ECS denied due to expired visa

Hello, am new to the board and am hopeful that someone can help me out. I applied for my ILR in about 2 weeks before my visa expired in 6/9/14. A few weeks later I got all my docs back in the post saying that I used the wrong aplication form (the 4/14 instead of the 6/14 form). At this time, my visa has already expired but still within the 28 grace period, so I mimmediately printed out the new form and re-sent my application. I got my biometrics done 4/10. Money was redeposited to my account close to a month later. Now this is where it gets kind of hairy:

1. I started a new teaching job in September thru an agency. They applied for an ECS check for me and I was cleared to work 11/9. So, all is good with the world.

2. I get a phone call from the agency on 15/10 saying sorry, we have to r-apply for your ECS. In the meantime, I was pulled out of the classroom while we waited for the decision.

3. On 21/10, I received notice that my ECS turned down my work clearance as my visa is expired and I cannot legally work until I get my visa approval.


Is there any way to appeal this decision? SurelyI am not the only one who didn't realise that therewas a change in form within a 2 month period?

Can anyone help? The advice has been to contact my MP to expedite the process.

Your previous visa status continues while you await for the decision on your current application.

Section 118 of the Nationality, Immigration and Asylum Act 2002 added section 3C to the Immigration Act 1971 to prevent an applicant from becoming an overstayer by extending their leave while they are:

 awaiting a decision on an in-time application, or
 exercising a right of appeal against the refusal of such an application.

https://www.gov.uk/government/publicati ... d-3d-leave

Include the document in the above link for your appeal.

The difficulty is that the in-time application was declared as invalid and leave had expired in the meantime.

Thanks for your responses. Is there no grace period for the expiration? The home office mailed it back to me already expired without contacting me, or sending me notice that it was an invalid application.