Right to work while waiting for my application

[rainbow100]

Hello ,

I have made an flr(m) application on Dec 2016 but haven't for my acknowledgement / biometric letter yet and my employer now has suspended from work as they are unable to carry out the ECS , Am I allow to work?

[CR001]

What visa did you hold before FLR(M) was submitted?

Did you submit FLR(M) before your previous visa expired?

[secret.simon]

Provided the application was made on or before the last date of your previous visa, you will be covered under Section 3C leave and hence your pre-existing leave is extended. If your previous leave gave you the right to work, that would extend under Section 3C.

Any application made after your leave expired, even if within the 14 day grace period, is not covered under Section 3C and hence if the application was submitted after the date of your leave expiring, even if it was the day after, then you have no extant leave and you are technically an overstayer with no right to work.

[rainbow100]

Hello
Thank you very much for your response. I had a spouse visa before and I have applied before my existing visa get expired , Date wise :

Visa Expiry Date: 02/01/2017
Application Made on: 12/12/2016
Since then I haven't got anything neither acknowledgement letter nor biometric letter, and its almost 7 weeks now the issued published standard service is 8 weeks I have been suspended from work on the same day when my visa expired though by the time I have already applied for the visa . I extremely worried now as I have no job and there's no sign of getting the letter. I have been ringing UKVI almost every single day but the uncooperative service provider always responded that I have to wait

[CR001]

Unfortunately, for many who applied in December, the holiday period has caused a delay. Your exact same work rights remain in place if you applied before your visa expired.

The employer check should have given your employer confirmation etc.

[rainbow100]

Hello ,
Thanks again. I told to my employer that I still have a right to work as per the Immigration rule, but they have completely denied this fact and keep on asking the home office reference number which I do not have , as there is no communication from the home office since then. As the employer said in order to carry out ECS they need the Case ID from home office , I have also provided the post office receipt as a proof, but all in vain as they do not consider that as a proof . What shall I do?