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Can I Work While My UK Visa Application Is Being Processed?

When applying for a visa to visit, study, live or work in the UK, you may or may not have the ‘Right To Work’ in the country while the permission is being processed.

Unsure of if you can legally work in the UK while you await a decision on your visa? Call London Immigration Lawyers today to discuss your situation on 0204 502 8582 or message us online.

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    Can I work while my UK Visa Application is being processed?

    There’s no one-size-fits-all answer to the question of permission to work while waiting for a visa decision, as the Right To Work (or not) is dependent on the type of visa being applied for.

    To take up employment legally in the UK, all foreign nationals must hold sufficient permission to do so. This is usually in the form of a valid work visa. If a foreign national is present in the UK without a work visa, or it has expired or is no longer valid, the individual is not legally entitled to do paid work in the country.

    Generally speaking, if an applicant has applied to extend or vary a current work visa, they will be able to continue working under the terms of their existing visa – even if it has or is about to expire.

    If a Student Visa holder has applied for a Graduate Visa and is awaiting the application being processed, they may work providing that:

    • their studies have been completed (and their educational establishment has reported this to UKVI
    • they applied for their initial Student Visa on or after April 6th 2022
    • the Graduate Visa was applied for before the Student Visa expired
    • they intend to work in any profession, at any level, for any employer – other than as a professional sportsperson, sports coach, or doctor or dentist (as these have their own valid visa categories)

    Graduate Visa holders may also hold multiple jobs, if they wish.

    In the case of tourist visas, the applicant does not have the right to work in the UK as they must demonstrate that they are visiting the country for leisure purposes only.

    If you are applying for a visa to enter the UK while you are outside of the country, you may continue to work in your country of residence with no impact on your visa application.

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      How can I prove my Right To Work while awaiting a Visa decision?

      If an applicant is required to prove their right to work in the UK while they await the decision on a pending visa application, they may do so in one of two ways:

      • Submitting a request to the Home Office Employer Checking Service. This service will respond within 5 working days to confirm the applicant’s right to work if appropriate; OR
      • Providing a ‘share code’ from an eVisa. This code can be input onto the Home Office Right To Work Online Checking Service and will provide an instant online check

      Being able to provide the results of one of the above checks alongside the provision of a Home Office document or receipt of visa application being submitted before any existing visa expires will provide sufficient proof of the right to work in the UK for a 6-month period.

      For advice on share codes and the Home Office checking services, call 0204 502 8582 to speak to a specialist at London Immigration Lawyers.

      Rights and Restrictions: Working without the Right to Work

      All foreign nationals in the UK must hold valid immigration permission to engage in paid work in the UK. If an individual holds any other visa type that does not include the right to work, any employment taken up would be done so illegally.

      Working illegally in the UK is punishable by imprisonment or a fine, and most foreign nationals can expect to be deported from the country without notice if caught. It is extremely unlikely that any other British visa will be granted for any individual who has been removed from the UK.

      It is also a criminal offence for an employer to employ someone who does not hold the right to work in the UK. They may face prosecution or civil penalties even if they suspect a worker of not holding sufficient permissions, fail to carry out a right to work check or fail to carry out a follow-up check.

      If a visa application does not include the right to work or if an applicant is switching from a visa that doesn’t include it, it’s recommended that the advice of specialist advisers is sought to ensure no legal breaches are made. Call London Immigration Lawyers on 0204 502 8582 to check your situation.

      Understanding Visa Processing Times in the UK

      Overview

      Given that some visa applications take a while to be processed, it is imperative that applicants understand whether or not they have the right to work during the processing period – so that they can sufficiently plan to support themselves if not.

      The processing period of a visa application is initiated when either:

      • UKVI verifies the applicant’s identity and documents through the UK Immigration ID Check app; OR
      • The applicant attends an appointment at a UKVCAS (UK Visa and Citizenship Application Service) centre or SSC (Service and Support Centre) to provide their biometric information for a biometric residence permit

      When the pending application decision making process ends, the applicant will receive confirmation of their new immigration status by letter or email. The applicant may stay in the UK during the processing period providing their application was filed before any current visa expires.

      Average Time

      The average time applicants can expect to be waiting for a decision are:

      There are several circumstances in which an applicant may have to wait longer for their visa application to be processed. These include:

      • Where UKVI request further supporting documents, evidence or information
      • UKVI intend to further consider the information within your application (particularly in the case of challenging personal circumstances)
      • UKVI request the applicant attends a visa interview
      • UKVI is experiencing increased demand

      If any of these circumstances apply, UKVI will contact the applicant directly.

      Seek specialist immigration advice from London Immigration Lawyers. Contact us

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        How Can London Immigration Lawyers Help?

        London Immigration Lawyers are a firm of specialist immigration advisers who work daily to help facilitate swift and simple visa and permit applications around the world. We offer expert advice jargon-free and our expertise allows us to navigate even the most complex of immigration cases.

        Call our office today on 0204 502 8582 or message us online to speak with an expert and start your journey toward life in the UK.

        Legal Disclaimer

        The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at London Immigration Lawyers before making any decisions based on the content provided.

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                  Frequently Asked Questions

                  If your current visa entitled you to work in the UK and you applied for an extension or change to one that also facilitates work before your current visa expired, you may continue to work. However, if you currently do not have the right to work you may not do so legally in the UK until your immigration status is updated to facilitate this.

                  If your visa application has taken longer than the standard quoted processing time and you haven’t received any contact from UKVI or the Home Office, you should contact them. If you haven’t yet filed your visa application but know you’ll need a decision made quickly, you may be able to pay extra for an expedited service. Discuss the UKVI super priority service with London Immigration Lawyers on 0204 502 8582 for a faster decision.

                  You may not legally work in the UK until your immigration status permits you to do so – and it would be illegal for your employer to allow you to work until this has been updated.

                  If any of the details filed in a work visa application change during the processing period, UKVI must be notified. Work visas are processed on a case-by-case basis and the details in the application must be accurate.

                  If you are present in the UK under a current graduate visa and wish to switch to a work visa, you may do so provided that your university has confirmed you have successfully graduated your studies to UK Visas and Immigration. In most cases, the Home Office will process such applications as swiftly as possible without issue – given that the applicant is already resident in the UK legally.

                  A right to work check provides details on whether or not an individual is able to legally work in the UK under their current visa provision.

                  This content was developed by a team of researchers, editors, and lawyers who provide valuable information to those with immigration queries.

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