Leaving the UK while a decision is pending
Two separate published rules apply to travel while an in-country application is undecided: paragraph 34K treats the application as withdrawn once the applicant leaves the Common Travel Area, and section 3C leave lapses on leaving the UK. This guide sets out both, and what the rules say about biometrics.
- Section
- ILR & Settlement
- Reading time
- 9 min
- Last checked
- 9 June 2026
- Source
- The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
- Rowan does not
- Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.
In short
- Indefinite leave to remain, also called settlement, is permission to stay in the UK with no time limit.
- Paragraph 34K: an undecided application for permission to stay is treated as withdrawn on the date the applicant travels outside the Common Travel Area.
- The Common Travel Area is the UK, Ireland, the Isle of Man and the Channel Islands.
- Section 3C(3) of the Immigration Act 1971: leave extended while an application is decided lapses if the applicant leaves the United Kingdom, including for travel inside the Common Travel Area.
- GOV.UK refund rules: the application fee is returned only if fingerprints and photo have not yet been given; the immigration health surcharge is refunded in full if the application ends before a decision.
If an application for indefinite leave to remain (settlement) or another permission to stay was made inside the UK and has not yet been decided, two published rules govern travel. Paragraph 34K of the Immigration Rules treats the application as withdrawn if the applicant travels outside the Common Travel Area. Section 3C of the Immigration Act 1971, which continues permission while the application is decided, lapses if the applicant leaves the United Kingdom. This guide sets out both rules, the biometrics step, and the refund position.
Two Rules, Two Different Boundaries
While an application made inside the UK for indefinite leave to remain (settlement) or any other permission to stay is undecided, two published rules deal with travel. They are separate rules with separate triggers, and the boundary is not the same in each.
- Paragraph 34K of the Immigration Rules: the application is treated as withdrawn on the date the applicant travels outside the Common Travel Area.
- Section 3C(3) of the Immigration Act 1971: leave extended while the application is decided lapses if the applicant leaves the United Kingdom.
So a trip to Dublin does not withdraw the application, because Ireland is inside the Common Travel Area, but it does end section 3C leave, because Ireland is not the United Kingdom. A trip anywhere else does both. This guide sets out each rule in plain English.
Paragraph 34K: Leaving the Common Travel Area
Paragraph 34K of Part 1 of the Immigration Rules reads: “Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.”
A withdrawn application produces no decision. Nothing is granted, nothing is refused, and there is nothing to review or appeal. To be considered again, a fresh application has to be made, and a person who is abroad without permission to enter the UK would have to make it from outside the country.
On refunds, GOV.UK states that the application fee “will be refunded if you have not yet given your fingerprints and photo” and “will not usually be refunded if you have already given your fingerprints and photo”. The immigration health surcharge is refunded in full if the application ends before a decision is made, and a priority service fee has to be asked for separately rather than being repaid automatically.
Section 3C Leave Lapses on Leaving the UK
Where an application to vary permission is made before the existing permission expires, section 3C of the Immigration Act 1971 continues that permission until the application is decided, and while an appeal or administrative review can be brought or is pending.
Section 3C(3) states: “Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.” Section 3C leave is permission to stay, not permission to enter, so it cannot be used to return, and it does not restart if the applicant comes back. Our guide to section 3C leave and settlement explains how the protection works.
The Biometrics Step
Every application includes an identity step: fingerprints and a digital photograph. Applicants are told at the start of the online application which way it will be done. Some can prove their identity with the “UK Immigration: ID Check” app and do not attend in person. Others book an appointment through UK Visa and Citizenship Application Services, which runs the service points inside the UK.
Paragraph 34K does not depend on this step: an application is treated as withdrawn on travel outside the Common Travel Area whether or not fingerprints and photo have already been given. The step matters for money rather than for the rule, because it is the point after which the application fee is no longer usually refunded.
How Long the Wait Is
For settlement, GOV.UK says a decision is usually made within 6 months of the biometrics appointment. Faster services are published separately: the priority service costs £500 and aims for a decision within 5 working days, and the super priority service costs £1,000 and aims for the next working day, or 2 working days if the appointment is at a weekend or on a bank holiday. Our guide to settlement processing time sets out the published standards for each route.
The two rules above apply for the whole of that period, from the day the application is submitted to the day it is decided.
What the Common Travel Area Covers
The Common Travel Area is the United Kingdom, Ireland, the Isle of Man and the Channel Islands. Paragraph 34K is triggered by travel outside that area, so a journey to Ireland or the Isle of Man does not withdraw an undecided application.
Section 3C is drawn more narrowly. It refers to leaving the United Kingdom, so Ireland, the Isle of Man and the Channel Islands are all outside it. Neither rule contains an exception for short trips, emergencies or day returns: both are triggered by the departure itself, and paragraph 34K fixes the date of withdrawal as the date of departure.
After the Decision
Both rules stop applying once the application has been decided. Indefinite leave to remain does not expire, but GOV.UK says it is lost after more than 2 continuous years outside the UK, the Channel Islands and the Isle of Man — 5 continuous years for settled status under the EU Settlement Scheme, or 4 for Swiss citizens and their family members. Absences also count towards the continuous residence rules that apply to a later citizenship application.
Biometric residence permits stopped being issued at the end of 2024. Status is now held online in a UK Visas and Immigration account and is shown to airlines, employers and landlords with a share code, which lasts 90 days and can be used as many times as needed before it expires.
If you are thinking about travel after settling, and you plan to apply for citizenship later, our guides to travel during a citizenship application and how to apply for British citizenship explain what to watch for at that stage.
Emergencies
Neither paragraph 34K nor section 3C(3) contains an exception for urgent family or medical travel. Paragraph 34H allows an applicant to ask to withdraw an application before it is decided, and paragraph 34I records that the Home Office is not obliged to agree and may decide the application instead. An adviser regulated by the Immigration Advice Authority, or a solicitor, can look at an individual case; Rowan sets out published rules and does not.
Related guides:
Questions and answers
Can I travel abroad while my UK visa or settlement application is pending?
Paragraph 34K of the Immigration Rules says that if a decision on an application for permission to stay has not been made and the applicant travels outside the Common Travel Area, the application is treated as withdrawn on the date they left. The Common Travel Area is the UK, Ireland, the Isle of Man and the Channel Islands. A withdrawn application is not decided. GOV.UK says the application fee is refunded if you have not yet given your fingerprints and photo, and will not usually be refunded if you have. The immigration health surcharge is refunded in full if the application ends before a decision. Separately, section 3C leave ends the moment a person leaves the UK, even for travel inside the Common Travel Area.
Does 3C leave let me travel outside the UK?
No. Section 3C of the Immigration Act 1971 continues a person's permission inside the UK while an in-time application is decided. Section 3C(3) states that leave extended in this way lapses if the applicant leaves the United Kingdom. It is not permission to enter, so it cannot be used to return. Once it has lapsed it does not restart, even if the application is still being decided.
What happens to my application if I leave the UK before a decision?
Under paragraph 34K of the Immigration Rules the application is treated as withdrawn on the date the applicant left the Common Travel Area. A withdrawn application produces no decision, so nothing is granted and there is nothing to appeal. A fresh application is needed, and a person who is outside the UK with no permission to enter would have to make it from abroad. The refund rules on GOV.UK apply: the fee is returned only if fingerprints and photo have not yet been given.
What are the rules on biometrics and travel?
Giving fingerprints and a photo is a required step in the application. Some applicants are told at the start of the application that they can prove their identity with the 'UK Immigration: ID Check' app instead of attending in person; others book an appointment through UK Visa and Citizenship Application Services. Paragraph 34K applies regardless of that step: travelling outside the Common Travel Area before the decision withdraws the application, whether or not biometrics have been given. If the step has not been completed and the application ends, GOV.UK's refund rules return the fee.
What changes once settlement is granted and the application is no longer pending?
Paragraph 34K and section 3C only apply while an application for permission to stay is undecided, so neither applies once a decision has been made. Indefinite leave to remain (settlement) does not expire, but GOV.UK says it is lost after more than 2 continuous years outside the UK, the Channel Islands and the Isle of Man (5 continuous years for settled status under the EU Settlement Scheme, or 4 for Swiss citizens and their family members). Settled status is held online in a UK Visas and Immigration account and is proved to airlines, employers and landlords with a share code, which lasts 90 days. Biometric residence permits stopped being issued at the end of 2024, so there is no card to carry.
This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.