Changing employers/taking up a new job in a different company whilst on Section 3C

Hi all,

Was wondering if anyone can help with this.
My wife is currently on a spousal visa, submitted online application for FLR (M) prior to BRP expiry and is now on section 3C as due to covid-19 has been unable to book or attend a biometrics appointment and her BRP has now ‘expired’.

She was recently approached by a headhunter for a major multinational for a different opportunity (she is however currently employed and has been since March 2019) with the same organisation.

What are her options? I assume she will need to stay put with current employer whilst on section 3C and will not be able to move companies or take on a new opportunity?


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Whose income are you using to meet the financial requirement for the visa?

If it’s her income, she will need to stay at her current job until after her visa is issued, so that she continues to meet the visa requirements while it is processing.

However, if you’re using your income for the visa and not hers, then she is free to change jobs while waiting for the visa to be processed. The hurdle however may be getting a company to hire her while she has a visa pending, given that she won’t have evidence of a current valid visa.


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Whose income are you using to meet the financial requirement for the visa?

If it’s her income, she will need to stay at her current job until after her visa is issued, so that she continues to meet the visa requirements while it is processing.

However, if you’re using your income for the visa and not hers, then she is free to change jobs while waiting for the visa to be processed. The hurdle however may be getting a company to hire her while she has a visa pending, given that she won’t have evidence of a current valid visa.


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Thanks Ksand24,

Thankfully it is reliant on my income not hers.

I have been trawling through google to try and understand what documentary evidence she needs to produce if she wants to take up a new job, as I am pretty certain an expired BRP is pretty much defunct now...




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I have been trawling through google to try and understand what documentary evidence she needs to produce if she wants to take up a new job, as I am pretty certain an expired BRP is pretty much defunct now...

Exactly. In order for a new employer to hire her they will need to see her passport and valid BRP... the latter of which she doesn’t currently have.

Now, the employer can use the online employee checking service to check her right to work, but I’m not sure they will be comfortable with hiring her before she has her new BRP. They can be fined £10,000 if they hire someone who does not have the right to work, so they may be extra cautious regarding seeing her right to work documents.


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Thought so.
I will pacify her and let her know that other opportunities will come her way shining through! And to stay put where she is now.

Oh the joys of operational process faux pas due to all things Covid!


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