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Visa can expire before receipt of feedback from home office

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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vighneshsawant
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Joined: Thu Jul 17, 2008 4:54 am

Visa can expire before receipt of feedback from home office

Post by vighneshsawant » Fri Dec 30, 2011 12:07 am

Hi,

I have applied for tier 1 general visa extension on 22 December 11 by post.

My visa will expire on 14 January 12 and my employment contract is subject to visa validity. If I will not receive the decision on or before 14 January, then I will not have any documentary evidence to work legally in UK. Please advise on continuity to stay & work in UK for an additional period to be spend between visa expiry and decision on visa application.

Sorry, if I am creating duplicate post. I search on UKBA website guidelines and various posts on this forum, but can not find answer.

Best Regards

canon123
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Posts: 275
Joined: Sun Oct 25, 2009 9:51 am

Post by canon123 » Fri Dec 30, 2011 9:11 am

once u apply for a visa, you should be getting an acknowledgement letter from UKBA that your application is under process.

"The time between your current visa expiry and until the new visa approval" --- You can still work as normal, nobody can stop you. please visit UKBA website, take a print out and show it to your employer with your visa acknowledgement letter

vighneshsawant
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Posts: 19
Joined: Thu Jul 17, 2008 4:54 am

Post by vighneshsawant » Fri Dec 30, 2011 10:01 am

Thanks a lot for reply it relieves pressure from me.

I tried to search entire website about UKBA guidelines to work between visa expiry and approval of visa extension. Following UKBA website link states that you must apply before expiry date, but it is not clear on eligibility to work interim.

http://www.ukba.homeoffice.gov.uk/visas ... -to-apply/

I would be thankful to you, if you can forward the link of such information.

Best Regards

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Dec 30, 2011 10:14 am

My visa will expire on 14 January 12 and my employment contract is subject to visa validity. If I will not receive the decision on or before 14 January, then I will not have any documentary evidence to work legally in UK.
Well no, your visa will not expire on 14.01.12! That is, you will have so-called "Section 3C Protection". That is, for someone with a valid visa who applies in the UK for a further visa, and makes that application before the expiry of the old visa, if the application is not decided before the stated expiry date on the old visa, that old visa is "treated as continuing", even though the stated expiry date has passed.

If your employer has doubts about this they can phone the UKBA Employer's Helpline, who should be able to confirm that you have made a visa extension, and that "Section 3C Protection" is in place, and you can continue to work while that protection is in place.

The Protection continues until the new visa is issued, or if for any reason the application for a new visa is rejected, until the deadline for appealing against that rejection, and further extended if an appeal is submitted.

This UKBA document more fully describes "Section 3C Protection".
John

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