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regardsIt is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".
To benefit, a person must have existing leave to enter or remain at the time when their valid application is made. Section 3C then prevents such an applicant becoming an overstayer during the period in which their application for a variation of leave remains undecided and, thereafter, while an appeal against any refusal could be brought or is pending.
Usually one has to prove the eligibility that he/she can continue working and has a valid permit so I think your employer is correct in requesting the same from you, however in your case the best bet would be to probably get a status of your application from UKBA by calling/emailing etc and get the employer either listen to the call or show him the email...good luck!!whybi wrote:Sorry, yeah, I meant I'm on HSMP at the moment, and thank you for the information.
The compliance team in the company seems to be very strict and now needs proof that I actually applied for the extension. The acknowledgement of receipt letter would do but it may take few weeks and I have nothing to prove. This is getting frustrating.
Has anyone had to prove their employer like myself? Thanks for your help guys!