Applying for Indefinite Leave to Remain (ILR) in the UK is an important step towards permanent residency, allowing the holder to live, work, and study in the UK without immigration restrictions. While waiting for your ILR application to be processed, it’s natural to wonder if you can continue working legally. This guide explains the rules regarding work authorization during the ILR processing period and provides tips on how to maintain legal employment status.
1. Can I Work While Waiting for My ILR Decision?
Yes, in most cases, you can continue working in the UK while your ILR application is pending, as long as you submitted the ILR application before your current visa expired. When you apply for ILR on time, you retain the right to work under the conditions of your current visa until the UK Home Office makes a decision on your application.
2. Conditions for Working While Awaiting an ILR Decision
To ensure you can legally work while waiting for your ILR decision, you must meet the following conditions:
- Apply Before Your Current Visa Expires: Submit your ILR application before your current visa’s expiration date. By doing so, your existing visa conditions automatically extend under what’s known as Section 3C Leave, allowing you to stay and work legally until a decision is made.
- Abide by Current Visa Work Conditions: You must continue working under the same conditions as your current visa. For example, if you’re on a Skilled Worker Visa, you can only work in your sponsored role unless otherwise permitted.
3. Section 3C Leave: How It Protects Your Right to Work
Section 3C Leave is a UK immigration rule that allows individuals to remain in the country with the same rights and conditions as their current visa if they’ve applied to extend or change their visa before it expired. This means that while your ILR application is under consideration, your right to work is protected, provided you comply with the conditions of your current visa.
Key Benefits of Section 3C Leave:
- Legal Right to Stay and Work: You can stay and continue working in the UK under your existing visa conditions.
- No Gap in Work Authorization: You won’t have any disruption in your work authorization if you applied on time.
- Automatic Protection: Section 3C Leave automatically applies as soon as you submit a valid ILR application on time.
Note: Section 3C Leave ends when a decision is made on your ILR application or if you withdraw your application.
4. Work Restrictions for Different Visa Types While Waiting for ILR
Your work rights depend on your current visa type. Here’s what to expect for some common visa types:
A. Skilled Worker Visa
- You can continue working for your sponsoring employer in your sponsored role.
- If you wish to switch employers, you may need to apply for a new Skilled Worker Visa unless you are granted ILR.
B. Spouse or Partner Visa
- You are generally permitted to work in any field without restrictions, as this visa type has no employment limitations.
- This flexibility continues while waiting for your ILR decision.
C. Student Visa
- If you were studying on a Student Visa, you must continue to abide by the work restrictions (typically 20 hours per week during term time) until your ILR is approved.
D. Tier 1 Visa (e.g., Investor, Entrepreneur)
- For Tier 1 visas, you must continue working in accordance with the conditions specific to your visa (e.g., self-employment or business ownership).
5. What If I Change Employers or Jobs While Waiting?
Changing jobs or employers depends on your visa type. For example:
- Skilled Worker Visa Holders: Cannot change employers without Home Office approval unless they receive ILR.
- Spouse Visa Holders: Have the flexibility to change employers freely, as this visa generally allows unrestricted employment.
6. Frequently Asked Questions (FAQs)
1. How long can I work while waiting for my ILR?
As long as your ILR application is pending, and you applied before your current visa expired, you can work legally in the UK under your existing visa conditions. Your work authorization continues until the Home Office reaches a decision.
2. Can I start a new job while waiting for ILR approval?
It depends on your visa type. If your current visa has restrictions on changing employers (such as the Skilled Worker Visa), you cannot start a new job without permission unless your ILR is approved.
3. What happens if my ILR application is delayed?
Delays do not affect your work rights as long as your application was submitted on time. Section 3C Leave allows you to continue working legally until the Home Office makes a decision.
4. Will my employer need proof of my right to work?
Yes, your employer may ask for evidence that you applied for ILR. You can provide the application confirmation letter from the Home Office to confirm your right to work.
5. Can I leave the UK while waiting for my ILR decision?
No, leaving the UK while your ILR application is pending will usually result in your application being withdrawn. Staying in the UK is essential until the Home Office makes a decision on your application.
6. How long does ILR processing take?
Standard ILR processing can take up to 6 months, though premium or super-priority services may be available for faster decisions.