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What is my immigration status while my application is being

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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maidy
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What is my immigration status while my application is being

Post by maidy » Sat May 08, 2010 5:41 pm

"Close If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided."

Anyone knows which Act/Law/Rules this para refers to and which relevant section/chapter of that Act/Law/Rules.
Maddy

geriatrix
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Post by geriatrix » Sat May 08, 2010 5:58 pm

IDI > Chapter 1 > Section 5 wrote:It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

To benefit, a person must have existing leave to enter or remain at the time when their valid application is made. Section 3C then prevents such an applicant becoming an overstayer during the period in which their application for a variation of leave remains undecided and, thereafter, while an appeal against any refusal could be brought or is pending.
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maidy
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Posts: 112
Joined: Wed Sep 05, 2007 10:54 am
Location: U.K
Contact:

Post by maidy » Sat May 08, 2010 7:33 pm

Thanks Very Much.........Now i'm able to write back to my employer in reply to a letter in which they 've advised me not to come to work till i got any decision form Home Office.
Maddy

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