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Right to work when application is still with Home Office

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Onobhoebhin
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Joined: Wed Jun 13, 2012 10:26 am

Right to work when application is still with Home Office

Post by Onobhoebhin » Wed Jun 13, 2012 10:48 am

Hi, Everybody,

I am facing a big problem at my work place. My student visa will soon expire and I am waiting for my PSW permit with the Home office. I applied before the expiration of my student Visa and have done my biometric.

I am just waiting for Visa back. My company want to sack me even when I have submitted documents of confirmation of visa application and biometric.

Do i have a right to work when my application is still under processing? Can any body explain more to me sections 3c and 3d of Immigration Act 1971 (as amended) regarding this issue.

Thanks

Furqan Chohan
- thin ice -
Posts: 81
Joined: Sat Apr 14, 2012 10:07 am

Post by Furqan Chohan » Wed Jun 13, 2012 11:13 am

When did you apply for visa and biometric ??

Onobhoebhin
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Posts: 3
Joined: Wed Jun 13, 2012 10:26 am

Post by Onobhoebhin » Wed Jun 13, 2012 11:34 am

I applied in Second week of March,

Onobhoebhin
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Posts: 3
Joined: Wed Jun 13, 2012 10:26 am

Post by Onobhoebhin » Wed Jun 13, 2012 11:36 am

and I did biometric on May 2nd

narender28
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Joined: Sun Dec 25, 2011 10:34 am

Post by narender28 » Wed Jun 13, 2012 11:50 am

dont worry..

I dont remember the rule but I was in the same situation couple of years ago. I kept working without any issues during that period and I think I got my visa stamped after a month and half. Just go through the ukba guidelines if you cant find it just call them and they will tell u. u can even ask your employer to call ukba and verify that u r allowed to work. hope it atleast relieved u a bit though this info is not that helpful

geriatrix
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Re: Right to work when application is still with Home Offic

Post by geriatrix » Wed Jun 13, 2012 12:50 pm

Onobhoebhin wrote:Can any body explain more to me sections 3c and 3d of Immigration Act 1971 (as amended) regarding this issue.
As many applicants normally experience, it is often not possible to decide an application for leave to remain until after the period of (applicant's current) leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing" with same terms and conditions attached.
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