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Working on Tier 4 Visa while new application is decided

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

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CDNgirl
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Posts: 51
Joined: Tue Oct 02, 2012 1:23 pm
Location: Surrey

Working on Tier 4 Visa while new application is decided

Post by CDNgirl » Tue Oct 02, 2012 1:36 pm

Hi guys, I'm sorry if this has already been answered, however I have searched everywhere and can not find an exact answer to my situation.

I am currently on a Tier 4 student visa which is due to expire at the end of November, however I have recenelty applied (Sept 25th) for my Unmarried partners visa FLR(M). The visa application itself should not be a worry (although I've been told to strap in as it's going to be a long wait) I just wanted to find out if I can continue to work?

My student Visa allowed me to work 20 hours during term time, and then full time once the course was completed (June 2012) So I have been working full time on a temporary contract since June, but can I continue to do so now that I have applied for my new visa? I read on the UKBA website that I can work 4 months after my course finished or up until my visa expires, whichever is sooner...so my question is, now that I've made a new application can I continue to work full time until a decision has been made?

Any help would be much appreciated as I'm stressing!

Many Thanks!

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bruteforce
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Re: Working on Tier 4 Visa while new application is decided

Post by bruteforce » Wed Oct 03, 2012 11:21 pm

CDNgirl wrote:Hi guys, I'm sorry if this has already been answered, however I have searched everywhere and can not find an exact answer to my situation.

I am currently on a Tier 4 student visa which is due to expire at the end of November, however I have recenelty applied (Sept 25th) for my Unmarried partners visa FLR(M). The visa application itself should not be a worry (although I've been told to strap in as it's going to be a long wait) I just wanted to find out if I can continue to work?

My student Visa allowed me to work 20 hours during term time, and then full time once the course was completed (June 2012) So I have been working full time on a temporary contract since June, but can I continue to do so now that I have applied for my new visa? I read on the UKBA website that I can work 4 months after my course finished or up until my visa expires, whichever is sooner...so my question is, now that I've made a new application can I continue to work full time until a decision has been made?

Any help would be much appreciated as I'm stressing!

Many Thanks!
Yes you can carry on working as per terms of your previous visa until you get a decision from UKBA.

CDNgirl
Junior Member
Posts: 51
Joined: Tue Oct 02, 2012 1:23 pm
Location: Surrey

Post by CDNgirl » Tue Oct 09, 2012 12:53 pm

Thank you for your reply - let the waiting begin...

chquin
Newly Registered
Posts: 6
Joined: Tue Jan 22, 2013 9:11 pm
Location: London

Post by chquin » Fri Feb 15, 2013 3:12 am

Hi everyone,

I posted this in another forum but thought I'd try here as well.

I've been a silent follower since submitting my application in early January. I've been applying for some jobs while waiting for everything to be processed (under the terms of my extended Tier 4 Student visa I can work) and was recently offered a full-time permanent position. As is procedure, they used the Employers Checking Service Request at the UKBA to confirm my eligibility to work. The UKBA did indeed say I can work but also advised of an additional restriction that I wasn't aware of: "the work you do must not fill a full-time permanent vacancy".

For the time being the company has asked that I submit paperwork from my old uni that indicates that I am no longer a student and then take it from there.

Has anyone encountered this? Not being able to accept a full-time permanent position while on a Tier 4 visa? Any advice?

--
Timeline for Tier 4 to FLR(M) Spouse
Applied: 3 Jan 2013
Appl ack'd: 7 Jan 2013
Payment taken: 11 Jan 2013
BM letter dated: 31 Jan 2013 (arrived 7 Feb 2013)
BM given: 8 Feb 2013 (Holborn)
FLR(M) granted: waiting
Docs rec'd: waiting

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Feb 15, 2013 8:57 am

The employment checking service is correct and this applies regardless of whether you have finished your course or not. You can work full time if your course is complete but you cannot fill a full time permanent vacancy.

CDNgirl
Junior Member
Posts: 51
Joined: Tue Oct 02, 2012 1:23 pm
Location: Surrey

Post by CDNgirl » Fri Feb 15, 2013 9:26 am

Agreed - as long as you are waiting for your application to be decided and are still on the Tier 4 visa you can not take up full time permanent vacancy. You can work full time, but your employer will need to hire you on the basis that they are aware of your situation and will be hiring you until a decision is made on your application.

Once your application has been approved, you can get them to change your contract.

I was working on my Tier 4 visa after I had finished studying and my work were fully aware of what was going on and did not take me on permantely. Once my application was approved they wrote me up a new contract with all my new status details which allows me to work full time in a permanent position.

As long as your work is fine with it, you should have no issues.

chquin
Newly Registered
Posts: 6
Joined: Tue Jan 22, 2013 9:11 pm
Location: London

Post by chquin » Sun Feb 17, 2013 7:51 pm

thanks for the advice - it was very helpful. i'm going to speak to them tomorrow to see if they are willing to offer the post on that basis. *fingers crossed*

CDNgirl
Junior Member
Posts: 51
Joined: Tue Oct 02, 2012 1:23 pm
Location: Surrey

Post by CDNgirl » Mon Feb 18, 2013 1:39 pm

Good luck! Let us know how you get on!!

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