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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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appeal refused

Resolved Question:

We have a member of staff who has just advised us their appeal against a VISA renewal has been rejected.


 


Can he remain working whilst we clarify that his appeal has been rejected and does this mean we will have to dismiss the employee or are there options available to him/us?

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.
My name is***** and I am a Solicitor based in London. I'm happy to help with your question today.

If the appeal has been rejected that tends to suggest that he no longer has permission to work especially as his visa has expired.

He is, therefore, not able to work and employing him would place you in breach of the immigration rules which could result in a civil penalty or criminal prosecution.

If he makes a fresh application or appeals the decision then he might be able to work - but at the moment it does not appear that he is legally entitled to do so.
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