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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi Tom, We had a conversation this morning. I have a quick

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Hi Tom, We had a conversation this morning. I have a quick question. Mi spouse-visa expires the 26th of December, would it be OK if I leave but return before that time, say the 24th? Then, once in UK, I could submit the application for the extension as soon as my Visa expires, though I won't be able to spend Christmas with my family... Do you think I'll have a problem in Heathrow?

I will be able to answer tomorrow..

Customer: replied 4 years ago.
Ok Thank you Tom, I'll wait then!

Thanks for your patience.

Again, I’m afraid that it’s a risk that I would not take. If you do this there is a chance that you would be taken for questioning and conceivably denied entry. If your husband was physically at the Airport with his passport then you may be released once he attends the UKBA officers with it and explains the situation.

If he is there with your Italian passport and you do this you would be fine but, again, this relies on your Italian passport arriving whilst you are away.

The safest thing to do would be to not travel or to wait to see if your Italian passport comes. Once it comes you are sorted.

Anything else invites quite a big element of risk in to whether you would be able to re-enter because it relies on your Italian Passport being available or, at the very least and only if they are generous, the UKBA accepting that your passport will shortly come which I cannot say that they would be likely to do unforuantely.

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Kind regards,

Customer: replied 4 years ago.

Thank you Tom, just to clarify one last thing before rating you.


- i will be traveling with my husband, so he will be there to explain the situation as my sponsor.


- I know it is risky, but I hope you can imagine that if me traveling to my home country is not a matter of relevance (my brother is getting married the 14th!!), I won't be putting myself at risk with the UK Border Agency, I definitely am not interested at all to have problems with it. And I was counting with my Italian Passport that, in words of the Italian COnsulate itself, their delay has been a very exceptional situation.


Thank you very much!


OK, if you are travelling with your husband that will help in that they will be satisfied that you are still in a relationship, but it won't help in so far as he will not be available to pick up your italian passport and bring it to the airport. You shoudl pick someone you trust and consider whether they would be able to attend the airport to provide the passport.

The reality is that there will always be an element of risk until you get your Italian passport. If you leave the UK without it then I'm afraid that you woudl be doing so accepting that risk.

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