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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Immigration Law
Satisfied Customers: 1986
Experience:  Dual qualified Solicitor and Attorney
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My son's citizenship application is being processed but I

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My son's citizenship application is being processed but I have to leave with him to attend a family emergency abroad for 2 weeks. We both hold Canadian passports and I have indefinite leave to remain. How will he be able to return to the UK?

Hi thank you for your message, is he currently in the UK as a dependent of you?

Customer: replied 11 days ago.
Yes, he is a dependent.
Customer: replied 11 days ago.
Yes, he is.
Customer: replied 11 days ago.
Hello?

Hi thank you for your message, I was just looking further into this matter. In essence, the issue here is that if you travel abroad (outside the Common Travel Area (CTA) – which includes the UK, Republic of Ireland, Channel Islands and Isle of Man) before a decision is made on your application for leave to remain or settlement, the Home Office will treat your application as withdrawn. If you have an outstanding application and you travel outside the CTA, the application will not give you any right to re-enter the UK to receive a decision on your application. Because your pending immigration application will be treated as withdrawn, you will be refused entry to the UK unless you are allowed to re-enter the UK with a different type of leave (i.e. because you have made another immigration application before returning to the UK) or your existing leave has not yet expired and is not cancelled at the border. In your sons case therefore, he should be able to reenter the UK as your dependent however, I strongly recommend you contact the Home Office before travelling to see if an allowance can be made for him to travel in this emergency situation, I am aware that this has happened in the past so it should be possible to arrange. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Customer: replied 11 days ago.
Yes, we will contact the Home Office. Thank you very much!

Glad I could help, take care.