Do I have right to work?

[ddeshaval]

Hi All,

Please help!

I have applied ILR same day PEO on 01 april 2016 and got rejected on section 322 (5). My Visa was valid till 06 April 2016. So, I went for admin review and got same refusal. After admin review I re-applied for ILR within 28 days of admin review refusal as requested by my immigration advisor. I have done my biometric as well now. I was advised by my immigration advisor that I do have right to work.

But now my company received letter from enforcement and was mentioned that I may not have right to work. So, HO asked my company to do ECS check which came as negative. Now my company asked me to leave job. But my immigration advisor is still saying in his view point I have right to work. My company can only take me back if they have any letter from HO.

Please let me know what should I do now?

Any suggestion or advice will be much appreciated.

Thanks

[longhorn]

Lets wait for other seniors to answer but to the best of my knowledge, Leave 3c ends when a decision on your administrative review has been made. The reason why you could make a fresh valid application is because the leave 3c was not valid anymore when you applied.

This eventually means that your new application is not covered by Leave 3c hence you do not have right to work anymore. It may be worth going through the following guide specially the section regarding Administrative Reviews.

https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

[monty87]

@ddeshaval

You do not have right to work as your leave 3C leave expired at the time of AR refusal. Any subsequent applictions after AR refusal does not give you right to work or 3C leave provided that your visa has already expired.

[Obie]

If you adviser had advised you to do a postal application after the 1st April, then you would have succeeded.

The difficulty is, because you have a right to Administrative review, you were not permitted to make a new application.

I believe the adviser was clearly wrong.

You have no write to employment .

[yhm75]

Hi friend

After administrative review result negative you r overstayer
That's why u applied ilr with in 28 days overstay your 3c finished
You don't have right to work allowed

[ddeshaval]

If you adviser had advised you to do a postal application after the 1st April, then you would have succeeded.

The difficulty is, because you have a right to Administrative review, you were not permitted to make a new application.

I believe the adviser was clearly wrong.

You have no write to employment .

Thank you all for your replies....

Can you please confirm me that, is my application still valid or they would just reject my application without considering it.

[helpingperson]

Hi All,

Please help!

I have applied ILR same day PEO on 01 april 2016 and got rejected on section 322 (5). My Visa was valid till 06 April 2016. So, I went for admin review and got same refusal. After admin review I re-applied for ILR within 28 days of admin review refusal as requested by my immigration advisor. I have done my biometric as well now. I was advised by my immigration advisor that I do have right to work.

But now my company received letter from enforcement and was mentioned that I may not have right to work. So, HO asked my company to do ECS check which came as negative. Now my company asked me to leave job. But my immigration advisor is still saying in his view point I have right to work. My company can only take me back if they have any letter from HO.

Please let me know what should I do now?

Any suggestion or advice will be much appreciated.

Thanks

Please could you advise what was exact reason of your refusal?

[monty87]

Thank you all for your replies....

Can you please confirm me that, is my application still valid or they would just reject my application without considering it.

Technically speaking you should have applied within 14 days of admin refusal as stated in your AR refusal letter. 28 days count from the time of your original refusal (01 April). HO will still consider your application as stated in their policies for 322(5)


When a case falls into one of the above categories, you must consider it in line with the guidance in this section, regardless of whether the application is valid or not. However, when you consider such a case, you must only take into account information which is new and was not known to the Home Office at the time of any previous decision.