Is work permitted if applied within 14 day grace period for FLR(M) extension (part two)?

[thomp]

Hello,

I have applied for the extension (second part) of my FLR(M) here in the UK. I submitted the application within the 14 day grace period. Can I still work whilst I wait for the result from the Home Office?

I am a South African with a South African Passport, I was given a Biometrics card but it expired on the same day as my Spouse Visa, 31/07/2018.

Any guidance as to what I can and can not do due to having submitted within the grace period would be very much appreciated as I can find little about my rights.


Best

[CR001]

What date did your visa expire, 31 July 2018?

On what date did you submit or post your application (online/paper???)???

Do you mean you only applied after your visa expired?

If you applied after your visa expired, you don't have the right to work.

I submitted the application within the 14 day grace period.

What exactly do you mean by '14 day grace period'??

[thomp]

Thanks for the quick reply -

My Visa expired on the 31st of July. I submitted my extension application on Monday 13th of August, via post (13 days after expiry).

The law states that you are able to submit an application within 14 days of your visa expiring providing you provide evidence of there being a good reason. I was able to provide this evidence.

They have taken my application fee, hopefully meaning that they are processing it?

Due to this grace period, does this mean I am able to work whilst I wait?

This 14 day grace period is similar to that of the 28 day grace period which was recently abolished.

Thank you

[CR001]

Due to this grace period, does this mean I am able to work whilst I wait?

As you made and out of time application, you are an overstayer and you cannot work. If your employer does the online employee check, it will likely come back negative.

This 14 day grace period is similar to that of the 28 day grace period which was recently abolished.

Yes, but usually for when an application is refused to make a new app within 14 days or for exceptional or compassionate circumstances.

If you wish to state, why did you not submit in time??

They have taken my application fee, hopefully meaning that they are processing it?

Fee is taken even if your application is refused.

You also risk being put on the longer FLR(FP) 10 year Partner route now having submitted an out of time application.

Also, what English test did you submit, A1 or A2??

[thomp]

Thanks again for your swift reply -

I did not apply on time due to compassionate reasons that where beyond my control - It takes two people's personal information to fill out a spouse visa and my spouse was not able to help me with the application until this later date due to exceptional personal reasons.

[CR001]

Fair enough, however you made an out of time application and you will need to wait till you hear back from HO.

[thomp]

Thanks for your help - in your experience do they come back with information about permission to work prior to the decision on a visa? Or is it most likely I can only find this out at the same time as their final decision?

[CR001]

in your experience do they come back with information about permission to work prior to the decision on a visa?

No they don't inform you. Your employer can check online with your case reference number. https://www.gov.uk/employee-immigration ... ent-status

Or is it most likely I can only find this out at the same time as their final decision?

You will only know when you get the final decision.

[vinny]

Did you provide reasons for the delay?