Can GTV dependent work after visa expiry date ?

[DreamerBeliever]

Hi, advice needed.

I am a Global Talent Visa holder (exceptional talent) - with Visa expiring 17-Sept-2023. So I am planning to apply for my ILR after 21-Aug-2023 as per rules (i.e within 28 days of visa expiry)

My confusion is for my spouse who is on a GTV dependent visa, and whose visa is also expiring on 17-Sept-2023.

Background: My spouse came in this country as a T4 student visa dependent. First entry in UK for both of us was 16-Dec-2018. For my spouse, total absence period from UK in last rolling 365 days is 10 days.

Please suggest what option is most applicable to me by law?

Option-1: I apply for ILR in super-priority, get decision, then apply for my spouse's visa extension. If this is the case then what is the minimum period I get as an option to extend the dependent visa for?
Option-2: I apply for ILR in super-priority, get decision, not apply for visa extension but instead apply for spouse's ILR by taking a date around 18-Nov? If this is the case, what impact does it have on right to work?
Option-3: I apply for ILR for both together. Gap between current GTV dependent visa expiring and ILR eligibility (28-days before 16-Dec = 18-Nov) being approximately 60 days and hope Home Office grants as an exception?

If it is option-1, do I get an IHS refund once I apply for the remaining period once I apply for my spouse's ILR?

In summary, mine is clearly a borderline case, where

in the worst case scenario, I will be paying for IHS surcharge for visa extension for 2 months or

in the best case scenario, my spouse could potentially be granted an ILR 60 days earlier.

Any suggestions would be very much appreciated?

Thanks in advance,
Best regards

[DreamerBeliever]

Dear All

My spouse is Global Talent Visa dependent. She works in a small firm who cannot engage paid immigration lawyer/solicitor. Wanted your advice on whether she can continue to work after her visa expiry date if a biometric appointment for her ILR has been made for a date AFTER the visa expiry date (but appointment is applied for and taken BEFORE the visa expiry date)?

GTV visa expiry: 17-Sept-2023
ILR biometric appointment date: 30-Sept-2023

In this scenario, can she continue to work between 17-Sept and 30-Sept? And if so, what 'right to work' provision or proof should she show to her employer, to be within the regulations?

Any inputs will be greatly appreciated.

Many thanks in advance.

Best regards

[meself2]

If she applied for extension before her leave expired, she is covered under section 3C, which allows her to stay on the condition of her last leave until the decision is made on her application; date of biometrics doesn't matter.

Ask employer to do a right to work check via HO.

[DreamerBeliever]

If she applied for extension before her leave expired, she is covered under section 3C, which allows her to stay on the condition of her last leave until the decision is made on her application; date of biometrics doesn't matter.

Ask employer to do a right to work check via HO.

Thank you @meself2

Yes I am aware of section 3C and the terms of the last visa extending till decision on the new application is made.

As far as I know, the right to work check is done through an online generated 'share code' that you can share with the employer. Trouble is, the status on this link does not change even after someone has applied for an ILR. I mean, the end date of her right to work remains as 17-Sept, and does not change to "under process" etc.

In this case, does she ask the employer to call the HO for the right to work check or is there a simpler way?

Thanks again.

[lolo2]

When an application is pending and a share code cannot be generated, they can check the employee's right to work using the employer checking service. (Use the ECS)

[AmazonianX]

If she applied for extension before her leave expired, she is covered under section 3C, which allows her to stay on the condition of her last leave until the decision is made on her application; date of biometrics doesn't matter.

Ask employer to do a right to work check via HO.

Thank you @meself2

Yes I am aware of section 3C and the terms of the last visa extending till decision on the new application is made.

As far as I know, the right to work check is done through an online generated 'share code' that you can share with the employer. Trouble is, the status on this link does not change even after someone has applied for an ILR. I mean, the end date of her right to work remains as 17-Sept, and does not change to "under process" etc.

In this case, does she ask the employer to call the HO for the right to work check or is there a simpler way?

Thanks again.

Those are the options immediately available mentioned above and which you acknowledged. Others could be yours of employer calling HO(don't know what response they will get from that), presenting evidence that she has applied and awaiting decision is another.

[DreamerBeliever]

When an application is pending and a share code cannot be generated, they can check the employee's right to work using the employer checking service. (Use the ECS)

Thank you @lolo2 for sharing this very useful link.

[DreamerBeliever]

If she applied for extension before her leave expired, she is covered under section 3C, which allows her to stay on the condition of her last leave until the decision is made on her application; date of biometrics doesn't matter.

Ask employer to do a right to work check via HO.

Thank you @meself2

Yes I am aware of section 3C and the terms of the last visa extending till decision on the new application is made.

As far as I know, the right to work check is done through an online generated 'share code' that you can share with the employer. Trouble is, the status on this link does not change even after someone has applied for an ILR. I mean, the end date of her right to work remains as 17-Sept, and does not change to "under process" etc.

In this case, does she ask the employer to call the HO for the right to work check or is there a simpler way?

Thanks again.

Those are the options immediately available mentioned above and which you acknowledged. Others could be yours of employer calling HO(don't know what response they will get from that), presenting evidence that she has applied and awaiting decision is another.

Thank you @AmazonianX