Working while waiting for out-of-time application

[divine_]

I had applied for PSW visa before my student visa expired, but unfortunately due to a problem with the payment it was returned as invalid. As soon as I got the documents back I re-applied with a covering letter why it is now an out-of-time application.

It is clear that you can work full-time whilst waiting for the decision on a Tier 1 PSW visa application provided that you applied before your previous visa ran out.

My question is:

Does anyone have any knowledge if one can work while waiting for a decision on an out-of-time application (though less than 28 days), or if there have been such cases?

Please do not regurgitate back to me the information already available, I am aware of the rules and such, only looking to see if anyone knows of similar cases, exceptions, etc.

Many thanks in advance.

[Greenie]

the reason you can work whilst waiting for a decision on an in -time PSW application is that if you make a valid in time application before your leave expires, and you leave subsequently your leave is treated as continuing under section 3C of the Immigration Act 1971. Section 3C provides that your rights and entitlements (including the right to work, if your student visa allowed this) remain in tact whilst the application and any appeal is on going. However if you make an out of time application, your leave has already expired, hence you no longer have the right to work. Making an out of time application does not stop your overstay, you overstay until you are granted leave to remain or leave the UK. Therefore you do not have the right to work if you make an out of time application.

[divine_]

Thanks for the reply, just as I thought...

If they decide in my favour and grant me the visa, what problems should I expect in the future given that I'll have been an overstayer for at least 4 months?

Would it be a problem if I try to switch to become a dependent on my partner (British citizen)?

I wish I had gone for it to start with, thought PSW visa would be very straightforward, how wrong I was...

[Greenie]

It wouldn't effect an application to remain here on the basis of a British partner if that application were made in country. You would have to make sure you declare the overstay.

It constitutes a break in your continuous lawful residence meaning that your clock would be stopped for example if you were intending on applying for ILR on the basis of 10 year's lawful residence for example.

[divine_]

That's very helpful, thanks very much!

[stebe]

can you please provide me the link or something explains that you cannot work at the time on the out of time application

[Greenie]

You cannot work if you are an overstayer. Making an out of time application doesn't stop you from overstaying.