Exempt visas: Section 8A of the 1971 Act

[lear]

Hello,

I currently hold the EXM4(f) visa and will be applying for either the skilled worker or global talent visa soon. Given the visa processing times in the UK right now, I am worried that my vignette will expire before the decision regarding my application was made. Since this is not a typical visa type when the extension is given for the period of the application, I would like to know whether it would be legal for me to stay in the UK in that case. One person referred me to the Section 8A of the 1971 Act: https://assets.publishing.service.gov.u ... annexc.pdf
Do I interpret it right in assuming that I automatically have 90 extra days during which I can legally be employed and stay in the UK? Does anyone know whether there have been any changes to this act?

[manci]

section 8A of the 1971 Act states that when a person's exemption ceases he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.

Interestingly the 2004 IDI Annex C which you linked in your post adds that he would be deemed to have been given leave to remain in the United Kingdom for a period of 90 days, without a prohibition on employment, beginning on the day on which he ceased to be exempt. The 1971 Act s8A is silent about employment.

In any case, even if the IDI is taken to be correct you would have difficulty proving to an employer that you have the right to work and this would need to be confirmed by UKVI.

As application processing of a skilled Worker visa may take up to 8 weeks it may be prudent in your case to use a priority service.