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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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hi,i have applied for ILR and unfortunately my bank did not

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hi,
i have applied for ILR and unfortunately my bank did not process the payment.As a result of that home office has sent my application back to me and asked me to send a fresh application, which I did and was accepted.But in the mean time my visa has expired.Then home office asked me to attend for my biometric details which i have done a month age.Now my employer saying that i can not work because i have submitted my application after my visa was expired.
What is my immigration status now?
can i work?
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

After how long was your application sent back?

Kind regards
Customer: replied 4 years ago.

i applied 12th february 2013 and my visa expired on the 17th of february 2013.Home office sent back my application on 6th march 2013 and i have reposted it on the 8th

Thank you for your reply.

In this case your employer is correct as your leave to remain would only be extended if you submitted an application for further leave to remain prior to the expiry of your visa then under section 3 c of the immigration Act your permission to remain in the uk would have been extended. Please see following :

section 3c Continuation of leave pending variation decision

(1)This section applies if—

(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b)the application for variation is made before the leave expires, and
(c)the leave expires without the application for variation having been decided.

(2)The leave is extended by virtue of this section during any period when—

(a)the application for variation is neither decided nor withdrawn,
(b)an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought [F2, while the appellant is in the United Kingdom] against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c)an appeal under that section against that decision [F3, brought while the appellant is in the United Kingdom,] is pending (within the meaning of section 104 of that Act).

(3)Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

(4)A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.

In your situation your application was submitted after your leave to remain was expired therefore your visa did not automatically extend under section 3 c. You were an overstayer at the time your application was submitted. In this case you are unable to work until a decision has been made on your application.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively and I will be happy to answer further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
I don't want to step on any toes but I am curious whether the applicant has received an acknowledgment letter for the second application yet. Also, I presume that the application was simply returned as invalid. Have the bank confirmed that no request for payment was made or did they refuse the payment?

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