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Right to work while 2nd application in process

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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softwareluv
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Posts: 129
Joined: Thu Jun 06, 2013 10:54 pm
India

Right to work while 2nd application in process

Post by softwareluv » Fri Feb 03, 2017 10:20 am

Hi guys,

Can someone please tell me what do they think in this case:

If your first extension application is rejected, then AR is rejected and you make fresh application within 14 days( but your initial visa is already expired). Are you still allowed to continue with your work under your own company or you should stop working completely?

As I understand, we have many clients, and we cannot suddenly stop service for all clients until we know that for sure. But also it is important to comply with immigration rules. But not sure what is right my right to work now?

Raj

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Right to work while 2nd application in process

Post by zimba » Fri Feb 03, 2017 1:28 pm

If your first extension application is rejected, then AR is rejected and you make fresh application within 14 days( but your initial visa is already expired). Are you still allowed to continue with your work under your own company or you should stop working completely?
No, you do not have any right to work when you are an overstayer.
When you apply an out-of-time application there is no section 3C to cover you during the process, so you are an overstayer without the right to work
As I understand, we have many clients, and we cannot suddenly stop service for all clients until we know that for sure. But also it is important to comply with immigration rules. But not sure what is right my right to work now?
If you applied an out-of-time application, you do not have any right to work. You should not work or else you are in breach of immigration rules.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

softwareluv
Member
Posts: 129
Joined: Thu Jun 06, 2013 10:54 pm
India

Re: Right to work while 2nd application in process

Post by softwareluv » Fri Feb 03, 2017 1:38 pm

When you say I should not work, does it mean I should be resigning as Director of the company?
If so who will look after business and while my application is in process, will they not check my directorship status in my company?

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zimba
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Re: Right to work while 2nd application in process

Post by zimba » Fri Feb 03, 2017 2:26 pm

softwareluv wrote:When you say I should not work, does it mean I should be resigning as Director of the company?
If so who will look after business and while my application is in process, will they not check my directorship status in my company?
You must NOT take any salary for the start. Do not resign. Suspend your work if you can until your visa is granted
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

seasky
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Posts: 1077
Joined: Sun Nov 13, 2011 10:01 pm
United Kingdom

Re: Right to work while 2nd application in process

Post by seasky » Fri Feb 03, 2017 7:01 pm

Being a director in itself is not employment
Write a resignation letter to your board. You are stopping employment effective immediately but will act for the success of the company in your capacity as a director. Stop all PAYE to yourself

noajthan
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Location: UK

Re: Right to work while 2nd application in process

Post by noajthan » Fri Feb 03, 2017 7:28 pm

softwareluv wrote:When you say I should not work, does it mean I should be resigning as Director of the company?
If so who will look after business and while my application is in process, will they not check my directorship status in my company?
Delegate to staff. Delegation is art of management.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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