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Right to work when application in process

General UK immigration & work permits; don't post job search or family related topics!

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s_raj11
Junior Member
Posts: 75
Joined: Sat Oct 08, 2011 10:03 am

Right to work when application in process

Post by s_raj11 » Fri Jul 06, 2012 9:40 am

I am Tier 1 General and my wife as my dependent. My visa is expiring on 10th of August and as am eligible to apply for ILR under 1o yrs rule have applied it in May and am awaiting decision.

My wife who is a dependent is also making an application today for a dependent visa. She is working today and even her visa will be running out on same day. Her employer wants a confirmation or something written in the HO website.

Could some one suggest what is the best thing for us to do and how is it best possible to get the information that she is legally eligible to work while her application is pending with HO.

Your advice and suggestions are much appreciated.

Thanks in advance

Regards

tier1_aspirant123
Member
Posts: 148
Joined: Tue May 18, 2010 7:41 pm
Location: london

Post by tier1_aspirant123 » Fri Jul 06, 2012 10:27 am

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"It is often not possible to decide an application for an extension of leave until after the
period of leave has expired. To prevent applicants from becoming overstayers
through no fault of their own, section 118 of the Nationality, Immigration and Asylum
Act 2002 introduced an amended section 3C into the Immigration Act 1971. 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"


http://www.ukba.homeoffice.gov.uk/visas ... -stay/#url

"What is my immigration status while my application is being decided?
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided."
Tier1 Aspirant

s_raj11
Junior Member
Posts: 75
Joined: Sat Oct 08, 2011 10:03 am

Post by s_raj11 » Fri Jul 06, 2012 10:38 am

tier1_aspirant123 wrote:http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"It is often not possible to decide an application for an extension of leave until after the
period of leave has expired. To prevent applicants from becoming overstayers
through no fault of their own, section 118 of the Nationality, Immigration and Asylum
Act 2002 introduced an amended section 3C into the Immigration Act 1971. 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"


http://www.ukba.homeoffice.gov.uk/visas ... -stay/#url

"What is my immigration status while my application is being decided?
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided."

Thanks a lot for the information.

Regards

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