Working while waiting for the extension decision

[whybi]

Hi

Hope you can help me.

I applied for the Tier 1 extension (I'm on HSMP ATM) last Wednesday and my current HSMP is expiring this Wednesday.

My employer is requesting a proof of my eligibility to continue the work, I explained to them that I can continue to work on the expiring visa while I am waiting for the decision on the application. However, my employer is requesting a proof, and I have got nothing to prove at the moment.

I was hoping to receive an acknowledgement of receipt of application letter, but, they are saying it may take few weeks for me to receive it.

Any of you have any suggestions? Is there anyway from Home Office to provide any documentation urgently, possibly via email?

Would much appreciate your help?

[geriatrix]

HSMP ATM?

Show your employer this UKBA document which states the following:

It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

To benefit, a person must have existing leave to enter or remain at the time when their valid application is made. Section 3C then prevents such an applicant becoming an overstayer during the period in which their application for a variation of leave remains undecided and, thereafter, while an appeal against any refusal could be brought or is pending.

regards

[*FC*]

HSMP ATM?

Guess he meant At The Moment ....

[whybi]

Sorry, yeah, I meant I'm on HSMP at the moment, and thank you for the information.

The compliance team in the company seems to be very strict and now needs proof that I actually applied for the extension. The acknowledgement of receipt letter would do but it may take few weeks and I have nothing to prove. This is getting frustrating.

Has anyone had to prove their employer like myself? Thanks for your help guys!

[geriatrix]

So from whether you can work or not it is now whether you have applied or not!

Proof of posting may help (don't think your employer will be satisfied by that either).


regards

[aspirant99]

Sorry, yeah, I meant I'm on HSMP at the moment, and thank you for the information.

The compliance team in the company seems to be very strict and now needs proof that I actually applied for the extension. The acknowledgement of receipt letter would do but it may take few weeks and I have nothing to prove. This is getting frustrating.

Has anyone had to prove their employer like myself? Thanks for your help guys!

Usually one has to prove the eligibility that he/she can continue working and has a valid permit so I think your employer is correct in requesting the same from you, however in your case the best bet would be to probably get a status of your application from UKBA by calling/emailing etc and get the employer either listen to the call or show him the email...good luck!!

[geriatrix]

Your employer can also verify your entitlement to work by calling the UKBA's sponsorship and employers' helpline.


regards