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Eligibility to work after the visa expires?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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bilqees
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Posts: 24
Joined: Tue Jul 21, 2009 2:38 pm

Eligibility to work after the visa expires?

Post by bilqees » Fri Aug 28, 2009 1:58 pm

Hi,

I applied for HSMP -> Teir1 extension on 3rd August. Got a letter for HO saying that they have received my application dated 4th August. My visa is expiring on 31st Aug. I got a bit late in applying because I was waiting for the original bank statements.

I have not got the result till now. My employers are questioning me again & again about my visa status. They have told me that further delay may impact my employment.

Am i not eligible to work in UK till I dont get a final response from HO?

Please suggest.

confusedhsmp
Member of Standing
Posts: 266
Joined: Thu Apr 05, 2007 11:30 pm

Post by confusedhsmp » Fri Aug 28, 2009 2:36 pm

Your employers need to see this page and confirm it themselves with the Home Office. The onus is on them not you. If anything happens to your employment in such instance where you have provided explaination of your leave (i.e it is valid until you recieve a decision - under Section 3C/3B ?seniors?), they are leaving themselves open for litigation.

http://www.ukba.homeoffice.gov.uk/conta ... onsorship/

or they can contact HO using your PBS ref number and your caseworker will be able to reply them.

tvn_ramesh
Diamond Member
Posts: 3158
Joined: Fri Sep 21, 2007 7:52 pm
Location: Sussex

Post by tvn_ramesh » Fri Aug 28, 2009 2:50 pm

Agree with Confusedhsmp...

you shd provide ur employer with the copy of the reference letter and tell them the VISA is in renewal process and ask them to feel free to contact HO for further information/status (which they will not get till 6/12weeks of ur application)..

And make sure u put this in proper writing/email as a proof in case in future they take a wrong step of effecting ur JOB.. as per ur contract it might have stated that u are responsbile to have proper visa to work.. so as long as the visa is in process they can not do anything..

Seniors pls correct/add to this.. i was in this situation last nov 08.. but thankgod for my managers are very understanding..

bilqees
Newly Registered
Posts: 24
Joined: Tue Jul 21, 2009 2:38 pm

Post by bilqees » Fri Aug 28, 2009 2:53 pm

Many thanks to both of you for pointing me to this link & ur suggestions.
I'll inform my employer via email as suggested & keep my fingers crossed for the outcome of my application.

crowbar6
Member of Standing
Posts: 401
Joined: Tue Dec 11, 2007 5:33 pm
Location: London
India

Re: Eligibility to work after the visa expires?

Post by crowbar6 » Fri Aug 28, 2009 2:54 pm

bilqees wrote:Hi,

I applied for HSMP -> Teir1 extension on 3rd August. Got a letter for HO saying that they have received my application dated 4th August. My visa is expiring on 31st Aug. I got a bit late in applying because I was waiting for the original bank statements.

I have not got the result till now. My employers are questioning me again & again about my visa status. They have told me that further delay may impact my employment.

Am i not eligible to work in UK till I dont get a final response from HO?

Please suggest.
Yes, you are perfectly eligible to continue in current employment till the decision is made on your pending application. This is correct even if your current leave may have expired but your application was submitted to HO within its validity, i.e., before date of expiry.
Regards,
crowbar6

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