Can I Work While My Visa Application Is Being Processed?

There may be, sadly, no easy reply to the query ‘Can I work whereas my visa utility is being processed?’.

When you’ve utilized to increase or change your work visa, it’s possible you’ll be permitted to hold on working in your current employer pending a call from the UK Residence Workplace, however this can depend upon each the timing of your utility and the situations of your earlier go away.

To work legally within the UK, all international nationals should maintain legitimate immigration standing which allows them to do the work in query, normally by the use of a piece visa. Which means in case you’ve not but been granted a piece visa the place one is required underneath the UK’s Immigration Guidelines, you’ll be prohibited from enterprise employment. Even in case you’ve beforehand been granted a visa, it’s possible you’ll be prohibited from working if that is not legitimate or has expired.

Under we look at the foundations regarding the fitting to work within the UK, together with the circumstances during which an individual could also be permitted to work whereas ready for a visa determination.

Working with out the fitting to work

It’s unlawful for somebody who’s topic to immigration management to undertake work within the UK in the event that they’re disqualified from working by motive of their immigration standing, and that particular person both is aware of or they’ve cheap trigger to imagine that that is the case.

Which means when you have not but been granted the fitting to work within the UK, or don’t in any other case have the fitting to work underneath the Guidelines, it could be unlawful so that you can undertake work of any sort. You can even be classed as an unlawful employee if the go away you’ve got is invalid or ceased to have impact, or doesn’t permit the form of work that you just’re doing.

Equally, it’s a legal offence for an employer to make use of somebody that they know or has cheap trigger to imagine doesn’t have the fitting to work within the UK. This consists of the place an employer is conscious or suspects {that a} employee doesn’t have go away to enter or stay within the UK, any prior permission has expired, or they’re not permitted to do sure forms of work.

Working illegally within the UK, or turning a blind eye to using unlawful migrants, is punishable by imprisonment, a effective or each. Any employer who fails to hold out a prescribed proper to work examine earlier than using a migrant employee, or to hold out a follow-up examine for somebody with time-limited permission to be within the UK, may also be liable to a civil penalty.

What does the legislation say about working whereas a visa is being processed?

If an individual topic to immigration management requires a visa to undertake work within the UK, and doesn’t presently maintain a legitimate visa, they won’t be permitted to undertake work until and till a optimistic determination is made by the Residence Workplace on any pending utility. When you do work in circumstances the place you’re not legally permitted to take action, you possibly can be criminally prosecuted. This might additionally jeopardise any pending or future immigration utility.

Nevertheless, there are particular legislative provisions that may allow a person to proceed to work for his or her current employer, having already been granted permission to work within the UK however the place an extension or variation of their visa is required. Beneath part 3C of the Immigration Act 1971 (as amended), the place an utility is made to increase or range an individual’s current go away, and the appliance isn’t determined earlier than that go away expires, that permission can be prolonged till the appliance is determined or withdrawn. Nevertheless, any utility for a brand new visa have to be made in time. An in-time utility is one made by an individual within the UK who on the time of making use of has go away to enter or stay.

Basically, you’ll be granted part 3C go away if:

• you’ve got both restricted go away to enter or stay within the UK
• you apply for variation of that go away
• your utility for variation is made earlier than the go away expires
• your go away expires with out the appliance having been determined
• your utility for variation is neither determined nor withdrawn.

The aim of part 3C go away is to stop anybody who makes an in-time utility to increase or range their go away from changing into an overstayer whereas they’re awaiting a call from the Residence Workplace, and whereas any enchantment or administrative evaluation they’re entitled to is pending.

Part 3C continuation of go away 

To profit from part 3C go away whereas a visa utility is pending, and to have the ability to work within the interim interval, there are particular guidelines that have to be adopted.

Particularly, part 3C doesn’t lengthen go away the place the appliance is made after any present grant of go away has expired. Which means even in case you held a piece visa, in case you apply to increase that visa after it runs out, you’ll not profit from any continuation of go away. Your utility have to be made throughout the foreign money of your current proper to work. That utility should even be legitimate, the place an invalid visa utility doesn’t lengthen go away underneath part 3C.

The place a piece visa utility is made in time, however is procedurally faulty, the appliance could also be rejected as invalid. This may very well be, for instance, the place the flawed payment is paid, the flawed type is used, obligatory sections are incomplete or obligatory paperwork usually are not submitted.

The place an invalid utility is obtained and a payment has been paid, even when it’s the flawed payment, the Residence Workplace might present the applicant with a single alternative to appropriate any omission or error. Nevertheless, you’ll solely be given 10 working days to answer the request.

If the error or omission is satisfactorily rectified, the appliance can be classed as ‘validated’. Which means will probably be handled as legitimate from the date it was first made. The place the error or omission isn’t rectified, for instance, the place the requested payment or additional data isn’t obtained, or the appliance nonetheless stays invalid, then go away won’t be prolonged by part 3C.

Are the foundations totally different for several types of visa utility?

The principles regarding part 3C go away apply equally to all extension purposes. Having submitted a legitimate and in-time utility, the provisions of part 3C ought to come into play. The good thing about having Part 3C go away is to allow, amongst different issues, an applicant who has submitted a well timed utility to proceed in employment while awaiting a call from the Residence Workplace, offered the situations of their go away allow this.

In all circumstances, until the situations of their go away are diversified, a visa applicant with part 3C go away will stay topic to the situations connected to their extant go away. For instance, anybody topic to a situation permitting employment might proceed to work as they did earlier than, though any restrictions on the kind of work allowed will nonetheless apply. Which means your immigration standing will keep the identical when you look forward to a call, however you’ll not normally be permitted to work in a very totally different job or for a brand new employer within the interim interval.

It’s vital to remember that part 3C go away could be cancelled with quick impact in case you fail to adjust to a situation connected to your earlier grant of go away, or the place deception is used or has been utilized in looking for go away to stay, resembling submitting false documentation or making false representations. Moreover, go away underneath part 3C will lapse in case you go away the UK, so although you’ll nonetheless retain your passport whereas ready for a call, it’s essential to not journey abroad whereas your visa utility is being processed.

What in case your visa utility is delayed?

Offered you’ve submitted your extension utility previous to expiry of your current visa, and that utility isn’t rejected as invalid, any delay in deciding your visa utility won’t normally influence any continuation of go away. It’s because part 3C go away can be triggered on any legitimate in-time utility the place your go away expires pending a call from the Residence Workplace. Nevertheless, you’ll be restricted to the situations of your prior grant of go away.

The ready time for a visa utility begins when you’ve submitted your utility and ends while you get both a letter or an e mail with a call from the Residence Workplace. Typically, it’s best to normally get a call in your work visa inside 8 weeks. You may want to attend longer for a call in case your utility isn’t simple, for instance, in case your paperwork must be verified or as a result of it’s essential to attend an interview.

You might be able to pay for a sooner determination utilizing the precedence or tremendous precedence companies. Beneath the precedence service, you may get a call inside 5 working days at an extra price of £500, or by the top of the subsequent working day underneath the tremendous precedence service at a value of £800. When you apply for a sooner service and your utility isn’t simple, this will take longer, however your utility will nonetheless be prioritised at each stage of the decision-making course of.

Proving your eligibility to work to an employer

By legislation, your employer should conduct a prescribed proper to work examine earlier than using you. They have to additionally conduct a follow-up examine when you have time-limited permission to be within the UK.

Typically your employer can use the Residence Workplace on-line ‘Proper to Work Checking Service’. Which means in case you apply for a brand new work visa and a optimistic determination is made in your utility previous to expiry of your current go away, you’ll normally be capable of show your ongoing proper to work on-line. The web service works on the premise of you first viewing your personal Residence Workplace proper to work document, the place you’ll be able to share this data along with your employer by offering them with the proper ‘share code’. Alternatively, your employer can conduct a handbook examine of your proper to work.

In circumstances the place you’ve got made an extension utility however a call has not but been made, proving your proper to work generally is a little trickier. You might not have obtained clear notification from the Residence Workplace confirming receipt of your extension utility and/or the date that this was obtained. This may trigger appreciable nervousness for an applicant ready for a call, particularly the place their current work visa is because of expire.

Nevertheless, the place you can’t present your paperwork due to an impressive enchantment, evaluation or utility with the Residence Workplace, your employer can ask the Residence Workplace to examine your immigration standing utilizing the web ‘Employer Checking Service’. To request a examine, your employer might want to present the Residence Workplace with the next data:

• Your title, date of delivery, nationality and residential deal with
• Your job title and hours labored per week
• Your Residence Workplace reference quantity or case ID, when you have both.

When you’ve not but been allotted a Residence Workplace reference quantity or case ID, it’s best to contact UK Visas and Immigration by put up or e mail, though you may additionally wish to search skilled recommendation from an immigration specialist, particularly if cessation of employment is a risk.

The principles round part 3C go away are advanced and, in some circumstances, may end up in unfathomable penalties for even essentially the most cautious visa applicant. For instance, in case you make an in-time utility effectively earlier than your current grant of go away expires, however that utility is refused when you nonetheless maintain extant go away, you’ll not have met the elemental prerequisite that your utility was nonetheless pending on the level your go away expired. In these circumstances, one other utility will must be submitted in a short time. By looking for skilled recommendation, this will help to keep away from any part 3C go away points, making certain you’ll be able to proceed to work no matter your wait.

Want help?

DavidsonMorris are UK immigration specialists. For skilled steerage on a UK visa utility and your eligibility to work, contact us.

Proper to work whereas awaiting a visa determination FAQs

Final up to date: 24 August 2021