Transfer from student visa (tier 4) to ILR work restrictions

[duality1984]

Hi all,

I've been unsuccessful at getting this information from the Border Agency.

My partner was a student here in the UK before we met on a Tier 4 visa that was 5 months and 27 days long. His visa allows him to work 20 hours per week during term time and full time during vacations.

Following our civil partnership, we applied for ILR using FLR(O) due to the six month residency requirement not being fulfilled and him being a Syrian national (the lawyer advised this as he couldn't return to Syria to apply because of the problems there at the moment). We met all other conditions.

His course finished a week before his visa expired and we got our ILR application in the day before, so now the application is pending.

All we need to know is if he is permitted to work full time or part time as the rules appear ambiguous. Is he classed as on vacation as his studies finished?

The Border Agency (on the phone) said "it appears that he can work full time" but being cynical, I would like to know where I can find this written down(!) and confirmed.

Any help on this is highly appreciated as he's bored out of his mind not being able to work and of course extra money would be good in case we have to appeal.

[Elena345]

I'm not exactly where I have seen it, but I'm almost 100% sure that on the Border Agency website it says that your partner's status will remain the same until a decision is made on you application.

I came to the UK as a student and didn't have a straight forward case. I was advised by a solicitor that even if my visa expired, but my application was already sent before the expiry date, I would still be under the student status until I heard back from the Home Office. (See:http://www.ukba.homeoffice.gov.uk/settl ... et%28m%29/#) I know it's for a SET (M) visa, but my solicitor said the rules apply to other cases that involve partners as well...

Though if your partner is not working right now and is thinking about starting a new job, it might be hard to explain to the company's HR the situation. If you have the letter of acknowledgment from the Home Office and you show them the excerpt, chances are he might get an offer. In my case, I was already employed and just showed my employer the web page and my letter. Though if you can get a letter from a solicitor stating it, it might help a bit more.

Good Luck!

[Greenie]

Hi all,

I've been unsuccessful at getting this information from the Border Agency.

My partner was a student here in the UK before we met on a Tier 4 visa that was 5 months and 27 days long. His visa allows him to work 20 hours per week during term time and full time during vacations.

Following our civil partnership, we applied for ILR using FLR(O) due to the six month residency requirement not being fulfilled and him being a Syrian national (the lawyer advised this as he couldn't return to Syria to apply because of the problems there at the moment). We met all other conditions.

His course finished a week before his visa expired and we got our ILR application in the day before, so now the application is pending.

All we need to know is if he is permitted to work full time or part time as the rules appear ambiguous. Is he classed as on vacation as his studies finished?

The Border Agency (on the phone) said "it appears that he can work full time" but being cynical, I would like to know where I can find this written down(!) and confirmed.

Any help on this is highly appreciated as he's bored out of his mind not being able to work and of course extra money would be good in case we have to appeal.

Tier 4 students with permission to work can work full time in vacations and following the completion of their studies. See guidance for employers on preventing illegal working. Specifically Appendix D

As long as your partner made a valid in time application to extend/vary his leave, his rights and entitlements remain the same whilst the application is under consideration by virtue of Section 3C of the Immigration Act 1971 therefore he can continue to work full time although as Elena has said, he might find it difficult to prove this to a new employer.

With regard to the application your partner has made - you say he has applied for ILR on form FLR(O). Do you mean further leave? You only apply for further leave on form FLR(O) not indefinite leave.