Author Topic: Rights to work during application switch (14 days in between)  (Read 213 times)

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Offline Elena22

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Hello, kindly advise on the following. Your advice is much appreciated.

Current situation:
Appealed against Home Office in lower tier tribunal (Indefinite Leave to Remain) , in result received a negative decision.
Afterwards, applied for permission to appeal to the higher tribunal, this was also denied.

Now putting together a new application for ILR based on different circumstances.

My question is:
 now that there is no further option to appeal and reply from last application (for permission to appeal ) was negative.  Does this person now have the right to work during the 14 days between applications? Once new application is submitted for ILR I understand person becomes an overstayer until decision on new application is received and has no right to work.

Or in this case, once permission to appeal was denied then automatically the person has no right to work?  If so then where can I find this official information?


Thank you very much in advance for your reply.

Kind regards,
Elena

Online KFdancer

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Re: Rights to work during application switch (14 days in between)
« Reply #1 on: March 17, 2017, 10:07:54 PM »
What visa did you hold prior to your ILR refusal?  When did that expire?

Why was your ILR refused?

Offline Elena22

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Re: Rights to work during application switch (14 days in between)
« Reply #2 on: March 17, 2017, 10:27:00 PM »
Thank you for your quick reply.

Previous visa was student (expired October 2014) Then ILR was applied for based on 10 years residency. Main Reason for refusal was a year of professional placement based in Belgium as part of university degree, (during the year returned to UK a couple of times so it was not a full year away).

Thank you

Online KFdancer

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Re: Rights to work during application switch (14 days in between)
« Reply #3 on: March 18, 2017, 09:47:50 AM »
Ah, but you have to have been a continuous resident for 10 years, so a year at University in another country is not going to meet that requirement.

As the visa expired in 2014, there is absolutely zero chance of working during the appeal process.  Sorry it's not better news.  What has your visa status been since 2014?

Online Sirius

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Re: Rights to work during application switch (14 days in between)
« Reply #4 on: March 18, 2017, 11:42:42 AM »
Hello, kindly advise on the following. Your advice is much appreciated.

Current situation:
Appealed against Home Office in lower tier tribunal (Indefinite Leave to Remain) , in result received a negative decision.
Afterwards, applied for permission to appeal to the higher tribunal, this was also denied.

Now putting together a new application for ILR based on different circumstances.

My question is:
 now that there is no further option to appeal and reply from last application (for permission to appeal ) was negative.  Does this person now have the right to work during the 14 days between applications? Once new application is submitted for ILR I understand person becomes an overstayer until decision on new application is received and has no right to work.

Or in this case, once permission to appeal was denied then automatically the person has no right to work?  If so then where can I find this official information?


Thank you very much in advance for your reply.

Kind regards,
Elena

You have been given the offical information (government links) already. I'm sorry, but as those links show, people become overstayers when they exhaust all their appeal rights. Overstayers are not allowed to work.
https://www.immigrationboards.com/indefinite-leave-to-remain/rights-to-work-during-application-switch-t227213.html

I'm not sure if you realise, but the writing in blue in Zimba's post, are the links to the official information you wanted.
« Last Edit: March 18, 2017, 12:28:59 PM by Sirius »

Online Sirius

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Re: Rights to work during application switch (14 days in between)
« Reply #5 on: March 18, 2017, 11:48:42 AM »
What has your visa status been since 2014?

Probably using 3c of the immigration rules to keep their stay legal, by putting in all their appeals in time? 3c gives work rights and as they are still legal, they can use all the appeal years to reach 10 years of legal stay for ILR.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/596771/3C-3D-Leave-v8_0.pdf
« Last Edit: March 18, 2017, 11:59:03 AM by Sirius »