Visa expired while decision pending, can i work

[Bernie]

My situation:

--Had HSMP visa, sent in application for further leave to remian before HSMP expired

--Visa expired while waiting for a decision, section 3C of immigartion act of 1971 says that leave is extended

--Application returned to me as invalid as I had paid the wrong fee, letter from home office says to submit a fresh application

--submitted fresh application with updated documents but because it is a new application with a new submission date and my visa has expired i am classed as an overstayer - is this correct?

--Section 3C of the immigration act of 1971 says a "valid" application needs to be made before leave expired in order to be triggered - does this mean I dont have extended leave to remain under the act which implies that I cant work?

--section 3C of the act also says that it is in force while an application is undecided and not withdrawn which also seems to apply to me. So does this mean I do have extended leave to remain under the act and can work until the HO reaches a decision?

I have more than enough points and my docs are all 100% so I dont think they have any reason to refuse my application. I am mainly concerned about whether I should work while waiting for an answer (waiting for 6 weeeks without work is not ideal for me or my employer).

Also, I think a read somewhere that you can get a letter from the HO stating that it is ok for you to work, has anyone else heard of something similar, when I called the HO they didnt have any idea.

Any help or advice would be appreciated as it seems I am in a bit of a grey area here and dont want to take any chances.[/list]

[arsenal49]

your right since you apply AFTER your leave was expired, you are not protected under section 3c.

Having said that, you will not be punished because you were permitted to submit new application even after your leave was expired.

If i were in your shoes, i would not work because this is a grey area, or rather area which is kinda unique so not many people can give you advice with 100% evidence to back up their statement.

Now, what i can suggest you to do is...ask your employer to make a query with UKBA as an employer, requesting advice on whether you can work or not.

UKBA directly will let employer know if your application is currently pending or not and also if you can or can not work.

Employer's help line number is given on UKBA website

Hope it helps.

regards

[Sushil-ACCA]

My situation:

--Had HSMP visa, sent in application for further leave to remian before HSMP expired

--Visa expired while waiting for a decision, section 3C of immigartion act of 1971 says that leave is extended

--Application returned to me as invalid as I had paid the wrong fee, letter from home office says to submit a fresh application

--submitted fresh application with updated documents but because it is a new application with a new submission date and my visa has expired i am classed as an overstayer - is this correct?

--Section 3C of the immigration act of 1971 says a "valid" application needs to be made before leave expired in order to be triggered - does this mean I dont have extended leave to remain under the act which implies that I cant work?

--section 3C of the act also says that it is in force while an application is undecided and not withdrawn which also seems to apply to me. So does this mean I do have extended leave to remain under the act and can work until the HO reaches a decision?

I have more than enough points and my docs are all 100% so I dont think they have any reason to refuse my application. I am mainly concerned about whether I should work while waiting for an answer (waiting for 6 weeeks without work is not ideal for me or my employer).

Also, I think a read somewhere that you can get a letter from the HO stating that it is ok for you to work, has anyone else heard of something similar, when I called the HO they didnt have any idea.

Any help or advice would be appreciated as it seems I am in a bit of a grey area here and dont want to take any chances.[/list]

so long HO has not warned u about work than u should be ok ,

condition is that HO HAS ASKED TO REsubmit application

[Bernie]

Thanks for both replies. HO didnt say that I shouldnt work and they specifically requested that I send in a fresh application in the response letter I got back from them on my first application.

I am getting my employer to call them anyway (but waiting for ages without getting through so going to try again later) to be safe.

Will update on progress.

Very helpful forum, thanks everyone..