Question to the Home Office:

To ask the Secretary of State for the Home Department, what is the policy rationale for treating Indefinite Leave to Remain applications as withdrawn if an applicant leaves the UK while a decision is pending; and what assessment she has made of the potential impact of this policy on young dependants.

In-country immigration routes, and any associated in country appeals rights, are designed to operate while the applicant remains physically present in the UK.

Where an applicant leaves the UK before a decision is made, the application can no longer be considered on the basis on which it was made and is therefore treated as withdrawn.

This approach maintains the distinction between in country and overseas routes, ensuring consistency with section 3C of the Immigration Act 1971 (which can extend a person’s right to remain in the UK whilst their current visa has expired but they have an outstanding valid application under consideration) and aligns appeal rights with the appropriate procedural framework.

Applicants have the ability to apply for priority services if they know travel is likely to be imminent, alternatively if a person has an urgent need to travel outside the UK and do not wish their application to be treated as withdrawn, they can contact the UK Visas and Immigration hotline and we will consider whether expedition of the decision can be made on a case-by-case basis.