As long as you applied to change your leave or for a visa extension before your current visa comes to an end, you have the right to work while waiting on your UK spouse visa extension decision. This is similar to the most common question that people have in their minds: “Can I work while waiting for my biometric card?” You may continue to work while awaiting a new biometric card (i.e. biometric residence permit) if you timely submitted your visa extension.
According to the immigration rules (section 3c of the Immigration Act 1971), a migrant is entitled to remain in the United Kingdom without being considered as overstaying if they make a spouse visa extension application before the existing visa expires. Someone in this situation will also be subject to the same conditions (i.e., they can do the same things) as shown on their visa. Hence, if they were allowed to work for a sponsored employer on their UK spouse visa, they can continue doing so until the outcome of a decision by the Home Office on the extension application.
When You Are Not Allowed to Work
An individual may not be able to work waiting for the UK Spouse visa extension decision in such cases as:
- They applied for the extension of their visa after the expiration of their current UK spouse visa
- They have ceased to be sponsored to work by their employer
- Their current UK Spouse visa does not provide permission to work
- Conditions of their leave have not been met (for example, if the person worked more than the allowed hours or if they sought public funds).
- Falsehood: An applicant has been caught using false documents, false information, or any means of deception when applying for a UK Spouse visa.
- The applicant already had an application pending for consideration by the Home Office.
- If there is an outstanding administrative review or appeal.
It is necessary to make sure you are allowed to work while waiting for the UK spouse visa extension decision. Working without permission might be a violation of immigration rules and may result in the disallowance of your current and future immigration applications.
Usually, most UK spouse visa holders enjoy access to education and the right to work while living in the UK. This means that the visa holder can live in the UK and seek employment or even start a business without facing any restrictions. With an extension, the visa holder gains a potential pathway to UK citizenship in the future.
What Happens In Case of a Delayed Decision on Your UK Spouse Visa Extension
In all chances, an applicant waiting for a decision on a spouse visa extension who can work under Section 3c rules and is referred to as Section 3c leave would continue to do so if the said decision goes beyond the expected time (with the condition that the application has not been rejected as invalid). The reason for this is that the leave defined in Section 3c applies from the moment your application is submitted to you when a decision is finally taken, whatever that may be. Normally, you are expecting a decision from the Home Office on your spouse’s visa extension application within 8 weeks. Unfortunately, there can be some delays due to many different factors which are beyond the control of the applicant. The reason for this could be that the Home Office wants to carry out further checks before deciding to use your application.
Significance of the UK Spouse Visa Extension Application
It is necessary to opt for an extension of a Spouse visa for those wishing to settle and live together with their partner for the longer term in the United Kingdom.
The primary purpose of this extension is to satisfy continued conditions and then finally consolidate settlement after an initial period of a 30-month grant of a Spouse visa. This milestone leads to five years of continuous residence in the United Kingdom and thus on the path to ILR. Further, without this extension, applicants will not secure this extension and may have a break in immigration status, disrupting any plans to settle down in the UK permanently.
Going through this whole process of successfully extending one’s Spouse visa would provide, apart from the additional 30 months of stay granted in the extension, an extension in the process towards ILR.
By having ILR, one would have lived in the UK beyond time and immigration conditions, gain access to some public funds, and enjoy better freedom in employment. ILR also brings about a major milestone for people who would be seeking British citizenship, which can be applied for 12 months after the granting of ILR.
So, it is an extension of permission to remain and part of a long-term plan to secure permanent, stable futures in this country as a couple.
Conclusion
A UK Spouse visa is a form of temporary visa. This means after the expiry of their current visa, the visa holders will have to apply for an extension of their stay (or apply under a different category if their spouse status no longer holds). For a UK Spouse visa extension, applicants are required to prove that their relationship remains subsisting and genuine.
Spouse visa holders need to apply for fresh leave to remain in the UK before the current visa expiry. Otherwise, they will become overstayers. You will have to meet the same requirements that you met during your initial UK spouse visa application and some additional requirements as well depending on your situation. You will be able to work while waiting for your Visa application decision if only your initial Spouse visa allows it. Also, hiring an immigration solicitor may help as they will guide you on the compliance requirements and restrictions.