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working while application being considered

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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elfgirl
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Posts: 26
Joined: Fri Jan 02, 2009 11:02 pm

working while application being considered

Post by elfgirl » Mon Jan 05, 2009 11:04 pm

Hello,
I'm new here and have appreciated reading all the advice. I am switching from a student visa to a PSW. I have an amazing job and my company wants to keep me. However they are worried that I will need to stop working in between the time my visa expires and I recieve a reply from my application. Does anyone know if I am legally allowed to work while an application is being considered? And if so where I can find that in writing to give to the HR dept.

Any help on this would be appreciated.
thanks

danish1981
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Joined: Thu Dec 11, 2008 4:16 pm

Post by danish1981 » Mon Jan 05, 2009 11:09 pm

yea you are legaly allowed to work while your application is in process.i think you need to show your acknowldgement letter to your employer and it should e fine.

elfgirl
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Posts: 26
Joined: Fri Jan 02, 2009 11:02 pm

Post by elfgirl » Mon Jan 05, 2009 11:16 pm

thank you so much.

does anyone know where this is stated? taxx

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Mon Jan 05, 2009 11:18 pm

Hello

As long as you make your application before your student visa expires you can continue to work. They can check the status of your application (decided/not decided ONLY) and if you can continue to work using the Employer Checking Service:

http://www.ukba.homeoffice.gov.uk/emplo ... pport/ecs/

Or they can ring the employer helpline on 0845 010 6677 - and let the Home Office tell them you CAN work.

PP

elfgirl
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Posts: 26
Joined: Fri Jan 02, 2009 11:02 pm

Post by elfgirl » Mon Jan 05, 2009 11:43 pm

Thanks so much! I had a 45 min meeting today with my boss and someone from HR who didn't know! I'll give them this link. I'm hoping for a swift turnaround and will have posted my app with 3 weeks left in my visa.
Thanks again!

email257525
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Joined: Mon Jan 05, 2009 6:53 pm
Location: UK
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Post by email257525 » Mon Jan 05, 2009 11:50 pm

Dear,

In my opinion, all employers must understood that they should keep the employee as long as he has visa, and once visa is expired they he is still allowed to work unless his has lodged an application and his case is being considered.

The link provided in the above answer is most appropriate one.
OR tell you employer phone to the home office and ask them

Good Luck and best Wishes

elfgirl
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Posts: 26
Joined: Fri Jan 02, 2009 11:02 pm

Post by elfgirl » Tue Jan 06, 2009 6:16 pm

Thanks so much PP. I gave the link to my employer this morning and they were able to get clearence from our central HR.
THANKS again!

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Tue Jan 06, 2009 6:43 pm

You are welcome elfgirl

They may want to brush up a bit on their understanding! The link I gave you goes to the ECS page, but if they use the link on the left "guidance booklets for employers" that should help.

They get a unique reference with the result of their check, whch they should keep on your HR file, and if you can work, they are covered as far as UKBA are concerned for 6 months (usually). That will give you time enough to get the result of your application back.

dusam
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Posts: 10
Joined: Tue Jan 06, 2009 8:52 pm

Am I legally allowed to start permanent employmenent?

Post by dusam » Tue Jan 06, 2009 9:28 pm

Hi,
I would like to ask similar query in this thread if elfgirl doesn't mind.

Am I legally allowed to start full time, permanent employment while my
PSW visa is being considered? Or am I still regarded as on student
visa and not allowed to work on permanent position?

Also, do you think the above link would be satisfactory for my employer to
substitute need to show my passport and/or eligibility to work in UK?
Thanks.

vinny
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Posts: 32939
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Jan 06, 2009 10:40 pm

dusam wrote:Am I legally allowed to start full time, permanent employment while my PSW visa is being considered? Or am I still regarded as on student visa and not allowed to work on permanent position?
The student leave is "treated as continuing".
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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