Immigrationboards.com

Dear Gurus,
I have a friend on Tier 2 and applied for ILR. She is still waiting for Home Office to make decision on her application. The ECS check conducted by her company revealed that she has the right to work in the UK.
Question: Does she currently have the valid leave in the UK?
Please kindly assist to provide yes/no answer.
Many thanks.

Question: Does she currently have the valid leave in the UK?

Not 'valid leave' as such, but if she made an ILR application before her tier 2 general visa expired, then she is protected under Section 3C of the immigration rules, which her tier 2 visa conditions continue until HO have made a decision on her ILR application.

She is not 'illegal'.

Thank you CR001 for your expert response.

My concern is:

if she doesn't have valid leave currently, why does she still continue to pay monthly tax through PAYE?

why does she still continue to pay monthly tax through PAYE?

Because she has to pay tax, like all of us. Her tier 2 visa conditions continue/are extended under section 3c of the rules. This doesn't mean she 'doesn't have to pay tax'.

If she is permitted to work, as the ECS check has confirmed, she has to pay tax.

If you believe she doesn't have valid leave, then she shouldn't even be working - if you look at it from any angle.

good response:

so if she is working then she has valid leave - is that correct?