Visa expiry whilst employed - advice needed

nick24 · Post by **nick24** » Wed Feb 20, 2013 12:57 pm

Hi everyone,

I am currently under Tier 1 (General) Visa, which is due to expire on 26th February 2013. I have sent my application pack for extension on the 19th Feb 2013. I am currently employed and they have queried me on my visa situation

Basically as my visa expires in about a week, they have asked if I can provide any document to confirm if im eligble to work after my visa expiry and whilst my application is under review.

My question is:

Could i still continue to work whilst my application is sent for renewal and visa being expired? If so,
How can i provide clarification to the company till I get a home office official letter for my eligibity to work past the expiry date?

Much appreciate any advide on the above matter.

Thanks
Nitesh

Post by **vinny** » Wed Feb 20, 2013 1:03 pm

If you made a valid in-time application, then you will be covered under Section 3C.

However, see also Sponsors, paranoia and unfair dismissal.

nick24 · Post by **nick24** » Wed Feb 20, 2013 1:10 pm

Thanks for your prompt response. The application pack was sent as a recorded one day delivery so it would definitely reach them before the expiry date.

The employer would ask for proof to confirm my eligibility, in that case what should i provide that it confirms this?

Regards,

Post by **vinny** » Wed Feb 20, 2013 1:19 pm

Print out this document with the proof of posting the application before expiry of leave. Hope that it satisfies them.

Do read my previous links.

nick24 · Post by **nick24** » Wed Feb 20, 2013 1:24 pm

Great Vinny. Many thanks for all your help. Really appreciate it.

Will of course read the links you've sent in details.

Regards,
Nitesh

priyaviz · Post by **priyaviz** » Wed Feb 20, 2013 1:27 pm

I had the same issue with my employer and they were quite adamant that they need some sort of proof for the continued eligibility. So how itt worked out for me was, I provided the HR with the acknowledgement letter which has the application reference number. and the HR filled in and Employer enquiry form where they can fill in this reference number and raise a query to UKBA, if this particular person has applied for extension or not. After one week UKBA replied stating that its a valid application and the person is eligible to work. HR was happy as they got the confirmation directly from the UKBA.
Hope this helps.

cs95tdg · Post by **cs95tdg** » Wed Feb 20, 2013 1:54 pm

The Employer Checking Service can be used: http://www.ukba.homeoffice.gov.uk/busin ... pport/ecs/

Note however that I have heard of cases where the UKBA checking system has come back with a negative result, even in cases where an in-time application has been made. This has been in cases where the employer has checked the employees right to work before the application biometrics have been submitted.

The best option would be to submit proof of application postage (prior to your current visa expiry) + copy of S3C rules, and then show the acknowledgement letter later - which may take a while for you to receive (i.e. after the UKBA deduct your application fee).

willco · Post by **willco** » Sat Mar 16, 2013 10:31 pm

Does anyone know the likely time they will receive the acknowledgement letter once the application has been sent.

In my case, I have just sent off my application before my visa expired, but HR will not allow me to work until I get the acknowledgement letter.

They should receive the package on Monday. Is it possible to ring them up to expedite the process or no chance.

So now I am out of work till I get the letter

cs95tdg · Post by **cs95tdg** » Sat Mar 16, 2013 10:42 pm

willco wrote:Does anyone know the likely time they will receive the acknowledgement letter once the application has been sent.

In my case, I have just sent off my application before my visa expired, but HR will not allow me to work until I get the acknowledgement letter.

They should receive the package on Monday. Is it possible to ring them up to expedite the process or no chance.

So now I am out of work till I get the letter

Note you should provide proof of postage and the Section 3C rules to your employer to make them understand that you applied before your LTR expired and therefore your right to remain and work in the UK would be extended until the UKBA make a decision on your application. As for current postal application timelines check http://www.immigrationboards.com/viewto ... &start=560

willco · Post by **willco** » Sat Mar 16, 2013 10:50 pm

Apparently proof of postage is not acceptable for them. Ï could of put anything in the mail". Stupid HR.

I can see some acknowledgment letter is received in days, others - weeks or longer.

cs95tdg · Post by **cs95tdg** » Sat Mar 16, 2013 10:57 pm

That's unfortunate! From what I have seen the processing times are improving now. So if luck is with you, you should receive yours within a week. When I applied last year I recall it took approximately 10 days to receive my acknowledgement letter - but processing times have improved a lot since then.

willco · Post by **willco** » Sat Mar 16, 2013 11:18 pm

Thanks cs95tdg for the piece of mind.

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Visa expiry whilst employed - advice needed

Visa expiry whilst employed - advice needed