Right to work when application is pending

Ifte2010 · Post by **Ifte2010** » Sat Mar 30, 2013 5:29 pm

Hello there
This Ifte applied for tire 1 enterprenuer visa on 14th MArch 2013. I was in PSW which was expired 29th March but i applied 14th march2013
After that i got my acknowledgement latter which copy i have given my employer. but they i havent got any right to work as long as i got the visa,
I would like to know that am i elegible to work under this visa when my application is pendg for decisoin?
My employer says they will ask for verification from UKBA
Please give me specific link in UKBA

rehan01 · Post by **rehan01** » Sat Mar 30, 2013 5:36 pm

what was ur last leave to remain? in other words your status remain same until you get the decision from ukba so if your last leave to remain entitle you to work full / parttime in uk it will be same till you get decision on your application.

regards

Ifte2010 wrote:Hello there
This Ifte applied for tire 1 enterprenuer visa on 14th MArch 2013. After that i got my acknowledgement latter which copy i have given my employer. but they i havent got any right to work as long as i got the visa,
I would like to know that am i elegible to work under this visa when my application is pendg for decisoin?

Ifte2010 · Post by **Ifte2010** » Sat Mar 30, 2013 5:42 pm

I was in PSW visa which expires on 29th but i applied on 14th March 2013.

rehan01 · Post by **rehan01** » Sat Mar 30, 2013 5:45 pm

Yes u have same rights of psw visa till ur tier 1 application is under consideration with ukba and u can carry on wit work too but bearing in mind you have provided contract of trading wit ur application as well.

Regards

Ifte2010 wrote:I was in PSW visa which expires on 29th but i applied on 14th March 2013.

Entrepreneur9 · Post by **Entrepreneur9** » Sat Mar 30, 2013 5:51 pm

I believe you applied via PSW route. You are legally allowed to work in the UK till the time your application is decided. If you do not get your visa for 2 years then you can still continue working for 2 years without any problem.

MNaveedonline · Post by **MNaveedonline** » Sat Mar 30, 2013 5:53 pm

Entrepreneur9 wrote:I believe you applied via PSW route. You are legally allowed to work in the UK till the time your application is decided. If you do not get your visa for 2 years then you can still continue working for 2 years without any problem.

I am Sorry my post in a wrong thread, but i want to double check my banker has made banker draft of 1020 pounds and make payable to "The home office" and i said i need only "home office", she said "the home office" is alright. is it ok.

Ifte2010 · Post by **Ifte2010** » Sat Mar 30, 2013 5:58 pm

please sed me a link i ukba

Ifte2010 · Post by **Ifte2010** » Sat Mar 30, 2013 6:12 pm

But my employer suspend me from the job cause they says i dont have any right to work.[/b]

rehan01 · Post by **rehan01** » Sat Mar 30, 2013 6:32 pm

Check this link http://www.ukba.homeoffice.gov.uk/visas ... ding-stay/

Ifte2010 wrote:But my employer suspend me from the job cause they says i dont have any right to work.[/b]

rehan01 · Post by **rehan01** » Sat Mar 30, 2013 6:33 pm

Tell your employer to check your status with ukba using ECS SERVICE

Ifte2010 wrote:But my employer suspend me from the job cause they says i dont have any right to work.[/b]

Entrepreneur9 · Post by **Entrepreneur9** » Sat Mar 30, 2013 7:08 pm

MNaveedonline : that should not be a problem according to my knowledge and experience. Good Luck

Post by **vinny** » Sat Mar 30, 2013 10:41 pm

Your leave is "treated as continuing", if you submitted a valid in-time application. However, a problem is that the UKBA may be unable to confirm your right to work.

Mr Legal · Post by **Mr Legal** » Sun Mar 31, 2013 7:27 am

Hi Ifti,

I would agree with Rehan:because under the law,you have the same status until decision of the UKBA or even (in case of refusal) till the decision of the Immigration Tribunal.It means if you have applied within due time to extend your previous stay and your previous stay allows you to work,you can enjoy the right of work until decision of the UKBA or tribunal under 3C.

But Technically,you have already declared yourself as self-employed when you have made your appliaiton for Entr:T1 which means you are no more an employee.

Post by **vinny** » Sun Mar 31, 2013 7:31 am

Mr Legal wrote:But Technically,you have already declared yourself as self-employed when you have made your appliaiton for Entr:T1 which means you are no more an employee.

How is that relevant to Section 3C?

KickAss · Post by **KickAss** » Sun Mar 31, 2013 8:58 am

Ifte2010 wrote:But my employer suspend me from the job cause they says i dont have any right to work.[/b]

You can work as per PSW guidelines untill u hear from ukba about your T1E application.
However, when ever u will get T1E, you wont be able to work for them unless they sign a contract with your company and take your services.

Mr Legal · Post by **Mr Legal** » Sun Mar 31, 2013 9:18 am

vinny wrote:
Mr Legal wrote:But Technically,you have already declared yourself as self-employed when you have made your appliaiton for Entr:T1 which means you are no more an employee.
How is that relevant to Section 3C?

S:3C allows to entertain the conditions attached to your previous status untill decision on your application.
http://www.ukba.homeoffice.gov.uk/sitec ... ction5.pdf?...

I got ur question and I think that there is no bar on anyone to work if comes under s3 but unfortunately,the category under which the member guy has applied,is Entr T1 which I believe that it does bar anyone to work as employee.

your further approach in this regard will highly be appreciated.

Legal Advisor · Post by **Legal Advisor** » Tue Apr 02, 2013 8:40 pm

But please also be mindful that if your employer asks the UKBA regarding your work status, what impression will that give to the UKBA and can potentially have unwanted consequences on the application. Logically, It can give an impression to Home office whether you want to actively trade in your business or continue working which is strictly not allowed? In other visa categories like Tier 4, PSW, Tier 1 (General), Spouse Visa etc that is understandable to keep working as these visa still allow work. But Tier 1 Entrepreneur is based on totally different conditions.

Ifte2010 · Post by **Ifte2010** » Tue Apr 02, 2013 10:13 pm

Do u think if my employer will ask to UKBA about my work permit is that affect of my application?

Legal Advisor · Post by **Legal Advisor** » Tue Apr 02, 2013 10:59 pm

No one can tell that. Just provide documentsry evidence of your legal rights to your employer and everytging should be fine.

Post by **vinny** » Wed Apr 03, 2013 12:23 am

Mr Legal wrote:I got ur question and I think that there is no bar on anyone to work if comes under s3 but unfortunately,the category under which the member guy has applied,is Entr T1 which I believe that it does bar anyone to work as employee.

You may be right.

Any conditions attached to the Tier 1 (Entrepreneur) category are not in force until leave to remain as a Tier 1 (Entrepreneur) has been granted. However, leave to remain as a Tier 1 (Entrepreneur) may be refused, if it's contrary to 245DD(h)(iv).

245DD(h) wrote:(iv) that the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DE.

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Right to work when application is pending