Tier 1 being processed contracting agency requires evidence

[mointampa]

Hi - My HSMP is due to expire on 20th december.
I was going to put in for an extension in the first week of december.

I got a call from the agency I contract through and they want to see the new visa. I tried to explain to them that while the new visa is being processed I am covered under the same immigration status. However that was not good enough for them, they require a letter from the homeoffice.

Has anyone had to do this before? Is there any number they could call to check my status? Or is there a link on a website that clearly spells out the rule?

Thanks in advance.

[raymasa2]

Hi - My HSMP is due to expire on 20th december.
I was going to put in for an extension in the first week of december.

I got a call from the agency I contract through and they want to see the new visa. I tried to explain to them that while the new visa is being processed I am covered under the same immigration status. However that was not good enough for them, they require a letter from the homeoffice.

Has anyone had to do this before? Is there any number they could call to check my status? Or is there a link on a website that clearly spells out the rule?

Thanks in advance.

Go to:

http://www.ukba.homeoffice.gov.uk/sitec ... tier1-hsmp

On that page, click on the link "How do I apply for further leave to remain if I am a work permit holder", which will take you to:

http://www.ukba.homeoffice.gov.uk/worki ... extending/

Scroll all the way down, under "Frequently Asked Questions":

"What is my immigration status while my application is being decided?"

Essentiall it says what you said, that is your status will continue until the case is decided.

"If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided"

Ray

[dusk82]

the formal evidence for continued right to work whilst an application is being decided is under section 3c Immigration and Asylum Act 1998. you can google this and there are may links which has a copy of the full legislation.

if you are an employee of the company as opposed to a contract or agency worker, the employer must take this law as evidence of your legal right to work, of course subject to confirmation or receipt of documentary evidence that you have submitted an intime application, as dismissal on the basis of "mere absence of valid visa" may be grounds for unfair dismissal especially when you have provided the evidence to show that you can LEGALLY work in the UK whilst the application is being decided.