timed up application psw and work

stebe · Post by **stebe** » Sun Jun 17, 2012 6:18 pm

I applied for psw before my student visa expires and its has been invalid and returned for some reason and i made the application on time,but my visa expired by then, so can i continue work till waiting for the decision.

Post by **Greenie** » Sun Jun 17, 2012 6:21 pm

stebe · Post by **stebe** » Sun Jun 17, 2012 6:55 pm

where its mentioned like so

Post by **Greenie** » Sun Jun 17, 2012 7:04 pm

persons subject to immigration control can only work if they have extant leave to remain permitting them to work. If you overstay, you no longer have leave to remain and therefore no longer have permission to work. Making a valid in time application to extend or vary leave prevents you from becoming an overstayer by virtue of section 3c of the Immigration Act 1971, however if you don't make a valid application section 3c does not operate and therefore your leave expires along with any conditions attached to it.

See section 3c immigration act 1971

stebe · Post by **stebe** » Sun Jun 17, 2012 7:14 pm

pls understand my condition

i applied for psw on time ie before my leave on student visa expired and
for no reasons of mine for sure it got invalid. i got it back after student visa expired and i applied again with in days. no decison yet and its hasn't been 6 months from last applied and i did the biometrics too after the last application. ok now tell me am i allowed to work as i made the application in time first

Post by **Greenie** » Sun Jun 17, 2012 8:03 pm

stebe wrote:pls understand my condition

i applied for psw on time ie before my leave on student visa expired and
for no reasons of mine for sure it got invalid. i got it back after student visa expired and i applied again with in days. no decison yet and its hasn't been 6 months from last applied and i did the biometrics too after the last application. ok now tell me am i allowed to work as i made the application in time first

i understand your position. I am merely telling you what the law says, and the law says that in order for your leave to extended under Section 3C, you have to make a valid in time application, which it seems you didn't.

Why was your application returned as invalid, how long after you made the application was it returned to you as invaliid, and when did your leave expire.

what do you mean you gave biometrics after the last application? you mean the one that was invalid?

stebe · Post by **stebe** » Sun Jun 17, 2012 8:12 pm

made and first application in december 20 leave expired on december 22. ok And later 1 month after it came back as invalid due to fees payment problem as, i am so confident of my card details being correct and no declined transaction, bank confirmed. so how can it be my mistake. i applied again withindaays and got the biometrics letter in just one month time and i did it in days. they have given me a online account to do the choosing of date and place to do that for convenience, which is for everyone and you know that too.

i did that and after that no reply from them. now could you tell me

Post by **Greenie** » Sun Jun 17, 2012 8:18 pm

the answer is still the same - if the application is invalid then legally you can't work for the reasons already explained. Did you keep a copy of the payment page?

stebe · Post by **stebe** » Sun Jun 17, 2012 8:19 pm

no, i didn't

stebe · Post by **stebe** » Sun Jun 17, 2012 8:22 pm

so can stay or not, so how can you make sure if the fault is from whom, we don't know that when applying all these going to happen, lets say if the passport is missing and got returned to as as a result of invalid application, but we are sure that the passport was sent along with the documents, whose problem is that. what can you do then

Post by **Greenie** » Sun Jun 17, 2012 8:25 pm

if you believe the application was valid then you can challenge the UKBA by way of judicial review, but without having evidence of your payment page, you will be unable to prove that the application was valid.

stebe · Post by **stebe** » Sun Jun 17, 2012 8:49 pm

pls answer the last question

Post by **Greenie** » Sun Jun 17, 2012 9:01 pm

what question? about the passport being missing? Again if you have evidence you sent the passport (for example by the fact that you mentioned the passport on the form and in the summary section) then you would argue that the passport was sent and therefore the application valid, but this isn'tt the issue here so I don't really understand the point of your question.

stebe · Post by **stebe** » Sun Jun 17, 2012 9:55 pm

just asking. anyway thanks for the answers

stebe · Post by **stebe** » Sun Jun 17, 2012 11:29 pm

thanks

stebe · Post by **stebe** » Sun Jun 17, 2012 11:50 pm

ok pls tell can stay in uk. is that alright. thanks in advance

stebe · Post by **stebe** » Mon Jun 18, 2012 10:05 pm

is it am i going to get the visa? if not is it no right to appeal and the solicitor told me, he can get a write to appeal even if homeoffice says no too

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timed up application psw and work

timed up application psw and work