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My employment was terminated after my visa had expired

Customer Question
couldnt I have remained working...
My employment was terminated after my visa had expired couldnt I have remained working until I had received a response for my application from the Home Office.
Submitted: 9 years ago.Category: UK Law
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Answered in 3 minutes by:
3/14/2009
Solicitor: A. Stewart, Barrister replied 9 years ago
A. Stewart
A. Stewart, Barrister
Category: UK Law
Satisfied Customers: 4,474
Experience: Barrister
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Hi

Sorry to hear that.

What category of visa did you have before? Under what category did you apply to extend your visa? Did you make the application for extension before the expiry of your visa? Did you get an acknowledgement letter from the Home Office to confirm that you can stay and work in the UK until a decision has been reached on your application?

Regards.
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Customer reply replied 9 years ago

Copy of letter from the Employer. I regret to inform you that due to the expiry of your student visa and as per the conditions of your contract of employment ( ie your employment is subject to permission from Work Permits (UK) and the Home Office. Unless an extension of your current work permit is granted by works permits (UK) and the home office this appointment wil terminate without notice on the date specified on your work.

In view of the above I had already applied for an extension but the Employer would not allow me to continue working under my previous status.

Customer reply replied 9 years ago
Under Tir 2 submitted my application to the Home Office before my student visa expired i have a letter of acknowledgement for the application. Please note since I am not working my finances are limited and not able to pay more than £12
Solicitor: A. Stewart, Barrister replied 9 years ago
Hi

Thanks for the clarification.

You can continue working full time when your studies are completed for a period of four months or until your visa expires, whichever is sooner, whilst waiting for your examination results, prior to attending your graduation ceremony.

The rules also state that a student must not pursue a career by filling a permanent full-time vacancy.

If you made your application for Tier 2 before your student visa expired, you are allowed to stay and work in the UK until a decision has been taken on your application.

However, judging from the terms in your employment contract, your employer was well within their rights to terminate your employment as it basically states that your position within the company is subject to you obtaining a work permit first, because you are not allowed to fill a permanent full time vacancy on a student visa.

Hope this helps.

Regards.
A. Stewart
A. Stewart, Barrister
Category: UK Law
Satisfied Customers: 4,474
Experience: Barrister
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