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Continuity of work while ILR application is being processed

Posted: Sun Apr 26, 2020 3:01 pm
by Maazkay09
Dear Respected members,
Hope you are safe and healthy.
I am currently on a spouse visa which is due to be renewed at the end of September 2020. I am also eligible to apply for ILR based on the long residence as I am completing my 10 years legal stay in the UK by the end of July 2020. I can opt for either category.
I am working full-time and I have a permanent contract with my employer but with one condition that I need to renew my visa of course when it finishes. As I have above two options and what I was planning to do is to go for an ILR Long Residence route in July 2020.

Given all appointment centres are now closed due to COVID-19 issues and premium services have also been suspended, the only option I left with to go with a standard application which can take up to 6 months. In my employer's records, my current visa is valid till end of Sep 2020, but my question is that If I apply for standard ILR application at the end of July 2020 which take longer to get a decision on, can I still continue to work after my current visa expires even if my ILR application is being processed?

Government do provide some guidance on Tiered visas so wasnt sure if only for them, see for example:

If you’ve applied for a Tier 2 or 5 visa and are waiting for a decision on your application
You can start work before your visa application has been decided if:
  • You have been assigned a Certificate of Sponsorship (CoS)
    You submitted your application before your current visa expired and you show your sponsor evidence of this
    The job you start is the same as the one listed on your CoS
    If your application is eventually rejected as invalid or refused your sponsor will stop sponsoring you and you must stop working for them.
Since currently I am on a spouse visa, does above guidance from Govt apply to my case as well? Can I continue as long as I show an evidence to my employer that my ILR application is being processed?

I will appreciate you help. Looking forward to hearing from you.
Take Care

Re: Continuity of work while ILR application is being processed

Posted: Sun Apr 26, 2020 3:34 pm
by CR001
That guidance only applies to tier 2 and not ilr.

If you make an in time application, your current existing visa conditions continue while ho is processing your application.