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Working While Awaiting Visa Extension

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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MeriemL
Newly Registered
Posts: 26
Joined: Fri Oct 29, 2021 4:16 pm
United Kingdom

Working While Awaiting Visa Extension

Post by MeriemL » Tue Nov 02, 2021 2:51 pm

Hello,

Would really appreciate if anyone could advise on the issue below:

I have applied to extend my current stay through Exceptional Assurance because of flight unavailability (HO is aware of this) and because my employer is currently applying for a CoS.

I informed my employer as soon as I made the application. However, yesterday I got an email from my employer saying that I cannot go back to work because my visa has expired. I again explained that I have applied for the Exceptional Assurance a week before the date on which my visa would have expired and according to HO official guidance my visa remains valid until I hear back from them.

The employer sent me another email now saying that HR asked their immigration specialist and they confirmed that the application does extend my current visa until I get a decision from HO, but also that HR are "standing firm " on me not returning to work until they get the official document from HO.

It's just so frustrating and unfair, especially when it is clearly stated on the HO guidance that as long as a request is submitted to them before the expiry date of the visa, then the validity of the visa (and right to work) is automatically extended.

Has anyone been through a similar situation? What can I do now?

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