Returning to the UK with valid visa on soon-to-expire Canadian passport
I'm a Canadian currently on a Tier 5 visa in the UK. I'm going back to Canada for 2.5 weeks this weekend and will return to the UK in early January.
My visa is valid until October 2016 but my passport expires on March 2016. The UK stipulates that you can enter if your passport is valid for the duration of your stay.
Would the UKBA possibly reject me because my stay will be until October even though my passport ends in March? Do I need to get a new passport whilst in Canada to avoid this (with urgent service)? Or is it okay since my visa is valid past the passport date?
Originally, I was going to renew my Canadian passport from the UK after my holidays but now this seems questionable if it's only valid for 2-3 more months and I'll be here until the fall.
Could someone help me with this? I know it's quite a specific question but I can't find it asked or answered anywhere.
Best Answer
You have a T5 that is still in effect at the time of your arrival and your passport will expire before the T5 expires.
The controlling reference for this situation is found in Paragraph 21 of the UK Immigration Rules. It says...
The leave to enter or remain in the United Kingdom of the holder of a passport or travel document whose permission to enter another country has to be exercised before a given date may be restricted so as to terminate at least 2 months before that date.
So, they will not remove you from port, but they will be entitled to curtail your T5 to expire in February (two months before your Canadian passport expires). Curtailing your T5 to February will regularise you to the policy that passports should remain valid during one's stay. During the interval between your arrival in January and your T5 expiry, you will be expected to obtain a new Canadian passport, presumably from the Consular Services Section at the Canadian High Commission in London.
This is standard procedure for people who have visas extending beyond the validity of their passport. The key word in the law is "may". The decision to curtail or merely issue a verbal warning is fully down to the Immigration Officer who lands you and their decision is final and irrevocable.
You can also, as pointed out in comments and other answers, obtain a new passport before you leave. This would prevent the possible curtailment of your T5.
In either case your T5 will remain valid even when your passport has expired. There is an option to get a transfer of conditions (they put a new entry clearance in your new passport and cancel the one in your old passport), but for a T5 expiring this year, it isn't worth it. To enter and exit the UK, you need to bring two passports...
- Your old passport containing the T5;
- Your current passport
The Immigration Officer assigned to land you will know what to do with the two passports.
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Can I travel back to the UK with a soon to expired passport?
Re: Can I travel back to the UK with an expired Passport? No. If your passport has expired, you don't have a passport, just an entitlement to one.What happens if my passport expires before my visa UK?
You can use the valid visa in your expired passport when you're travelling to and from the UK. You'll need to travel with your expired and your new passport. You can also choose to either: replace your visa with a biometric residence permit if you're in the UK (the cost depends on your visa status)Can I use my Canadian passport until it expires?
Most countries require that a passport be valid for at least six months beyond the completion of a trip. If your passport expires sooner than that, you must apply to renew your passport. Please view the Visas section to determine how long a passport must be valid for each specific country of travel.What if my passport expires before my visa?
If a U.S. visa has been issued on a passport that has expired, you should carry both your new passport and the expired passport containing your valid visa. There is no need to re-apply for a new visa unless the visa term has itself expired.Can You Come to Canada on A Valid Visa on Expired Passport? Find It Here
More answers regarding returning to the UK with valid visa on soon-to-expire Canadian passport
Answer 2
You must have a valid passport to enter the UK. It must be valid for the whole of your stay.
As stated on gov.uk
So, you'll need to get a new passport while in Canada.
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