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Work after the visa expiry date if application submitted

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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jamshe
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Work after the visa expiry date if application submitted

Post by jamshe » Mon Feb 29, 2016 3:08 pm

Hi,

I've been needing to travel for work and haven't been able to give up my passport. I also have another work trip upcoming and won't be back until 3 days before my visa expires. If I apply 2 days before my visa expires

1) Am I able to stay in the country until I hear back?
2) Am I able to still work?
3) If they reject my extension how long do I have to leave? I've read on these forums about a 90 day grace period, is this only for staying or waiting for applications? or working as well?
4) If we have to leave but are unable (My wife is pregnant) what are our options?

Thanks in advance - James

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CR001
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Re: Work after the visa expiry date if application submitted

Post by CR001 » Mon Feb 29, 2016 3:14 pm

1. Yes, if you apply for an extension before on or before your visa expiry date

2. Yes, section 3C will be engaged

3. Depends, usually between 7 and 28 days. If you have no valid visa, there is no 'grace period'. If you visa extension is refused, you can't work.

4. You should leave. There are no options. Having a baby in the UK does not entitled you to anything as the child won't be British. You and your family will also not be eligible for free NHS and will have to pay 150% of the costs of all treatment.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

jamshe
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Joined: Sun Feb 28, 2016 5:55 pm

Re: Work after the visa expiry date if application submitted

Post by jamshe » Thu Mar 03, 2016 10:12 am

Thanks for the quick reply

Could you please explain what secion 3c is or where I could find out some more information.

Re my wife's pregnancy I should have mentioned that she is above 30 weeks and is unable to fly, can we just switch to a tourist visa and not work as we're Australian so covered by reciprocal heath care agreement and shouldn't have to pay.

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CR001
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Re: Work after the visa expiry date if application submitted

Post by CR001 » Thu Mar 03, 2016 10:25 am

Section 3C means if you have submitted an in time application your existing visa conditions continue.

https://www.gov.uk/government/uploads/s ... _clean.pdf

No, you cannot 'switch' to a visitor visa within the UK. You also cannot get free NHS as a visitor (regardless of your nationality), you will be charged 150% of the cost.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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