can i start working while waiting decision on application

sonia85 · Post by **sonia85** » Mon Nov 19, 2012 12:54 am

hi there i hope somebody can help me. i desperately need information. i was on tier 2 general since november 2010. i recently switch my employer and send a new application to ukba for approval on 24th octiber 2012 i am still waiting for my biometric enrolment. my question is can i start working for my new employer while waiting decision on my application. start date on my cos was 5th november. my sponsor is A rated and its a big company. please help if somebody can

Post by **vinny** » Mon Nov 19, 2012 1:08 am

No. You may start working for your new employer only after new leave has been granted.

Phoebe · Post by **Phoebe** » Mon Nov 19, 2012 11:57 pm

vinny wrote:No. You may start working for your new employer only after new leave has been granted.

I already started working for my new company while awaiting the decision for an application (as advised by a solicitor). I worked for 3 months while my passport was with the HO. My application was rejected and I am now waiting to reapply.

Shall I tell the UKBA that I have worked for three months as this can jeopardise my new application but if i dont tell them they may say I have used deception in my new application. Someone please advice. Thanks.

Post by **manci** » Tue Nov 20, 2012 9:54 am

Phoebe wrote:
vinny wrote:No. You may start working for your new employer only after new leave has been granted.
I already started working for my new company while awaiting the decision for an application (as advised by a solicitor). I worked for 3 months while my passport was with the HO. My application was rejected and I am now waiting to reapply. the solicitor gave incorrect advice and your employers were in breach of their sponsorship duties

Shall I tell the UKBA that I have worked for three months as this can jeopardise my new application but if i dont tell them they may say I have used deception in my new application. Someone please advice. you should answer all questions on the application form truthfully - question E7 refers. Give full details under E8 . Thanks.

Phoebe · Post by **Phoebe** » Thu Nov 22, 2012 10:54 pm

Thanks, I intend to inform the HO about my working while waiting for a decision. Can you please honestly tell me from your experience if this can be grounds for a refusal even with me being honest?

manci wrote:
Phoebe wrote:
vinny wrote:No. You may start working for your new employer only after new leave has been granted.
I already started working for my new company while awaiting the decision for an application (as advised by a solicitor). I worked for 3 months while my passport was with the HO. My application was rejected and I am now waiting to reapply. the solicitor gave incorrect advice and your employers were in breach of their sponsorship duties

Shall I tell the UKBA that I have worked for three months as this can jeopardise my new application but if i dont tell them they may say I have used deception in my new application. Someone please advice. you should answer all questions on the application form truthfully - question E7 refers. Give full details under E8 . Thanks.

Post by **manci** » Fri Nov 23, 2012 8:08 am

Phoebe wrote:Thanks, I intend to inform the HO about my working while waiting for a decision. Can you please honestly tell me from your experience if this can be grounds for a refusal even with me being honest?

Difficult to say not knowing the reason for the refusal of your first application and whether you already re-applied and, if so, how you completed E7/E8 on the application form

However, your employer's breach of the rules (by letting you take up your post without valid leave) is likely to come to light and may result in repercussions for them. It may be best for your employer to engage a professional advisor (solicitor or OISC) and make representations to UKBA both on their and your behalf.

Phoebe · Post by **Phoebe** » Sat Nov 24, 2012 1:21 am

I was refused my first application only due to lack of labour market test evidence which the company are now putting in place. They advertised with a recruitment agency and not the job centre plus. This is now being rectified.

I intend to resubmit using the same day application route in early December and was told by a solicitor that the department that deals with the company's licence and the employees applications are two different ones and therefore the company may not be affected (how true is this)?

I intend to disclose that I worked for 3 months while awaiting the result of my previous application but dont know what reason to give (the truth is that a solicitor told me it was ok to work and the company solicitor said the same, the company never checked my passport, they just assumed i was ok to work)

The company have a solicitor who deals with immigration matters, will you suggest that I take a letter from them to the home office as well? I'm not sure how knowledgeable these solicitors are as they said i was ok to work in the first place. I dont want to open the company up to losing their licence as that means I will automatically have to leave the country as i dont have a new sponsor.

I have been in this country for 8yrs and I dont want to lose my chances of getting my ILR. I want to do all i can to get the second application right.

Please please please advice on the best route to go.

Also do you think this case is straight forward enough to be decided on the same day?

manci wrote:
Phoebe wrote:Thanks, I intend to inform the HO about my working while waiting for a decision. Can you please honestly tell me from your experience if this can be grounds for a refusal even with me being honest?
Difficult to say not knowing the reason for the refusal of your first application and whether you already re-applied and, if so, how you completed E7/E8 on the application form

However, your employer's breach of the rules (by letting you take up your post without valid leave) is likely to come to light and may result in repercussions for them. It may be best for your employer to engage a professional advisor (solicitor or OISC) and make representations to UKBA both on their and your behalf.

Post by **vinny** » Sat Nov 24, 2012 2:40 am

Do you still have leave to enter/remain? If not, then you cannot apply in-personat a PEO.

Post by **manci** » Sat Nov 24, 2012 9:08 am

has the RLMT been completed by the new sponsor and do you now have a CoS from them?

do you have a PEO appointment booked? You said in your other post that your visa has been curtailed and expires on 10 December, presumably because your previous employer reported to UKBA that you finished working for them. As Vinny said, if you were to apply in person this would have to be before 10 December.

Phoebe · Post by **Phoebe** » Sun Nov 25, 2012 10:16 pm

I still have leave to remain.

vinny wrote:Do you still have leave to enter/remain? If not, then you cannot apply in-personat a PEO.

Phoebe · Post by **Phoebe** » Sun Nov 25, 2012 10:39 pm

The RLMT has now been done. No successful candidates so I've been offered the position. I have also got an appointment booked at the HO for the same day interview on the 7th of Dec. but no COS yet and It can not be chased as urgent until i have 10 days left on my visa. which means 1st of December which is a Saturday which means I can only start chasing on Monday the 3rd of December which gives me only 4 days to chase it. I'm hoping that my HR will ring the HO every hour of the day and speak to someone who can help to get the COS out (any other suggestions). Someone said I can ask my local MP to chase the HO on behalf of the company? (is this advisable).

The old company did not contact the HO, i did as I had to wait home for 6 months for the new company to get the sponsorship licence and I didnt want to be accused of not disclosing to them.

I now have everything to put my application back in but worried sick about the fact that I worked for 3 months while my passport was with the HO as i was told by my solicitor to do so.

In your experience, is a same day visa approval still possible as i'm hoping they dont hold my passport for another 3 months and how do you think the breach of visa conditions will affect me? Thanks!!!

manci wrote:has the RLMT been completed by the new sponsor and do you now have a CoS from them?

do you have a PEO appointment booked? You said in your other post that your visa has been curtailed and expires on 10 December, presumably because your previous employer reported to UKBA that you finished working for them. As Vinny said, if you were to apply in person this would have to be before 10 December.

Post by **manci** » Mon Nov 26, 2012 8:16 am

Phoebe wrote:......but no COS yet and It can not be chased as urgent until i have 10 days left on my visa. which means 1st of December which is a Saturday

urgent treatment can be requested 10 working days (2 weeks) before the expiry of your visa which, if your visa expires on 10 December, is today, 26 November. They should email:
sponsorlicensing.support@ukba.gsi.gov.uk
scoc@ukba.gsi.gov.uk
SponsorProgress@homeoffice.gsi.gov.uk
and enclose a copy of your visa.

Phoebe · Post by **Phoebe** » Mon Nov 26, 2012 7:40 pm

Thanks a lot, this is very helpful. I will get HR on it tomorrow.

manci wrote:
Phoebe wrote:......but no COS yet and It can not be chased as urgent until i have 10 days left on my visa. which means 1st of December which is a Saturday
urgent treatment can be requested 10 working days (2 weeks) before the expiry of your visa which, if your visa expires on 10 December, is today, 26 November. They should email:
sponsorlicensing.support@ukba.gsi.gov.uk
scoc@ukba.gsi.gov.uk
SponsorProgress@homeoffice.gsi.gov.uk
and enclose a copy of your visa.

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