Right to work - Tier 2 to Spouse

[carlinac]

Hi,

My wife has applied for the Spouse visa and has submitted all documents and was eligible for Biometric reuse with the IDV app. She has been invited to use the IDV app and is now waiting for a decision. Currently she is on a Tier 2 General Visa for a large accountancy firm.

She has already got a new job since applying to switch the visa to Spousal. Can she work for the new employer while she is waiting for the decision? Her current employer isnt sure if she is eligible because current visa is still with the old company.

Thanks

[CR001]

Can she work for the new employer while she is waiting for the decision?

No she cannot. She can only work for her tie 2 sponsoring employer. Her existing tier 2 visa conditions continue while an application is pending a decision with ukvi. So until she has her spouse visa and BRP, she cannot change jobs. Simply having a pending application doesn't give her the right to work for anyone else.

Her current employer isnt sure if she is eligible because current visa is still with the old company.

She cannot work for anyone other than the company who sponsored her tier 2. She is in breach of her visa conditions if she does.

[carlinac]

Thanks for the reply.

She will leave her current employer at the start of October and visa expires 15th October. Is she allowed to stay in the UK until a decision is made?

This is obviously not ideal as we have many bills to pay and if she can’t work while she is waiting for a decision then things will be tight financially.

[CR001]

Is she allowed to stay in the UK until a decision is made?

Yes but cannot work until her spouse visa is approved.

This is obviously not ideal as we have many bills to pay and if she can’t work while she is waiting for a decision then things will be tight financially.

Fingers crossed then you get a result soon on the visa.

[carlinac]

Thanks CR001, appreciate the help.