working while visa being considered?

[panicstations]

hi i would really appreciate some advice. i am switching from hsmp (expiring on 19th dec) to tier 1 general. i have submitted my application and it should be approved but i am highly paranoid and am worried that there may be something wrong so i am planning for the worst. if indeed my initial application is rejected, i will have to resubmit and there will be no chance of getting it approved and sent back before my hsmp expiry.

my question is: can i continue to work in the uk after 19th dec (when my hsmp expires) whilst awaiting the decision on my tier 1 visa extension?

please advise... thanks!!

[ChetanOjha]

my question is: can i continue to work in the uk after 19th dec (when my hsmp expires) whilst awaiting the decision on my tier 1 visa extension?

Yes you can.

[panicstations]

thanks for that quick reply.

this doesn't seem to be stated anywhere on the ukba website or any of their guidance notes (unless i'm being ignorant).

in case my employer (who is not the brightest) asks for evidence that i can continue to work beyond my current hsmp expiry date, what can i use to prove that i am legally allowed to continue working while awaiting my visa extension approval?

[ChetanOjha]

thanks for that quick reply.

this doesn't seem to be stated anywhere on the ukba website or any of their guidance notes (unless i'm being ignorant).

in case my employer (who is not the brightest) asks for evidence that i can continue to work beyond my current hsmp expiry date, what can i use to prove that i am legally allowed to continue working while awaiting my visa extension approval?

You can provide the acknowledgement letter you received for your application. Also search this forum. I am sure this question has been raised and if I remember correction there are discussion about "Section 3C" for the same.

[HSMPLOCHA]

In most of the cases I know of the employer writes to the Home office to confirm your right to wprk in UK.

They will confirm your status here. Need not worry. Just give your employer the email id of Home office. OR as suggested show your employer the letter from UKBA that your application is in progress.

Please note if your employer has employed you knowing you are on HSMP he will know the rules and whom to contact if in doubt. It is mandatory for the employer to make necessary checks before employing you. Point is he will not be all that ignorant on HSMP.

[dusk82]

Section 3C immigration and asylum act