Getting original documents back

[hnt201]

Hello all,

This is my first time posting and I would really appreciate some help regarding whether my partner has the right to work during her appeal process. She came her on a Tier 4 visa and then attempted to switch to an Unmarried partner visa. Currently has a valid Tier 4 visa until January 30th 2016.

1.She applied for an unmarried partner visa on October 6th 2014
2.Denied on the 17th December 2015 for failing to provide additional information (legal reps never received it)
3.entered the appeal process on 29th Dec 2015

As the appeal process will undoubtedly run well beyond the expiry of her Tier 4 visa (30th Jan 2016) will her right to work be extended during the appeal process?

Really appreciate any guidance on this,

Henry

[vinny]

Her Tier 4 leave, with any work conditions, will be treated as continuing.

[hnt201]

Many thanks for that Vinny. The reason I was confused was because in the Home office guidelines in section 3C it states:

Section 3C does not apply if:
 an application is decided before the applicant’s existing leave expires, or
 an applicant’s leave has already expired by the time they apply for further leave (an out
of time application).

As the 'decision' was made before her Tier 4 leave expired does this mean she does not have the right to work? Or is the application not decided as we have appealed?

Thanks in advance I really appreciate it.

[vinny]

Yes. You are correct. If her leave wasn't curtailed, then section 3C is not in force. Previously, she would also not have gotten a right of appeal while she still had leave remaining.

Perhaps Obie or others may know more.

[hnt201]

Thank you for your swift response. So in your opinion if we wish to safeguard her right to work under her Tier 4 visa should we withdraw our appeal and submit a fresh application before her Tier 4 visa expires? That way a decision will be made after her Tier 4 visa is no longer valid and guarantee her rights under section 3c if we were to go to an appeal again?

Again thanks so much for your help.

[vinny]

If Section 3C is not in-force, then I don't think that she has to withdraw her appeal in order to make a new application.

[hnt201]

Am i correct in thinking however that submitting a fresh application before the expiry of her tier 4 visa will safeguard her right to work under section 3C so long as the decision is made after the expiry of her visa?

thanks again

[hnt201]

Hello,

I was hoping someone could advise me on how long it takes to receive your passport and visa after a successful appeal?

We received the judges decision allowing our appeal on the 4th May. The HO have not appealed within the 2 weeks they are given and now we are sitting and waiting for the return of passport and visa etc.

Is there a typical timeframe for this process?

Thanks in advance.

[hnt201]

Any ideas how long? Been waiting almost two months.

[hnt201]

Hello,

We received my partners BRP permit on the 8th of August. I was wondering if is normal to receive this before we get her passport back?

Sorry for the question, she has been without her passport for over 2 years now so we are desperate and so excited to nearly be there!

Thanks in advance.

[CR001]

Supporting documents are sent separately to the BRP cards.

[hnt201]

Thank you for your swift response. I will just sit tight and await the passport

[Mirrorinuk]

Hi,
Congratulations.
Could I know how long it took you received other supporting documents after the BRP.

Thanks in advance