Can I work while my visa application is being considered?

If you have a visa which is about to expire, and submit a new application inside the UK before this visa expires, Section 3C leave (of the Immigration Act 1971) “extends” your previous visa for as long as it takes to make a decision.It does not matter if your visa expires and you have not heard from the Home Office (UK Visas and Immigration) – because you applied on time. In this case your status remains the same as before, with the same conditions, including the rights to work. 

Section 3C of the Immigration Act 1971 is an important provision for any migrant in the UK. This section allows a person who has submitted an in-time application to extend their stay in the UK (i.e. if they submit their application before their leave expires) not to become an overstayer while their application remains outstanding. This means that if an individual submits an application when they have leave to remain, and the Home Office do not make a decision on that application until after their leave would have expired, their leave is  automatically extended with the same conditions. This means that people do not become temporary overstayers while their applications are outstanding and they do not lose their right to work (if they previously had one). Periods of time spent with leave extended by s3C also count towards continuous long residence for the purpose of settlement. 

However, depending on what happens after the application is submitted, it can be complicated to work out the date on which someone’s leave actually ends. This has been further complicated by changes brought in by the Immigration Act 2014. This can be important for someone who has been unsuccessful in their application and they want to submit a fresh application within 28 days of becoming an over-stayer or someone who wants to leave the UK within 90 days of becoming an over-stayer to avoid a ban from the UK.

non european immigrants remove on the theory of ‘deport first, appeal later’ measures start to have an impact

Powers introduced in the government’s flagship Immigration Act are cracking down on the appeals conveyor belt used by criminals to delay their removal from the UK. And more than 300 have already been removed – with nearly 500 more currently going through the system.

Non-suspensive appeals came into force in July, meaning Home Office officials can deport criminals before they have the opportunity to launch spurious claims under the Human Rights Act or falsely claim asylum.

Those deported then have the right to launch an appeal from their own country, rather than clogging the British justice system – costing UK taxpayers time and money in fighting the cases through the courts.

And the new powers have seen a number of criminals deported despite having family members in the UK – reinforcing the government’s stance that the right to a family life should not override the rights of wider society.

Immigration and Security Minister James Brokenshire said:

Foreign nationals who abuse our hospitality by committing crime in Britain should be in no doubt of our determination to deport them.

The countless appeals and re-appeals lodged by criminals attempting to cheat the system cost us all money and are an affront to British justice.

Non-suspensive appeals are allowing us to kick out foreign criminals more quickly and more efficiently than ever before and I want to see them used as often as possible.

Alongside tougher crime fighting measures, improved protection at the border and greater collaboration between police and immigration enforcement officers, the Immigration Act will help us deliver an immigration system that is fair to the people of this country and legitimate immigrants and tough on those who flout the rules.

The Act has also slashed the number of appeals available to foreign criminals from 17 to just four. And they have been denied the right to appeal against deportation simply because they do not agree with our decision.

Under the new rules, once a decision has been taken to deport a foreign criminal they will have to lodge any appeal and all papers their lawyers think are relevant to their attempts to stay from outside the country. This is putting a stop to delaying tactics often employed by criminals desperate to thwart justice. Previously, it was commonplace for criminals to submit to the court reams of new, unconsidered ‘evidence’ creating legal delays while government lawyers studied the new paperwork.

The non-suspensive appeals measures will work alongside other powers in the Immigration Act to speed up the justice system and make it more efficient.

Note:

The figures in this article are taken from internal management information compiled by Home Office officials (between 28 July 2014, when the first Immigration Act Commencement Order was laid and when the amendments to the EEA Regulations came into effect, and 17 December 2014). They are provisional and so subject to revision.

All of these cases in this article are associated with non-suspensive appeals for deportees. These are contained in Section 17(1) and 17(3) of the Immigration Act 2014 (certification of human rights claims made by persons liable to deportation) and, in respect of EEA nationals, in Regulations 24AA and 29(3) of the Immigration (European Economic Area) Regulations 2006 (as amended) (human rights considerations and interim orders to suspend removal, and effect of appeals). Regulation 29(3) provides that an appeal against a deportation decision no longer automatically suspends removal proceedings.

Appeals - visas and entry clearance

This page explains how you can appeal against an immigration decision made outside the UK or at the UK border.

If you are in the UK and want to appeal please see the Appeals for extension, switching and settlement applications page for further information.

If your application was refused under the points-based system, this does not attract a full right of appeal. A different procedure, known as an administrative review is in place. Applicants should not use the appeal process described below to request an administrative review. See the Administrative review page for further information.

If we refuse your application, we will send you a letter informing you of our decision. This is called your 'Notice of Immigration Decision' which will explain your appeal rights.

Applicants for some types of visa have full rights of appeal if their application is refused. The most common types of visa applicant with full rights of appeal are:
partners, children and other dependent relatives of British citizens or settled persons, who are seeking to come to the UK with a view to settlement; and
family visitors, who want to visit qualifying family members in the UK and applied before 25 June 2013.

If you have the right of appeal, we will send you an IAFT-2 appeal form with your notice of decision. We will also send an information document explaining how to complete the appeal form.

In most cases, you must pay a fee when you make an appeal. To find out what the fee is and when it needs to be paid, see the guidance accompanying your notice of decision or the Ministry of Justice website.
Making an appeal

If you want to appeal and you have the right to appeal, you must:
complete form IAFT-2 and send it with your notice of decision to the address or fax number at the bottom of this page; or
complete and submit an online appeal form on the Ministry of Justice website .

You must complete the form in English.

You should explain why you think we were wrong to refuse your application. It is in your interest to complete the form as thoroughly as possible. You must provide a current contact address.

If you appeal using form IAFT-2, you or your representative (if you have one) must sign the form or it will be returned to you.

If you have documents supporting your grounds for appeal, you should send these with the form. These documents must be in English or accompanied by a certified translation. Use standard A4-sized paper only for your supporting documents, and do not use staples. Paperclips are acceptable.

Your form must be received no later than 28 calendar days after the date when you received your notice of decision.
What happens next?

You appeal will be accepted when the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC) receives your payment. The FTTIAC will then notify the visa office that refused your application, by sending them a notice of receipt.

An entry clearance manager (ECM) at the visa office will review our decision to refuse your application, in light of your appeal form and any supporting documents that you have sent. If the ECM is satisfied that your application meets the Immigration Rules, they may overturn our original decision and issue you with a visa or entry clearance.

If the ECM does not overturn the decision, an entry clearance officer (ECO) will write a statement explaining why the ECM has upheld the decision to refuse your application. We will send this and all your papers (known as 'the appeal bundle') to the FTTIAC. We will prepare and send your appeal bundle within:
20 working days for non-settlement and family visitor cases; or
90 working days for settlement cases.

These timings exclude postage times to and from the visa office.

The FTTIAC will:
list your appeal for hearing;
send copies of all the relevant papers (including the ECO's written statement) and supporting documents to us and to your representative or sponsor; and
advise you of the date and time of your hearing. We have no control over when your appeal will be heard.

An immigration judge will hear your appeal in the UK. When considering your appeal, the judge will look at all the evidence provided by your representative and by the ECO. He or she will determine your appeal on the individual details of your case in line with the Immigration Rules.

The judge will inform the FTTIAC of his or her decision no more than 10 days after the hearing. The FTTIAC will then send that decision (known as a 'determination') to everyone involved.
If your appeal is successful

If the judge allows your appeal, his or her determination will be sent to the relevant visa section, which will in turn contact you.

It can take up to 4 weeks for determinations to reach the relevant visa section, and a further 8 weeks for them to be processed. The visa section will write to you using the contact details provided on your appeal form.

Please do not contact the visa section until 12 weeks after the date when you or your representative received the judge's decision. This date will be stated on your written determination.

Do not contact the FTTIAC or our Croydon contact centre about your appeal after you have received your allowed determination. They will not be able to issue you with a visa or deal with your enquiry.
Contact the First-tier Tribunal

To submit an appeal by post or fax, send it to:


First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
United Kingdom
LE1 6ZX

Fax: 044 0 116 249 4214

To find out about the progress of an appeal, or for more information about the appeals system, contact:


First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
United Kingdom
LE1 6ZX

Phone: 0044 0300 123 1711
Fax: 044 0 116 249 4192
Email: Customer.Service@hmcts.gsi.gov.uk
Fee awards

If you have paid a fee for your appeal and are successful the Tribunal may make a fee award against the UK Border Agency up to the amount of the application fee that you paid; either £80.00 for a determination on the papers or £140.00 for an oral hearing.

Fee award payments are credited to the bank account or credit card that the payment was made from. If your account is no longer in use we will contact you for alternative bank account details. You will need to give us this information as soon possible to avoid a delay in payment.

We will process your payment as quickly as possible, but if you have not received your fee award after 60 days please email:appealsfeesenquiries@homeoffice.gsi.gov.uk. You should quote your Home Office and appeal reference number and the date the fee award was made in the email subject. Please do not send any financial details to this email address.

source : http://www.ukba.homeoffice.gov.uk/

New application forms for UK visa after 13/12/2012

New application forms will be effective on or after 13/12/2012, kindly keep in mind before applying 

• Tier 1 (Exceptional talent) form
• Tier 1 (Investor) form
• Tier 1 (Graduate entrepreneur) form
• Tier 1 (Entrepreneur) form
• Tier 1 (General) form
• NTL form
• TOC form
• SET(M) form
• SET(BUS) form
• SET(DV) form
• SET(F) form
• SET(O) form
• DRF1 form
• FLR(M) form
• FLR(O) form
• FLR(BUS) form
• FLR(P) form
• BRP(RC) form
• DL (formerly HPDL) form
• BR(1) form
• BR(3) form

You can download the forms from this website and you should use the new forms if you apply on or after 13 December.

In line with paragraph 34(i) of the Immigration Rules, we will continue to accept applications made on the previous version of these forms up to and including 3 January 2013. We will consider any application submitted on or after 13 December 2012 under the revised Immigration Rules regardless of which version of the application form is sent.

Tier 4 – student visa extension case Failure to Apply rule Flexibility

Real case study 17 , after such a long time !!!

The applicant previously studied for a BSc in Computer Information Systems; made a new application to extend his leave to study for BSc in Computer Networking; the “CAS” did not state that this represented educational progression or complemented a previous course of study at the same level as required by the Immigration regulations.

VERITAS found that  Evidential Flexibility could have been used in this case because, even if academic progression was not being made, the fresh course could complement the previous course of study;

After intimation, Home office then examined the case again and told the decision was based on a previous  out–of-country visa application having been made for a level 6 course and the current application was also at level 6;  examined the records and found that the previous course was actually at Level 5 and therefore the new course did constitute academic progression; 

At last agreed that Evidential Flexibility should have been used in this case and that the case would be reviewed later Applicant got visa extended and currently enjoying student life