Right to work while awaiting appeal acknowledgement.

[AceVenture]

Hi all,

As we know, I am refused for PSW<T1E.

Appealed on 30th April, still waiting acknowledgement from tribunal.

My wife has been suspended from work, although we hv provided an fax confirmation receipt of sending the appeal to tribunal.

The refusal letter says that if I appeal, I retain my previous immigration terms and conditions.

It has been 2 weeks so far.

Thanks.

All suggestions are most welcomed.

[penny1012]

Hi,

You will need to convince your wife's employers which will be difficult as they might not be aware of the relevant rules. Try tell them about the section below, hope this helps and best of luck.

To prevent people becoming overstayers while exercising a right ofappeal against a decision to curtail or to revoke leave to enter or remain, section 11 of the Immigration, Asylum and Nationality Act 2006 added a section 3D to the Immigration Act 1971. When leave to enter or remain is curtailed or revoked, section 3D extends it while an Immigration Appeal could be brought or is pending.

[vinny]

Did your wife make an in-time valid application for leave to remain too?

[maxwake]

previous status would remain until appeal has been decided.

[sheraz7]

If you appealed in time then till decision you can work.

[Mr Legal]

Hi,

You will need to convince your wife's employers which will be difficult as they might not be aware of the relevant rules. Try tell them about the section below, hope this helps and best of luck.

To prevent people becoming overstayers while exercising a right ofappeal against a decision to curtail or to revoke leave to enter or remain, section 11 of the Immigration, Asylum and Nationality Act 2006 added a section 3D to the Immigration Act 1971. When leave to enter or remain is curtailed or revoked, section 3D extends it while an Immigration Appeal could be brought or is pending.

I think its section 3C.

[AceVenture]

Did your wife make an in-time valid application for leave to remain too?

Hi Vinny,

Yes she did. Infact all my dates of application and appeal are in lines of what's needed.

Also, the tribunal fee has been deducted yesterday.

If I could get a link to a policy of UKBA that I could show the employer it cud be gr8.

Many thanks.

[vinny]

Click on my previous link and those relating to Section 3C.