Immigrationboards.com

Good afternoon, please advise on the following. Your advice is much appreciated.

Current situation is:
After the appeal (in lower tribunal) against Home Office decision on refusing Indefinite Leave to Remain (ILR) , was applying for further permission to appeal to higher tribunal. In result permission was denied.

Now planning to make a new ILR application based on human rights ASAP.

I have received mixed information whether applicant has the rights to work in UK or not during the "in between" period prior to submitting a new ILR application. Please advise, and kindly provide a link where the official information can be found.

Thank you ever so much in advance!
Elena

During the appeal process, your previous rights from your last leave to remain (like the right to work) is extended under Section 3C. However when you exhaust all your options, you become an overstayer and then you lose your right to work until you hear back the result of your fresh application. You need to apply for a new application within 14 days of becoming an over stayer.

Also from Applications from overstayers (non family routes)

Migrant’ s status following submission of an application within 14 days of overstaying
The submission of an application within the 14 day period of overstaying does not mean the migrant’s previous leave is either re - instated or extended. Therefore an applicant without valid leave at the point they submit their application continues to be an overstayer from the point their leave expired and throughout the period their application is pending.

As the applicant has no leave during the period their application is pending they have no permission to work in the UK.