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Work permission under appeal case of tier 1 entrepreneur

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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sskhalsa
Junior Member
Posts: 55
Joined: Fri Jun 21, 2013 9:08 pm

Work permission under appeal case of tier 1 entrepreneur

Post by sskhalsa » Fri Jun 21, 2013 9:20 pm

Hello Friends

I had applied my visa Tier 1 entrepreneur visa after PSW on 25/06/2013 and i got refusal letter from UKBA on 2/06/2013. Now on 11/06/2013 i made appeal against UKBA decision i am still wating for hearing date of court.

I am working in construction firm they are asking me about my visa. i told them my case is under processing in court.

Do i have work permission under appeal case?

Please suggest me as soon as possible. send me link where i can read all information about work right under appeal case.

Thanks

RizKCB
Member of Standing
Posts: 320
Joined: Mon Mar 15, 2010 7:14 pm
Mood:
Pakistan

Post by RizKCB » Fri Jun 21, 2013 9:26 pm

Fully read your refusal documents, you may find your answer there.

sskhalsa
Junior Member
Posts: 55
Joined: Fri Jun 21, 2013 9:08 pm

Work permission under appeal case of tier 1 entrepreneur

Post by sskhalsa » Fri Jun 21, 2013 9:29 pm

there is nothing mention in refusal letter for work permission during appeal.

toby23
Junior Member
Posts: 81
Joined: Wed May 29, 2013 10:36 am

Post by toby23 » Sat Jun 22, 2013 12:42 am

Get a letter from your lawyer , yes you still have a valid PSW, till the judge makes a decision on your application.. Feel free to work...

Your lawyer or you can print the appeal guideline from UK BA website, which clearly states that under the appeal process your immigration status remains the same.


Toby

raghunadh72
Newly Registered
Posts: 2
Joined: Sun Jun 23, 2013 9:20 pm

You are eligible to work in uk

Post by raghunadh72 » Mon Jun 24, 2013 2:45 pm

When you apply for a visa from the UK. Until you get the final decision on the application you made, You fall under your old visa rules. That means you are eligible to work under the Post Study Work rules.

I'll search for the link and I'll forward once I found it.

Mrchaany
Senior Member
Posts: 533
Joined: Sun Jun 23, 2013 11:52 pm
Location: Reading

Post by Mrchaany » Tue Jun 25, 2013 12:55 am

please you done some mistake about when you applied and when you refused

dates to be confirm please

omairsunny
Newly Registered
Posts: 25
Joined: Tue Nov 13, 2012 10:30 am

Re: You are eligible to work in uk

Post by omairsunny » Tue Jun 25, 2013 4:48 pm

raghunadh72 wrote:When you apply for a visa from the UK. Until you get the final decision on the application you made, You fall under your old visa rules. That means you are eligible to work under the Post Study Work rules.

I'll search for the link and I'll forward once I found it.
Can you plz post the link regarding work permission on ukba wesite as i am going through the same situation and need to provide this information to my employer, many thanks

gulrose786
Junior Member
Posts: 81
Joined: Thu Mar 14, 2013 5:42 pm

Re: You are eligible to work in uk

Post by gulrose786 » Tue Jun 25, 2013 6:25 pm

omairsunny wrote:
raghunadh72 wrote:When you apply for a visa from the UK. Until you get the final decision on the application you made, You fall under your old visa rules. That means you are eligible to work under the Post Study Work rules.

I'll search for the link and I'll forward once I found it.
Can you plz post the link regarding work permission on ukba wesite as i am going through the same situation and need to provide this information to my employer, many thanks
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

READ NUMBER9

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Re: Work permission under appeal case of tier 1 entrepreneur

Post by Lola22 » Tue Jun 25, 2013 10:47 pm

If your current visa has expired and your new visa application refused, then you no longer have leave to remain under your old category. You do not have the right to work until your appeal is successful.

Good luck.

Entrepreneur9
Member of Standing
Posts: 290
Joined: Sat Mar 02, 2013 11:14 pm

Re: Work permission under appeal case of tier 1 entrepreneur

Post by Entrepreneur9 » Tue Jun 25, 2013 11:00 pm

Where does it say that you cannot work until the appeal decision is made?
Lola22 wrote:If your current visa has expired and your new visa application refused, then you no longer have leave to remain under your old category. You do not have the right to work until your appeal is successful.

Good luck.

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Re: Work permission under appeal case of tier 1 entrepreneur

Post by Lola22 » Wed Jun 26, 2013 3:47 pm

I understand that there should be right to work in such circumstances but right to work nowadays depends on what the UKBA write when your employer request for your right to work status.

Unfortunately, UKBA do not rely on what the rules or policy says. They draft their reply letter in a way that will hold the employer liable if they continue to employ the person concerned ( that is when persons leave to remain has expired).

In most cases, you continue to work so far yr employers do not check your status or if they had checked earlier when you still had leave to remain.

If we can challenge this, it will be great. Some people whose application is still pending has been out of work just because their leave to remain has expired, this sometimes depends on where you work.

Tier 1 applicant, should be careful in challenging the right to work status. (but they can continue with their business).

I hope this helps.

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Re: Work permission under appeal case of tier 1 entrepreneu

Post by Lola22 » Wed Jun 26, 2013 4:17 pm

@ sskhalsa

If you have told your employer that your case is under processing in court and if they have accepted it. Please, don't raise the matter up again unless, they ask you to submit evidence that your matter is in court and if you can still work.

If your employer do confirm, please, keep us updated with the outcome.

I wish you the best.

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Re: Work permission under appeal case of tier 1 entrepreneur

Post by babylondoner » Thu Jun 27, 2013 8:12 am

Lola22 wrote:I understand that there should be right to work in such circumstances but right to work nowadays depends on what the UKBA write when your employer request for your right to work status.

Unfortunately, UKBA do not rely on what the rules or policy says. They draft their reply letter in a way that will hold the employer liable if they continue to employ the person concerned ( that is when persons leave to remain has expired).

In most cases, you continue to work so far yr employers do not check your status or if they had checked earlier when you still had leave to remain.

If we can challenge this, it will be great. Some people whose application is still pending has been out of work just because their leave to remain has expired, this sometimes depends on where you work.

Tier 1 applicant, should be careful in challenging the right to work status. (but they can continue with their business).

I hope this helps.
lola22 is right here.

where i work at the moment, about 5 people have had their jobs terminated because they had their applications refused and the company wasnt comfortable with them continuing with their job while their appeal is pending.

i guess it must have to do with some certain wording received in the letters from UKBA when they carried out right to work checks (which my employer carries out really often).

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Thu Jun 27, 2013 8:15 am

toby23 wrote:Get a letter from your lawyer , yes you still have a valid PSW, till the judge makes a decision on your application.. Feel free to work...

Your lawyer or you can print the appeal guideline from UK BA website, which clearly states that under the appeal process your immigration status remains the same.


Toby
some companies accept this while others dont.

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