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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello there, I applied for indefinite on the ground of 10 years

Customer Question

Hello there, I applied for indefinite on the ground of 10 years long residency set(lr). My wife and 4 years old daughter was my pbs dependent. my wife applied on flr(o) form instead flr(m).it was a mistake because my wife supposed to apply on flr(m) .she didn't have additional visa to wait for my outcome. We weren't sure if they hold her application or not if we do flr(m). Thats why my wife applied on flr( o). And her flr(0) application was refused. She got the appeal right. And launched the appeal and got the hearing date end of this month. Still my set (lr) application is pending. That's why I withdraw the appeal and did the fresh application on flr(m).During the appeal time her employer did ECS (Employment checking service) to the home office and the home office replied yes she got right to work.
In this case still my wife have right to work at the moment or not?
If yes could you please tell me where is written in home office rules or guidelines.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.

Your wife had the right to work until her appeal was determined, this is why the Home Office replied to her employer that yes, she is entitled to work as her previous status as your PBS dependant was continuing in law until the new FLR(O) application appeal came to an end, under S. 3C of the Immigration Act 1971.

Assuming that her visa/leave to remain as a PBS dependant had not expired on the date the FLR(M) application was posted, she is entitled to work lawfully until the FLR(M) application (and any appeal) is determined.

It is explained here:

All the best

Customer: replied 2 years ago.

her pbs dependent visa already expired.we withdraw the appeal by fax after 3 days we going to do fresh application on flr(M). there is a option about the work. If i tick yes and if my employer send ECS. Home office will say I have right to work or not?


If I continue my current employment is it lawfull or not after submittimg fresh application on flr(M).

Customer: replied 2 years ago.
Relist: Incomplete answer.
I need answer according to my question. its very important.
Expert:  UKSolicitorJA replied 2 years ago.
I am sorry I was in a meeting.

If her PBS visa had expired and you then lodged the further leave to remain application on marriage grounds more than 28 days after her visa expired, and this after 1st October 2012, she would not be covered by S.3C and she is technically not allowed to work now as she does not have any lawful visa or leave to remain.

So, the Home Office should say that she is not allowed to work.

You are lawfully allowed to work as your ILR application has not yet been decided and any previous visa is deemed to be continuing under S.3C even if it has expired.

Hope this clarifies.

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