Tuesday 6 February 2024

There are various activities that you can and cannot do whilst your UK immigration application is pending, and in this article, we answer some of the questions you may have.

Can I travel outside the UK?

It is not advisable to leave the Common travel area (which includes the UK, Ireland, the Isle of Man and the Channel Islands) whilst your application is pending, as this will lead to your application being treated as withdrawn. If your previous immigration permission has, in the meantime, expired, this may mean that you are not able to re-enter the UK until you have obtained fresh entry clearance.

The current standard processing time for most applications submitted from within the UK is 8 weeks (check this link for the exact processing times for each immigration category). If you do plan to travel outside the UK shortly after you submit your application, you may wish to opt for one of the priority processing services which will expedite the processing of your application (for an additional cost) to normally 1 or 5 working days.

Can I remain in the UK legally once my previous permission expires?

Provided that you submit a valid application for permission to stay before your previous permission expires, you will be able to remain in the UK legally. If your new application is still pending by the time your previous permission expires, then your leave will be automatically extended by law until a decision is made. This means that you will continue to have valid permission to stay in the UK while your application is being processed. This protection will also apply if there is a delay in the processing of your application. The conditions associated with your previous permission will continue to apply during this time, for example if you were previously a Student you may continue to have restrictions around the hours and type of work that you are allowed to do until your new application is approved.

Can I start a new job?

Change of employment applications

If you are making a change of employment application under the Skilled Worker route, you cannot normally start your position with a new sponsor or in a new role until your application has been approved. However, if you make a valid and in-time change of employment application, you can continue working in your previous job whilst your new application is being processed and potentially even after it has been approved if you are still working out a contractual notice period with your previous employer.

Students switching to work routes

Students are subject to various restrictions on their ability to work whilst undertaking their course; however, there are some helpful provisions in place for Students who are switching to a work route. A Student who makes a valid and in-time application for permission to stay under the Skilled Worker or Graduate route may start employment in a full-time permanent vacancy up to 3 months prior to their course completion date (for Skilled Worker route) or once they have successfully completed their course of study (for the Graduate route), provided all of the following apply:

• the Student is studying a full-time course of study at degree level or above with a higher education provider with a track record of compliance; and
• the application as a Skilled Worker or Graduate was made when the applicant had permission as a Student; and
• a decision has not been made on the Skilled Worker, or Graduate application, or where a decision has been made, any Administrative Review against a refusal of that application has not been finally determined.

Students should however be aware that on the date of application, they must fulfil one of the following conditions:

• the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned; or
• the applicant must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance and the Certificate of Sponsorship for their employment must have a start date no earlier than the course completion date; or
• the applicant must be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance and the Certificate of Sponsorship must have a start date no earlier than 24 months after the start date of that course.

This means that in certain circumstances, Students are permitted to commence their full-time permanent employment with their sponsor whilst their Skilled Worker application is still being processed.

Students who do not fulfil the above criteria when they apply for permission to stay under a work route may continue to work part-time whilst their application is being processed, provided that they abide by the relevant Student conditions (available to read at this link).

Get in touch

Our team are experienced in advising on study and work visas and in preparing applications for entry clearance, permission to stay and settlement in the UK.

If you would like to learn more about making a UK immigration application and how to ensure that you and/or your business remains compliant with UK immigration law, please contact your assigned LDI lawyer or email enquiries@lauradevine.com.