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Right to work during appeal

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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AmyDanny
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Posts: 1
Joined: Mon Apr 08, 2019 9:11 pm
Taiwan

Right to work during appeal

Post by AmyDanny » Mon Apr 08, 2019 9:23 pm

Hi.
I am new to this and looking for advice.

My partner is a Taiwanese national and has been living in the uk under a married visa. At 5 years she applied for ILR, but applied 2 days late (I know this was a big mistake). She was still within the grace period however.
He application was rejected and we are now going though the appeals process (which was sent on time). Her employer checked her right to work status online and it showed she cannot work. She now has no job and no one will employ her whilst the status is like this.

I does not seem logical that she is legally allowed to remain in the UK whilst the appreals process takes place however she has no right to work or maintain her job.

Does anyone have any experience with this and would know if she does have a right to work?

I have tried to call many departments but as with all things Home Office and UKbA, they are useless and we just keep hitting walls.

Thanks in advance.

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Right to work during appeal

Post by CR001 » Mon Apr 08, 2019 10:05 pm

If she submitted an application out of time, then no she doesn't have the right to work and is not protected under Section 3C of the Immigration Rules.

Why did she submit her ILR application late??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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