Can I return to UK under Tier 4 student visa, without biometric residence permit?

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Can I return to UK under Tier 4 student visa, without biometric residence permit?


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Old 18th December 2013, 02:29 PM
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Default Can I return to UK under Tier 4 student visa, without biometric residence permit?

I just got married while on Tier 4 student visa (which expires in January 2014 and I've already finished my course). I'm applying for extension to stay as a partner of a UK citizen in person this week. I will fly out of UK for honeymoon 3 days later (as they expect to return my passport same day of the application appointment) before receiving my biometric residence permit, and I was wondering if I can return to UK without the biometric residence permit, under Tier 4 student visa? Once I get my permit, will I need to fly out of UK and return under biometric residence permit if I follow this route?

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Old 18th December 2013, 03:20 PM
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Once your leave to remain as spouse is issued, your Tier 4 visa is cancelled automatically.
It's possible to re-enter UK without your BRP, but it will take some time at UK border. First a document is issued, your fingerprints are taken and they will try to find out if your BRP has been issued and what your conditions of stay are. Once they are satisfied, details of what they have done will be written down and later uploaded to their database, and you will get an open date stamp and be allowed in. You will probably be told that next time you must travel with your BRP, so just be apologetic.
When you eventually get your BRP, just keep it with you and take it every time you leave UK.

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Old 19th December 2013, 12:19 PM
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Be careful! I'm also on a Tier 4 visa, and I can tell you my university warned us clearly that you will not be able to re-enter on the Tier 4 after studies have finished. If you haven't got your permit yet, I'm not sure how you can prove to the border agent that you can legally re-enter. From what Joopla has said, it sounds like they can look it up in their database?

I'm sure Joopla is correct, but it's not clear from what you wrote when the application is to be decided. You said three days after you apply. Do you know when you will hear whether it's be approved or not? What if the application is turned down for some reason? Are you taking about the premium service in-person (POE?) I thought that still takes up to 10 days for a decision? Or am I wrong and the decision is the same day, but it takes 10 days for the documents to be mailed out?

Not to mention what if there is a delay and it takes a couple extra days to return your passport? Personally, I wouldn't take the chance and just wait - re-book it for later when you know you're safe.

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Old 19th December 2013, 12:26 PM
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Sigh. Sorry, yes, they do make the decision the same day, I just looked. My head is just swimming with all this stuff right now.

Can you ask them if they can provide you with some sort of documentation to show you've been through the process and been approved?

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Old 19th December 2013, 12:43 PM
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Quote:
Originally Posted by kkss View Post
Be careful! I'm also on a Tier 4 visa, and I can tell you my university warned us clearly that you will not be able to re-enter on the Tier 4 after studies have finished.
Just to throw in my experience, you get the extra 4 months after your studies to await your results and make moving, living arrangements etc. You are allowed to re-enter in this period; I did so 3 times (at the latest 5 weeks before my student visa was going to expire). If your expiration is really close, and you re-entered after already recieving your results, (or are just coming back for your graduation or something) they may question you more and potentially stamp you in as a visitor, though you never know and it really just depends on the officer.

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Old 19th December 2013, 11:10 PM
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As I said, once you switch your leave to that of a spouse, your Tier 4 visa is automatically cancelled and can no longer be used to re-enter UK. Leaving before you get your BRP isn't wise - couldn't you start your honeymoon a few days later? There is also a chance that your leave as spouse may not be approved, and while you get your passport back and your Tier 4 remains valid, you may face a major hassle trying to return to UK, as they have your denial of leave on their visa database. Ideally, you wait until you get your BRP before leaving UK, or leave before getting your BRP and re-enter under the scenario I've outlined above.

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Old 21st December 2013, 09:34 PM
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Thanks all for your reply.

Joppa-do you know if anyone has returned to UK successfully while they're waiting for their BRP card?

My BRP application is approved, and was told by UKBA there is no guarantee I will be allowed back in UK without the BRP, even if I showed them the approval letter. It depends on which officer I get. My flight is tomorrow and I'm still waiting for my BRP card. I guess I'll have to wait a few days, or have someone email me a scanned copy of my BRP when I'm overseas.


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Old 21st December 2013, 10:26 PM
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The procedure I've outlined in my first post had been in the Border Force Manual, until the whole document was withdrawn for public access.
Better still, get someone to send your original permit by secure delivery (FedEx, DHL etc).

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