Working or Claiming Benefit while Home Office decide on Visa

[belnutta]

Hi, i have applied for my ILR prior to that, i was on Discretionary Leave to Remain for six years with entitlement to freely take a job, use the NHS and social services or other services provided by local authorities when needed.

I would like to know, while my application is pending a decision,
- what will my current immigration status be?
- can i work or claim benefit(JSA)?

I had a job offer that was later withdrawn because my visa was due renewal and this was after i had resigned from my previous employment. Please help as am unemployed now, not receiving any benefit, and most companies unsure if i can legally work or not. So frustrating.

By the way i came across this "What is my immigration status while my application is being decided? If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

This was from the link: http://www.ukba.homeoffice.gov.uk/visas ... ettlement/#

[Smallfamily]

Yes you have found the right info...your "Discretionary Leave to Remain" immigration status will continue until your application is decided!

[belnutta]

Thank you for the reply.

IF that is the case, then am i entitled to claim JSA or work as on both occasions i have been refused.

Would you know any link to find this info or anywhere in the immigration policies that relates to this matter apart from the one i quoted in my previous msg. I showed the print out on the UKBA site to an agent at the jobcentre and she told me it only applies to working but then i question because if am still on the same status that allowed me all these entitlement but now otherwise.

[Smallfamily]

Unfortunately I wouldn't advice you to get JSA because ur application hasn't been decided yet e.g. if the decision doesn't come in ur favour and you go for an appeal then JSA will create a problem for u.

Secondly, I'm not sure why the agent doesn't know about this HO rule...really weird. I can only suggest that you may call HO and then ask the agent to verify ur working status with HO representator.

Good luck

[belnutta]

Thank you

Unfortunately, it seems quite a lot of companies are unaware of this and as result refuse potential employees because their visa is pending renewal.