Working while waiting for Visa

[nenehelp]

Hi All,

We wanted to employ a PSW candidate so assigned a Tier2 CoS to him recently.

Scenario is:
His visa was expiring on 10.05.2013.
We assigned the CoS on 25.04.2013.
Work start date on CoS was given as 01.05.2013.

He has given his biometrics recently but still waiting for his visa.

Can we still employ him now as his visa is expired or should we wait until he gets his visa?

Rgds,
Nene.

[safajnaseef]

Hi All,

We wanted to employ a PSW candidate so assigned a Tier2 CoS to him recently.

Scenario is:
His visa was expiring on 10.05.2013.
We assigned the CoS on 25.04.2013.
Work start date on CoS was given as 01.05.2013.

He has given his biometrics recently but still waiting for his visa.

Can we still employ him now as his visa is expired or should we wait until he gets his visa?

Rgds,
Nene.

Yes, you can employ the candidate because he/she is still under Tier 1 PSW until the decision is made by the Home Office. If the application is successful then he/she can continue working as normal. Otherwise, the candidate is no longer be able to work.

[nenehelp]

Yes, you can employ the candidate because he/she is still under Tier 1 PSW until the decision is made by the Home Office. If the application is successful then he/she can continue working as normal. Otherwise, the candidate is no longer be able to work.

Thank you for the reply. However, will he be treated as Tier 1 PSW until he gets his visa or will he be treated as Tier2?

The reason behind my question is that this employee was doing some part time job while studying and he wants to continue to do it in the evenings or weekends for his personal reasons while he awaits his visa. This is in addition to workibg for me in the normal office hours. He requested me but I am not sure if he can do it now. Any help is appreciated.

Rgds,
Nene.

[safatafa]

He can at the moment once his tier 2 comes he won't be able to work other jobs unless he gets approval from home office.
As long as his visa is valid you ll not have any problem

[nenehelp]

As long as his visa is valid you ll not have any problem

I am sorry but may I know which visa you are refering to? If it is his current Tier 1 PSW then it expired on 10.05.2013. I understand from above comments that he is still treated as PSW until he gets his Tier2 approval hence can still work outside until he gets his tier2 and once he gets it he cannot work anywhere else.

[safatafa]

As long as he applied with in valid time under psw he should be fine if his visa gets rejected and no appeal is given he cannot work for you after that or anywhere else for that matter.

[nisarmalik]

Frequently Asked Questions
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. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.

This above is from ukba website.

One think u should keep in mind that the job mention in cos should be started from the date u have mention as work start date.

[manci]

One think u should keep in mind that the job mention in cos should be started from the date u have mention as work start date.

If he applied before his PSW leave expired he can continue working as a PSW migrant by virtue of section 3C of the Immigration Act 1971. His immigration status will only change to Tier 2 General once his Tier 2 application is approved by UKBA.
http://www.legislation.gov.uk/ukpga/1971/77/section/3C

[nenehelp]

One think u should keep in mind that the job mention in cos should be started from the date u have mention as work start date.

If he applied before his PSW leave expired he can continue working as a PSW migrant by virtue of section 3C of the Immigration Act 1971. His immigration status will only change to Tier 2 General once his Tier 2 application is approved by UKBA.
http://www.legislation.gov.uk/ukpga/1971/77/section/3C

Thanks everybody for the replies. He got his visa today. So we have asked him not to work anywhere else. However, there is a statement in his visa approval letter stating that he could do supplementary employment that should not exceed 20hrs per week and should not be during the contracted hours with us. We were not aware of this.

Is this something common? Can he work for 20hrs with someone else probably during weekends or so?

[manci]

he can do supplementary work the rules for which are in paras 207/208 of the Tier 2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf