I made an application but it was not decided before my previous visa expired. Am I an illegal immigrant?

By 1st 4Immigration - #1 UK Immigration Experts -
If you submitted your application before your current visa expired then your previous visa automatically extends for as long as it takes to make a decision on your new application, however long it will take. This happens under Section 3C of the Immigration Act 1971. In this case all conditions of the previous visa continue to apply until decision has been made on the new application.

Switching from Tier 2 to a Spouse/Partner visa, such as if you don’t want to work for your Tier 2 Sponsor anymore. Until decision has been made, your status remains Tier 2, so you have to continue to comply with its conditions. Many choose same-day service for such switches because there is no risk of an employer finding out earlier than you want them to.

Switching from Tier 4 to another visa: your conditions of stay remain as on Tier 4 until decision has been made on your next visa. If your Tier 4 visa allowed to work then you could keep working, same as before (usually part-time during the terms and full-time on vacations and after the course has been completed). if your Tier 4 visa did not allow to work then you cannot work while your next application is under consideration.

Switching from Post-Study Work to Entrepreneur: again your status remains Post-Study Work for as long as it takes to make a decision on your Entrepreneur visa. During the consideration you can continue working as on PSW. Once your Entrepreneur visa has been approved, you will be able to work only for your business, as per conditions of Entrepreneur visa.

Exception: the only exception here is spouses of European/EEA nationals (non-British). For example, spouses of Polish or French citizens. Under the EU law rights of residency, and therefore, a right of work in the UK, comes automatically from the law and not from a ‘visa stamp’. The main condition is that an EEA spouse is exercising treaty rights in the UK. In this case a non-EU spouse gains all the rights automatically, with or without applying for a Residence Card (and if he/she applies the Card, which is actually a stamp in the passport, will simply confirm the rights, rather than grant them). So, here a non-EU spouse on a Tier 2 visa can quite the job right away if he/she wants to. Or a non-EU spouse on a Tier 4 visa which does not allow to work can start working right away. However, it’s worth remembering that new employers may not know this automatic right, so better to check with them or wait until application has been granted. This exception does not apply to Unmarried Partners and does not apply at all to spouses of UK citizens.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training

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