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

Popular posts from this blog

Updated May 2020: UK visa work continues - latest update

By -
UK immigration authorities continue to process visa applications, albeit not as fast as they normally would. The visa centres are beginning to gradually re-opening from 1 June 2020 in the UK and abroad. Regardless of when your particular centre re-opens, it is still possible to submit your application online. If your visa expires soon, you can apply for your next visa "on-time", i.e. before your current visa expires, by making such an application online and then waiting for the further steps. This keeps you within the Rules and does not make you an overstayer.  Even better, the actual documents (supporting evidence) can be submitted later, thus giving you even more time to prepare while remaining within the Rule on visa expiry dates. We usually have 45 days to provide the documents (ie upload them online to the Government portal) after the online "submission" mentioned above. This is extended for as long as it will take to clear up the backlog.  If you
Read more

How long can a visitor stay in the UK? 6 months from each entry? In a year? In a calendar year?

By 1st 4Immigration - #1 UK Immigration Experts -
Visitors can come to the UK for purposes of tourism, visiting friends, business visits and similar. Visitors can stay for maximum 6 months in each 12 months . Not 6 months from each entry to the UK. Even if your visitor visa is for 5 or 10 years you can still stay for maximum 180 days in each of those years. How to count ‘6 months in 12 months’? A 12 months period starts from ‘now’, date in question or date of entry etc and you need to count backwards (not a calendar year). If you stayed in the UK for the whole 6 months then you have to stay away for the whole 6 months. If you come and go several times during a year then the total must be 180 days cumulatively in the last 12 months. Visitor rules are the same for all. Visitor visa rules aren’t. Visitor rules include: purpose of visits, no right to work, no right to use the NHS, no right to use the public funds (benefits), no right to switch to more serious visas inside the UK, ie no right to switch to a Spouse
Read more

💸 10 common mistakes when meeting the Financial Requirement £18,600 for a UK Spouse visa

By -
Image
#1 Most common - submitting “everything I have’.  Some payslips, a tax return, some savings plus a property deed for good measure. Surely, should work? It may sound logical to provide as much as possible, this is often a nightmare scenario for immigration lawyers and often a direct path to a visa refusal. Financial Requirement is strictly based on the ‘rules’: what income can be used, how various sources can be combined and what documents are needed. We often say there is 75-page office guidance just on the finances: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf  #2 Savings - it’s not £18,600 and not £16,000.  The real amount (for this purpose) is calculated using this formula: threshold you need to meet (such as £18,600) x 2.5 plus £16,000. If you are using savings alone, it would be £18,600 x 2.5 + £16,000 = £62,500!  #3 Employment -  the minimum is 6 months for the sa
Read more