working while waiting for FLR response

[schin]

I wanted to find out something. I am submitting my application with 10 days left on my initial HSMP visa because I need to have 75 points needed. I know they are taking about 5 weeks to process FLR applications.

Can i continue to work after my visa expiry date while waiting for my FLR application at the Home Office. Paragraph 21 in FLR HSMP guidance notes says something like that but its not very clear.
My employer will also want to be sure just in case it is illegal to continue to work.

anyone help?

[SYH]

Your employer should call if he isn't sure
You can continue to work until a decision is made

[makon]

if you read the guidance you'll see where its stated that you can continue to work pending the determination of your application

[John]

Technically what happens is this. As long as the new visa application is made no later than the expiry date of the old visa then the applicant has so-called Section 3C protection. That is the old visa is "treated as continuing" even though the stated expiry date has passed.

Accordingly if the old visa permitted work, then yes, permission to work continues while BIA decide upon the new visa application.

But if the old visa visa did not permit work ... such as a fiancé visa .... then there is no permission to work while the new visa application is considered ... even though the expected spouse visa will permit work when issued.