Can one take up a new job while in section 3C leave?

[Gorgeous_Worrier]

Dear Sir/Madam

I am in a big confusion at the moment.

My Tier 1 Entrepreneur application is still under process. I switched from Tier 1 PSW Visa. My PSW visa has already expired and at present, I am under 'Section 3C' leave to stay in UK.

The situation is, I got an employer who can sponsor me. And to work for new employer I need to vary my application and submit Tier 2 application.

By doing this, I do worry that I may have to wait for long time for this varying process. I already spent 4 months waiting for decision of my Tier 1 Ent. Visa and still waiting. Now, I don't want to wait (without any work and sitting at home) for another 3-6 months after submitting variation application for tier 2

For this reason, My question is;

Can I start working for my new employer while I am on section 3C leave and vary my tier 1 Ent. application to tier 2 sponsor application at later stage?

If I can, then It would be a big relief for me and I can discuss this option with my employer.

Big Thank you in advance!

[nisarmalik]

Yes u can..

[John]

My PSW visa has already expired and at present, I am under 'Section 3C' leave to stay in UK.

In effect there is a contradiction in what you wrote. That is, your PSW visa has not expired and is "treated as continuing", even though the stated expiry date has passed. That is the effect of Section 3C.

So whether you can work depends upon your current visa, and as the PSW visa allows you to work, that is indeed what you can do.

Compare that to ... not your circumstance at all ..... someone is in Section 3C in respect of their fiancé(e) visa, and has not yet received their spouse visa, because a fiancé(e) visa does not permit work, they are not allowed to work, not until their spouse visa is granted.

The old visa really is "treated as continuing"!

[mthila]

As far as employer is okay with it (because employers are reluctant to act in favor of you in such situations although there is nothing to worry or nothing illegal) you definitely can go ahead with it

[Gorgeous_Worrier]

Thank you All for your kind guidance and direct

@John - Thank you for refining my interpretation and explain the things in deeper sense. It is much helpful.

@mthila & nisa4malik - Thank you for your kind guidance and direction. This will help me a lot.

May God Bless you Guys!