Can I work after a visa refusal? Can I work during the appeal?

By 1st 4Immigration - #1 UK Immigration Experts -
These are common questions and the answer lies in the rule called Section 3C and 3D leave (of the Immigration Act 1971).
If you have a visa which is about to expire, and submit a new application inside the UK before this visa expires, Section 3C “extends” your previous visa for as long as it takes to make a decision. It does not matter if your visa expires and you have not heard from the Home Office (UK Visas and Immigration) – because you applied on time. In this case your status remains the same as before, with the same conditions, including the rights to work.  
If your new application is refused, and there is a right of appeal, and you submit an appeal on time (within the deadline on your refusal letter), then your status again remains the same as on your old visa. The one which you had before your refusal and it will continue until you have heard a determination on your appeal. This will be under Section 3D.  
Let’s consider a very common example: you are on a Tier 4 Student visa  which expires on 1 February 2015. You are now married to a British citizen and want to make an application for a Spouse visa inside the UK. If you make a Spouse application before or on 1 February 2015 then you will get a Section 3C leave (ie like an automatic extension by law) for as long as it would take for the authorities to decide on your Spouse visa. Your status will remain a Tier 4 migrant until then. It means if your Tier 4 visa allowed you to work you can work on the same conditions while your application is being considered. If not, then you can’t.

Let’s imagine a Spouse application has been refused and there is a right of appeal, within 10 working days. If you submit your appeal within the deadline then your status will “extend” further, this time under the Section 3D leave, and you will remain being a Tier 4 migrant for as long as it takes for the judge to determine your appeal. Until then you can continue working as if you were still on a valid Tier 4 visa but only if your old visa allowed you to do so!
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 CPD website: www.1st4immigration.com/training

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