Can I work while waiting for the decision of my new visa application?

I was on a Tier 4 student visa from the US.

I have finished my course and my visa expired on the 5th of February but I have an FLR(M) application in with the Home Office since the 2nd of February.

What are the rules on working while my FLR(M) visa is being processed? I have read endlessly that you retain the working rights you had whilst on your previous visa while you wait for the decision on your application. However, yesterday a NI employee told me this was not the case.

Does any one have any insight on this?

I was on a Tier 4 student visa from the US.

I have finished my course and my visa expired on the 5th of February but I have an FLR(M) application in with the Home Office since the 2nd of February.

What are the rules on working while my FLR(M) visa is being processed? I have read endlessly that you retain the working rights you had whilst on your previous visa while you wait for the decision on your application. However, yesterday a NI employee told me this was not the case.

Does any one have any insight on this?

You can work.  You just have to follow the restrictions of the Tier 4 until the FLR is approved. 

You can work.  You just have to follow the restrictions of the Tier 4 until the FLR is approved. 

Thank you for replying 

This is what I thought!

I am currently working now and my job follows the restrictions (zero hour, not permanent).

I know that the Tier 4 visa allows for 20 hours a week working during term time and full-time work during vacation periods.

Am I allowed to work what would be full time? What guidelines do I follow as I am technically no longer in an 'academic year'?

Sorry for all the questions, it's just really stressful as I have been working on it.

I have read endlessly that you retain the working rights you had whilst on your previous visa while you wait for the decision on your application. However, yesterday a NI employee told me this was not the case.

Section 3c of the Immigration Act 1971. A valid, in time application for another UK visa, gives you the same right as your previous visa until your new visa is appoved by UKVI.

 If you were allowed to work 10 or 20 hours a week work during term time on your Tier 4 visa, then you can continue to work that 10 or 20 hours a week granted during term time while you wait for your new visa to be approved. I believe the start of a week for working is counted from a Monday for those on a Tier 4?

If you paid the IHS, then you can contiue to use the NHS bill free. etc

Section 3c of the Immigration Act 1971. A valid, in time application for another UK visa, gives you the same right as your previous visa until your new visa is appoved by UKVI.

 If you were allowed to work 10 or 20 hours a week work during term time on your Tier 4 visa, then you can continue to work that 10/20 hours a week during term time while you wait for your new visa to be approved. I believe the start of a week is counted from a Monday for those on a Tier 4?

If you paid the IHS, then you can contiue to use the NHS bill free. etc

But does it matter that I am no longer a student (as I've finished my course) and not technically on term time?

But does it matter that I am no longer a student (as I've finished my course) and not technically on term time?

I think it does as you don't have permission to work full time all of the time, as your Tier 4 visa leave limits you to just 10 or 20 hours a week (whatever was granted) during term time. Have a read of 3c and see what you think.
http://www.legislation.gov.uk/ukpga/1971/77/section/3C

This section applies if—

(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

(b)the application for variation is made before the leave expires, and

(c)the leave expires without the application for variation having been decided.

and

(3A)Leave extended by virtue of this section may be cancelled if the applicant—

(a)has failed to comply with a condition attached to the leave, or

I think it does as you don't have permission to work full time all of the time. Have a read of 3c and see what you think.
http://www.legislation.gov.uk/ukpga/1971/77/section/3C

This section applies if—

(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

(b)the application for variation is made before the leave expires, and

(c)the leave expires without the application for variation having been decided.

and

(3A)Leave extended by virtue of this section may be cancelled if the applicant—

(a)has failed to comply with a condition attached to the leave, or

So you would think I now can't work?

So you would think I now can't work?

What work rights did your Tier 4 visa state?

What work rights did your Tier 4 visa state?

"The maximum amount of part time work a Tier 4 international student can do during
semester time is 20 hours per week if you are studying at degree level or above. If
you are studying at a lower level (e.g. a foundation student) you are limited to 10
hours per week.
You can work full time in vacation periods. University semester dates are available
on the Academic Calendar at https://www2.ljmu.ac.uk/academiccalendar/
If you are completing a course that does not fall within the usual LJMU term dates,
you are limited to a maximum of 20 hours per week as long as you have continuing
academic commitments. For example; if you are enrolled on a postgraduate taught
programme you are not allowed to work full time during the summer while you are
completing the dissertation."

What work rights did your Tier 4 visa state?

Normally you can work full time if you have finished your course as that is considered vacation time.

From the Tier 4 Policy Guidance:

305. You may work full-time after your course has ended, provided your conditions of stay permit work during term time and you have leave to stay in the UK. The period at the end of the course is considered vacation time.

306. If, having fully completed the course for which your CAS was assigned, you make an application for leave under the points-based system before your existing leave expires, you will be permitted to work full-time, within the limits described above, until your application is decided.

Ah, just noticed that 306 only mentions applying for leave under the points system and not a settlement visa.


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Unless vinny is around, you can ask on the following forum. They will know as they are a very busy site and would see this all the time. I don't think we know for sure.
https://www.immigrationboards.com/immigration-for-family-members/

Unlike the EU rules, UK immigration laws are complicated and it seems that the laws trump any guidance.   and other things like that  I don't know how ksand keeps up with it all.

Look at the last 3 posts on this thread on that site
https://www.immigrationboards.com/uk-tier-4-student-visas/permission-to-work-while-in-flr-o-t180229.html

It's 2 years old but I think Frontier Mole works for UKVI (the different coulour username) and Sah seems to be something to do with student visas and they say 20 hours working. I don't know if the rules have changed in the last 2 years but both those posters are still on there. Sah is always on their Tier 4 visa board answering questions and will be quick with a response. Perhaps link that thread and ask if it is still the same working allowed rule as you were on a Tier 4 and have an application in for FLR(M)?

I think Frontier Mole works for UKVI ...

Could that username be any more perfect? 

Could that username be any more perfect? 

Yet still people miss it and post things that they might not want to tell UKVI.