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Spouse visa extension right to work

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Mili234
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Spouse visa extension right to work

Post by Mili234 » Sat Oct 26, 2019 11:59 am

Hi,

I'm sorry if I am asking something that was already discussed on this forum, I couldn't find an answer I am looking for.

I applied for an extension of my spouse visa yesterday in Birmingham. The whole experience seemed a little bit unprofessional and too laid back for something so serious as immigration status.
I know it's an agency but adviser should explain my rights while I am waiting on decision that might take a while.
I haven't received any document that proves my right to work while I am waiting for my visa extension. When I asked about it, they just said "Call home office". :shock:
My problem is, my husband and I will be soon moving house and I already quit my current job because I'm moving to different city. How will I get a new job with expired residence permit? I can't rely on employers having understanding for my situation and calling Home office. :roll:

Was anyone in similar situation?

Please share your thoughts.

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Casa
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Re: Spouse visa extension right to work

Post by Casa » Sat Oct 26, 2019 12:25 pm

Your legal right to residence (and work) remains protected under Section 3c of the Immigration Rules while you are awaiting a decision on your FLR(M) application.

Please be aware that the Home Office 'helpline' is also outsourced to an agency. The call centre advisors have limited training in the Immigration Rules and frequently give flawed advice on even the simplest of immigration issues and take no responsibility for the consequences. Call them 10 times and you're likely to be given 10 different answers. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

geoeng
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Re: Spouse visa extension right to work

Post by geoeng » Sun Oct 27, 2019 7:22 am

Mili234 wrote:
Sat Oct 26, 2019 11:59 am

My problem is, my husband and I will be soon moving house and I already quit my current job because I'm moving to different city. How will I get a new job with expired residence permit? I can't rely on employers having understanding for my situation and calling Home office. :roll:
Please share your thoughts.
The government offers an online checking service for employers to verify the right to work of an employee or potential employee that has an application pending with the home office.

https://www.gov.uk/employee-immigration ... ent-status

If you have the right to work and are able to demonstrate this (which you can if you have a pending application), I imagine employers would have limited legal grounds for ignoring this.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: Spouse visa extension right to work

Post by seagul » Sun Oct 27, 2019 1:57 pm

Mili234 wrote:
Sat Oct 26, 2019 11:59 am
Hi,

I'm sorry if I am asking something that was already discussed on this forum, I couldn't find an answer I am looking for.

I applied for an extension of my spouse visa yesterday in Birmingham. The whole experience seemed a little bit unprofessional and too laid back for something so serious as immigration status.
I know it's an agency but adviser should explain my rights while I am waiting on decision that might take a while.
I haven't received any document that proves my right to work while I am waiting for my visa extension. When I asked about it, they just said "Call home office". :shock:
My problem is, my husband and I will be soon moving house and I already quit my current job because I'm moving to different city. How will I get a new job with expired residence permit? I can't rely on employers having understanding for my situation and calling Home office. :roll:

Was anyone in similar situation?

Please share your thoughts.

You shouldn't have left the job at least until your extension gets approved because HO can call your employer to verify your employment details. Also majority of new employers doesn't offer job until you obtain your visa/ILR on BRP card despite covered by section 3C.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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CR001
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Re: Spouse visa extension right to work

Post by CR001 » Sun Oct 27, 2019 2:24 pm

I know it's an agency but adviser should explain my rights while I am waiting on decision that might take a while.
I haven't received any document that proves my right to work while I am waiting for my visa extension. When I asked about it, they just said "Call home office". :shock:
They are an agency, not immigration advisors. They merely check your identity and provide biometric enrollment service.
My problem is, my husband and I will be soon moving house and I already quit my current job because I'm moving to different city. How will I get a new job with expired residence permit? I can't rely on employers having understanding for my situation and calling Home office. :roll:
Unlikely you will be able to get employment until you have your visa. Employers simply won't take the risk as they face huge fines etc if employing people with no proof of right to work.

Additionally, your brp card will be delivered to the address you stated in your form by DX courier and any letter ho send you also. If no one is there by your name, the brp card gets sent back to home office.

Given you knew you were moving cities etc and would need a new job, you would probably have been better off paying for super priority service or waited to move until you had your visa.

Standard applications take up to 8 weeks, sometimes longer.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Mili234
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Re: Spouse visa extension right to work

Post by Mili234 » Tue Oct 29, 2019 12:02 pm

Than you everyone for your answers.

I know I am in difficult situation but I have to move now. My husband and I had a lot of problems selling out house and buying another one and everything is finally completed after I submitted my application.

I don't agree that agency shouldn't give applicants information.They are the only people who you have contact with in whole process. Adviser did tell me that I should let know Home office when I change my address and I will redirect my mail to my new address. I won't let my new residence permit get lost.

My employment is not so important for my application because my husband's salary is more than enough to meet income inquiry. I would just like to work when I move.

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CR001
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Re: Spouse visa extension right to work

Post by CR001 » Tue Oct 29, 2019 12:04 pm

Adviser did tell me that I should let know Home office when I change my address and I will redirect my mail to my new address. I won't let my new residence permit get lost.
Your BRP card is not delivered by Post though. It is delivered by courier.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Mili234
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Re: Spouse visa extension right to work

Post by Mili234 » Tue Oct 29, 2019 12:57 pm

CR001 wrote:
Tue Oct 29, 2019 12:04 pm
Adviser did tell me that I should let know Home office when I change my address and I will redirect my mail to my new address. I won't let my new residence permit get lost.
Your BRP card is not delivered by Post though. It is delivered by courier.
So what is your suggestion? I will let Home office know that I changed the address.There is nothing else I can do now.

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seagul
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Re: Spouse visa extension right to work

Post by seagul » Tue Oct 29, 2019 1:45 pm

Mili234 wrote:
Tue Oct 29, 2019 12:57 pm
CR001 wrote:
Tue Oct 29, 2019 12:04 pm
Adviser did tell me that I should let know Home office when I change my address and I will redirect my mail to my new address. I won't let my new residence permit get lost.
Your BRP card is not delivered by Post though. It is delivered by courier.
So what is your suggestion? I will let Home office know that I changed the address.There is nothing else I can do now.
If you can't collect your post from your previous address then yes you should update your address with UKVI because many times even redirection of mail doesn't work correctly and your post still goes to old address.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Mili234
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Re: Spouse visa extension right to work

Post by Mili234 » Tue Dec 17, 2019 10:58 am

A feedback to my situation:

I received a letter with granted visa renewal today.

During this 7 weeks, I was looking for work. I was already registered with a temporary work agency and they didn't mind checking my right to work.
I have found a permanent job with respective employer and they weren't awkward at all with having to check my right to work.

For anyone who might be in similar situation, please don't be afraid to look for job while having expired Residence document and waiting for decision.

It might be different if you are in part of country with high unemployment rate and employers don't want to bother with this, rather replace you with EU candidate :roll:

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seagul
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Re: Spouse visa extension right to work

Post by seagul » Tue Dec 17, 2019 2:35 pm

Mili234 wrote:
Tue Dec 17, 2019 10:58 am
.

During this 7 weeks, I was looking for work. I was already registered with a temporary work agency and they didn't mind checking my right to work.
I have found a permanent job with respective employer and they weren't awkward at all with having to check my right to work.
Few years ago and maybe even now but rarely used to be some agencies who deliciously employ students/asylum seekers/those awaiting the outcome of their visa. These most often used to exist for very short duration with their current name & location who never bother to check their staff right of work even updating to tax authorities. Imagine if someone is working for them then do you think that you will get your payslips with correct tax and will they issue you employer letter which are the most important documents.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Mili234
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Re: Spouse visa extension right to work

Post by Mili234 » Tue Dec 17, 2019 6:21 pm

I understand but it very easy to do your own research on employer and stay away if something looks doggy.

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seagul
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Re: Spouse visa extension right to work

Post by seagul » Tue Dec 17, 2019 6:22 pm

Mili234 wrote:
Tue Dec 17, 2019 6:21 pm
I understand but it very easy to do your own research on employer and stay away if something looks doggy.
Correct
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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