Immigration status during judicial review

[kimxe08]

Good afternoon members,
I am new here.
I was in work permit before my visa expired on 10th of September 2017. My company's Tier2 licence was revoked last year in 2016. Had not get any curtailment letter before visa expired and i was working with the same company. I got a letter from Home Office on 10th of August 2017 saying my visa is due to expires soon so if i wish you stay here legally, i need to make an application.
I made an FLR (O) application 4th of September (before 6 days of visa expired, they received on 7th) which was sent by post. I got the acknowledge and bio-metric letter together. Done by bio-metric yesterday.
My question in this situation are:
Can i work for any company as my previous status was business manager 39 hours in a week?
Or i cant work as my previous company's licence was revoked? Revoked licence does it make any difference in previous status case ? Its written clearly in the form FLR(O) that during the application time your status will be same as previous status.
Please your answers will be appreciated highly.
Kind Regards,
Kimxe

[CR001]

Can i work for any company as my previous status was business manager 39 hours in a week?

No you cannot.

On what basis or reason have you applied FLR(O)?? Also, FLR(O) is no longer a form that is available. What form exactly did you submit?? Was it FLR(HRO)???

What is your full UK immigration history?

[kimxe08]

Came UK in 2011 as student. Finished Master and got Tier 2 (G) in 2014. Company Licence suspended in 2016 May and revoked on October 2016. Did not get any curtailment letter but i got letter and email from home office saying your visa is due to expired after 1 month so you need to do fresh application to stay here. I applied FLR(HRO) before 6 days of visa expired on the basic of Article 8 as my wife's parents are in the process of settlement visa entry clearance.
I heard, i can work during the application as the form saying your status will be same as previous. I am waiting your valuable feedback please.
Kind Regards,

[CR001]

Article 8 as my wife's parents are in the process of settlement visa entry clearance.

What do you mean by this?? How is article 8 relevant to parents who are abroad and don't live in the UK? Are your wife's parents applying for adult dependent relative visas? Is your wife British?

I heard, i can work during the application as the form saying your status will be same as previous. I am waiting your valuable feedback please

Yes, status continues which mean you can only work for your sponsor and as they have no licence now, you are now unable to work for anyone else until you get approval on your application submitted.

[kimxe08]

Thank you so much for the reply. What does mean by can only work for previous employer plus suplimentry and secondary till the new leave awarded?

[CR001]

You can only do 20 hours per week work as supplementary employment IF you are still working and employed by your main Tier 2 sponsor.

As you are not working for your previous tier 2 sponsor, you are not able to do supplementary employment.

[kimxe08]

It is saying :
Can work only for previous employer + supplementary and secondary until new leave awarded.

My employer thought that i can work full time like when i was in Tier 2 in the previous company and can do 20 hours in a week in the same position in somewhere then the previous employer. Does it so?

[CR001]

No, you cannot do any work for any other employer until you get a new visa. As you no longer have a sponsor or are working for your Tier 2 sponsor, you cannot do supplementary work on its own.

Page 55 in the link below.

https://www.gov.uk/government/uploads/s ... _04_17.pdf

Supplementary employment
229.You do not need to inform us of any supplementary employment, as long as it is:
 in either a job which is included on the Shortage Occupation List in Appendix K of the Immigration Rules, or a job in the same profession, and at the same professional level, as the work for which your Certificate of Sponsorship was assigned; and
 no more than 20 hours per week; and
 outside of the normal working hours for which your Certificate of Sponsorship was assigned.

In addition, you must continue to work for your sponsor in the job recorded on your Certificate
of Sponsorship.

[kimxe08]

Dear members,
My FLR HRO has been refused last week with no right of appeal. I decided to go with judicial review as per lawyer suggested. I sent Pre action protocol (PAP) to home office by post and email. I have PAP automatic receipt from them by email.
What will be my immigration status during this process? Can they detained me if I have already in the process of JR?
I am eagerly waiting your Genuine response. I am really having a hard time.

[CR001]

Topics Merged (click to read)

[CR001]

What will be my immigration status during this process?

You don't have one. JR is not a process that falls under the immigration rules so you do not have Section 3C protection.

What was the basis of your FLR(HO) application?

What was the exact reason for refusal in the letter?

[kimxe08]

Thank you for your quick reply.
Can they detained or remove me from UK if I have already applied for JR which is in process till the decision?

[CR001]

What was the basis of your FLR(HO) application?

What was the exact reason for refusal in the letter?

[kimxe08]

They said claim has been unfounded under sec94 giving reasons of family and private life in UK.
My partner parents are in the process of entry clearance from settlement/ Ex Armed Force UK but not decided yet. It was mentioned in our FFL application too.

[CR001]

My partner parents are in the process of entry clearance from settlement/ Ex Armed Force UK but not decided yet. It was mentioned in our FFL application too.

This would be irrelevant as they are not in the UK.

[CR001]

https://assets.publishing.service.gov.u ... 3_0EXT.pdf

[kimxe08]

My worry is they can detained me during my JR process or not?