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Can I continue working whilst my PSW visa is in process?

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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Cooper444
Newly Registered
Posts: 10
Joined: Mon Nov 17, 2008 4:25 pm
Location: England

Can I continue working whilst my PSW visa is in process?

Post by Cooper444 » Thu Feb 19, 2009 9:19 am

Hi, I'm Taiwanese in england and currently working here on an IGS visa. My application to transition to the PSW visa is in process and i want to know if I can continue working during this time. My IGS has now expired by a couple of days but I seem to remember when i applied last year that whilst my appluication is is process I stay on my current visa terms until I receive the result. Is this the case and if so do you know where it is written down so i can give it to my employer. I have searched but can't find it.

I would be thankful for any help as I don't want to lose my job.

Thannk you.

koolbone
Member
Posts: 124
Joined: Mon Jan 19, 2009 6:10 pm
Location: United Kingdom

Post by koolbone » Thu Feb 19, 2009 11:17 am

Yes mate, you can carry on working. Provided you made the PSW application before your IGS leave expired, your leave is treated as 'continuing' while your application is being considered.
For proof, this is an extract from section 118 of the National, Immigration and Asylum Act 2002:

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118 Leave pending decision on variation application The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on application for variation)—
“3C Continuation of leave pending variation decision
(1) This section applies if—
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b) the application for variation is made before the leave expires, and
(c) the leave expires without the application for variation having been decided.

(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn,
(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c) an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).
(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.
(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.
.....

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candyshop
Junior Member
Posts: 59
Joined: Mon Dec 29, 2008 3:40 pm

Re: Can I continue working whilst my PSW visa is in process?

Post by candyshop » Thu Feb 19, 2009 11:21 am

Cooper444 wrote:Hi, I'm Taiwanese in england and currently working here on an IGS visa. My application to transition to the PSW visa is in process and i want to know if I can continue working during this time. My IGS has now expired by a couple of days but I seem to remember when i applied last year that whilst my appluication is is process I stay on my current visa terms until I receive the result. Is this the case and if so do you know where it is written down so i can give it to my employer. I have searched but can't find it.

I would be thankful for any help as I don't want to lose my job.

Thannk you.
Yes you can. No restrictions until you recieve your decision.

Good Luck.

Cooper444
Newly Registered
Posts: 10
Joined: Mon Nov 17, 2008 4:25 pm
Location: England

Post by Cooper444 » Thu Feb 19, 2009 11:58 am

Great, Thanks

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