Right to work

[Gesh2021]

I have a situation in which i had made a PhD extension till july 2023. Our applications are successful but my partners work conditions on the mail say "not allowed to work or engage in business in UK" . We are still awaiting BRP. Can we send it for admin review for BRP work conditions error, but in the mean time can my partner still continue to work as per his previous work condition rights? We are very worried as the review will take some time to get back to us. Also, how long will this review take anyone any idea?

[vinny]

I have a situation in which i had made a PhD extension till july 2023. Our applications are successful but my partners work conditions on the mail say "not allowed to work or engage in business in UK" . We are still awaiting BRP. Can we send it for admin review for BRP work conditions error, but in the mean time can my partner still continue to work as per his previous work condition rights? We are very worried as the review will take some time to get back to us. Also, how long will this review take anyone any idea?

Yes, try replying via the email or request a reconsideration or an AR?

The employer may use Employer checking service to check.

[Gesh2021]

Thanks Vinny, just to reclarify, he can continue to work as his employer checks him , right? But they will check through VPN , and will we get a VPN when we submit the admin review? Our initial bRP was till jan 2023 . So as the admin review happens he can keep working. Right? Is it mandatory to inform HR? Or is it okei to inform after the result comes from the review with the ammended BRP card?

[Gesh2021]

Also let me know , in my case is it an error?

[vinny]

ST 39.3. The grant will be subject to all the following conditions:

(b) work (including self-employment and voluntary work) is permitted except:

• (i) where the dependant meets the requirement at ST 31.1.(d) and the Student has been granted less than 9 months’ permission, unless that is to continue a course of study where they had previously been granted at least 9 months’ permission; or
• (ii) where the dependant meets the requirement at ST 31.1.(d) and the Student is studying a course below degree level; or
• (iii) no employment as a professional sportsperson (including as a sports coach); and

[Gesh2021]

Thanks for this link.

[vinny]

Was it an error?

[Gesh2021]

Yes , as my husband was my dependant from 2018 when i enrolled in my course. So though the extension is a 6 months extension yet this is a course where i as a full time student have been given the permission for a period of 4 years earlier. My visa was till jan 2023, because i thought home office is taking longer time to process i took the extension now. So i believe this is an error as per yhe conditions in the link. Whats your thoughts on this ? Please share.

[vinny]

Yes. I think you may be right, as there are both “except” and “unless” (double negatives?) in the ST 39.3.(b)(i)? Need to break down the logical semantic interpretation of the clause. Perhaps you can ask some logic professors to assist at your college? They may give a rigorous deductive proof to show that he’s allowed to work?

Please do share the proof and results after you challenge the caseworker.

[Gesh2021]

Is my understanding wrong? Oh no. I m not sure then. Please tell me what to do. I can only say its not a new course, else what proof do i show? I am not sure about your reply. I thought this was an error. Is it not?

[Gesh2021]

Is my understanding not right? Is it not an error? I didnt quiet understand your explanation. I was thinking this is an error. Please help.

[vinny]

I agree with you in thinking that they have made an error.

[Gesh2021]

Thanks Vinny for reclarifying. Lets see.

[sah10406]

It seems to be a common error, and there are several existing topics about it.

[Gesh2021]

Any idea Sah10406, how long admin review takes, and what are HR policies regarding this

[sah10406]

Any idea Sah10406, how long admin review takes,

See https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

and what are HR policies regarding this

That's a question for them, but I imagine they cannot have someone working there who has a work prohibition. It is hihgly likely that they will need to stop work, even if the prohibition is wrong and is in the process of being corrected.

[Gesh2021]

Can you tell me if I can ask reconsideration on email and also fill up Admin review at the same time?

[vinny]

Some just report that it’s an BRP error.

[Gesh2021]

Thank you Vinny ! This sounds comforting as AR is a lengthy process.

[sah10406]

Thank you Vinny ! This sounds comforting as AR is a lengthy process.

The information Vinny has linked to confirms that it would be an AR anyway:

Mistakes in the length or conditions of your visa
If you applied for your visa from inside the UK, you can ask for an administrative review.

[Gesh2021]

Oh it will be an AR? Can we also mail them with the AR filed reference number? I heard its taking a long time to do this AR.

[devbistt]

Hi @Gesh2021 , Can you please advise if you were able to get this corrected via AR or the BRP correction team ?