Bella Cullen

One of my employees is a US citizen and has a tier 2 visa. She came over 2 years ago on the back of her husbands work transfer.

The problem is, they were under the impression that their visa expired on April 19th and had booked an appointment with the immigration office for this coming Saturday to go over their options and submit for a new visa to extend their stay (potentially renewing their current tier 2 visa, or switching to another type). This would have been fine if their visa did in fact expire on April 19th however, she's just discovered this morning that it actually expired on April 1st.

I have said that she needs to cease working until the situation is resolved and she has confirmed this with the home office. The problem is is that we really need her to be in work for the next 3 days as we've got a lot on and she really doesn't want to go home and not be paid for the next 3 days at least (we've less concern about not paying her, we can work around this somehow i.e she can use annual leave or work over a weekend to make the time back or something).

My question is guess is: As her employer is there anything anyone can suggest we do to help or is there anyway round her stopping work? Will implied status commence when they've submitted their documentation on Saturday?

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They cannot work at all (not even for non payment) as their visas have expired. It will not look good on a new visa appliciation if they have breached these visas by working when they are not allowed. You cannot let her do any work for you (even for non payment) as you will be subject to a fine of up to 10k (or it may be 20k now if the new immigration rules have come in).


No. Their status became 'overstayer' when their visas expired and they will continue to be overstayers until they receive new visas. Overstayers are not allowed to work.

If they had applied before their visas expired then they could have continued to work while they waited for another visa under the protection of 3c. As their visas have expired before they applied for new visas, then they don't get that protection.

They have a window of up to 28 days grace from when their visas expired to apply for another visa from within the UK, but I'm not sure if this applies to a work transfer visa too;Tier 2 (ICT); as there were rule changes in 2010 for Tier2 (ICT). I assume this is the visa he is on and she has a visa as his dependant?

immigrationboards.com on the Tier 2 board will confirm this or tell you of any new immigration rules. They will also be able to tell you the quickest way for them to get a new visa so that they can start work again, but they might need to know if your employee's husband's visa is a Tier 2 (General) or Tier 2 (ICT).

EDIT. Link. http://www.immigrationboards.com/uk-...onsored-visas/

Bella Cullen

Thank you for your response.

It is a tier 2 itc from the husband and she is his dependant. I will post on the other board.

I've now posted on the board you suggested. Thanks again.