sought for permission to stay and leave before a decision has been reached on their application.

The requirement that applicants not travel while their application is ongoing appears rather clear-cut and evident. In actuality, though, the immigration system has been more lenient when it comes to the rule's application.