Holiday while visa renewal is being processed?

Hi,

My wife will be renewing her visa, so doing FLR(M), at the end of this month or very early August. Her BRP expiry is 24 August. With lockdown and everything we've barely left the house besides groceries, travel to work, and the odd walk around our neighbourhood. So we thought about a holiday somewhere hot (Algarve, Corfu, etc) in late September, but then I remembered the visa. Assuming, what with the current backlogs, that UKVCAS dont process and approve the visa until months later, am I right in saying travelling outside the UK is not advisable?

TIA,
Martin

You should not travel outside the UK while an application is processing, especially not if her visa has expired by that point and she is on 3C Leave... because without a valid visa, she may not be allowed back into the UK again.

The point of 3C Leave is that you are allowed to REMAIN in the UK legally, and continue to work, without becoming an overstayer if your visa expires while your application is processing. I would assume that if you leave the UK after your visa has expired, your 3C Leave will end.

All I can find in the 3C Leave guidance regarding leaving the UK is the following:

Pending Administrative Review
Section 3C leave continues during any period when:
• an administrative review could be sought
• the administrative review is pending, in that it has not be determined
• no new application for leave to remain has been made

Section 3C leave will end if the person leaves the UK

and

Abandoned appeals
An appeal is treated as abandoned if the appellant is granted leave to enter or remain in the UK (section 104(4A) of the 2002 Act) unless the appellant indicates that they want the appeal to continue on asylum or humanitarian protection grounds.

However, section 3C leave will end when leave is granted even if the appeal continues.

Section 92(8 ) of the 2002 Act states that an appeal is abandoned if a person leaves the UK before the appeal is finally determined, unless the claim to which the appeal relates has been certified under section 94(1), 94(7) or 94B of the 2002 Act.

However, section 3C leave will end when a person leaves the UK in any event.

So, I really wouldn't risk it.

Thanks for that. I thought that would be the case as soon as I started typing the question but just wanted to be sure.

Martin