Emergency trip to US during application

Hi
Need urgent advice. We received some very sad news and need to get back to the states for a funeral. My wife has done the online application on Oct 22 and her bio appointment is tomorrow. Her BRP expired yesterday.

What are the options?
If we go now, can she get back in the country? Is there a provision for compassionate reasons?

Who should I contact?

Thanks very much

So sorry for your loss, sadly if your wife leaves the country she will be abandoning her application and will not be allowed to re-enter. You would have to start again. You could try contacting your MP to see if they can speed up her application on compassionate grounds.

Thanks so much for the quick reply. So if we abandon this application, then would she have to apply from the states? There is no way for her to come back in the U.K. and apply from here?

Thanks so much for the quick reply. So if we abandon this application, then would she have to apply from the states? There is no way for her to come back in the U.K. and apply from here?

She would have to apply for a spouse visa from the US, it would also reset the 5 years route to ILR so she would have lost all the time she has been here already.

Sorry for your loss .

As mentioned, the only thing you can really do is contact your MP and request that the visa application be expedited on compassionate grounds.

Thanks so much for the quick reply. So if we abandon this application, then would she have to apply from the states? There is no way for her to come back in the U.K. and apply from here?

No, unfortunately not.

Because her BRP has now expired, she only retains the right to live and work in the U.K. under Section 3C Leave while she REMAINS in the UK.

The moment she leaves the UK, her 3C Leave becomes invalid and she loses the right to live in the UK. Therefore, she will have no valid visa and no right to re-enter the UK as a spouse.

If she was allowed back into the U.K., she could only be stamped in as a visitor, and she cannot switch to FLR(M) from a visitor visa because it’s not allowed.

So, her only option would be to apply for a brand new spousal visa from the US... which could take 2-4 months, and would mean she has to start her 5 years to ILR all over again.


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Thanks everyone. Appreciate it so much.

If she gets her visa expedited and approved, does she need to wait for the BRP to arrive or can she leave at that point?  Can she enter the country without physically having it?

If she gets her visa expedited and approved, does she need to wait for the BRP to arrive or can she leave at that point?  Can she enter the country without physically having it?

Her BRP is her visa - it's her only proof of her immigration status and right to live in the UK, which means she needs it in order to get back into the UK. Therefore, she will need to wait until she has it before she leaves the UK.

I don't know if they might be able to expedite the delivery of the BRP in compassionate circumstances though.

Thanks everyone. Appreciate it so much.

If she gets her visa expedited and approved, does she need to wait for the BRP to arrive or can she leave at that point?  Can she enter the country without physically having it?

If you were able to get her visa approved, not having the BRP isn’t a massive deal. She could bring the death certificate and explain.

Super sorry for the loss.  If I’m honest, I’d look into attending the service remotely.  Depending on the state, there is likely a 2 week quarantine once she arrives into the state. And definitely 2 weeks on the return.  Remote isn’t “the same”. My cousin was living in South Korea when our grandmother died so she attended remotely. Not the same but she did get some much needed closure and felt the love still.  Hard not to hug.

This is a time when the distance sucks SO HARD.  I know someone who’s fathered died in July of Covid and the family is waiting to hold a service when everyone can attend safely. It’s awful the whole world over.