Leaving UK with Waiting for Application Approval
15.10.2025
Can I Leave the UK with a Second Passport While Waiting for ILR Approval?
People with dual nationalities may think that if they are applying for ILR with one passport, but have the other one, they can travel abroad with it while waiting for a decision. Unfortunately, it is not true.
Requirement to Remain in the UK During ILR Application
When applying for Indefinite Leave to Remain (or other visas within the UK), the applicant must remain in the country while the Home Office makes a decision. Under paragraph 34K of the Immigration Rules, if an applicant travels outside the Common Travel Area — which includes the UK, the Republic of Ireland, the Channel Islands, and the Isle of Man — at any time before a decision is made on their application, the Home Office will treat the application as withdrawn on the date of departure.
Real-life Case: What Happens If You Travel
We had a recent case illustrating exactly how strict this rule can be. Our client held two passports; he submitted one along with his ILR application, but retained the second. Believing he could travel under the alternate passport without affecting the application, he left the UK just for one day and returned on the next. On the very same day, even though he was already back in the UK, his ILR application was withdrawn simply because he exited the CTA.
Consequences of Travelling During Processing
The next day, we resubmitted the application, and it was quickly approved. But the costs in time, stress, and legal fees were entirely avoidable. Fortunately, in this case, the client still held valid leave under his previous visa, so he was able to re-enter the UK and reapply the following day.
Risk of Expired Visa While Outside the UK
However, if your previous visa or leave to remain has expired while your new application is still pending, leaving the UK effectively ends that pending status. Once you leave the country, your application is withdrawn, and because your old leave has already expired, you no longer have valid permission to re-enter the UK. In such cases, you would need to apply for entry clearance from abroad, which can be costly and time-consuming.
Key Take-aways
- Dual nationality or holding multiple passports does not exempt you from paragraph 34K. The rule is about the applicant’s movement, not which passport is used.
- Once an application is withdrawn, you lose your pending status. If your previous leave has already expired, you may not be able to return to the UK without a new visa.
This example underscores a strict but straightforward requirement: remain within the Common Travel Area until your ILR application has been decided.
