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Applications for indefinite leave to remain made from inside the UK will usually be dealt with within 6 months. UKVCAS was launched by the UK Home Office to speed up the processing of in-country further leave to remain applications. Applicants are required to attend a single appointment to have their identity confirmed, enrol any biometric information that may be required and submit their documentation in support.
UKVI will also still aim to process your application within standard global timescales. In these circumstances, you may be able to request a refund of the additional fee paid for premium processing. If you have already submitted a UK visa application and are now waiting to hear the outcome, visit the GOV.UK website to find information and updates from UKVI on visa processing in general.
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Most applications to extend leave to remain in the UK, including applications to switch to another visa category, as well as applications for settlement and citizenship, are now made through the UK Visa and Citizenship Application Services . You can check if someone is a UK resident by asking to see their British passport, or to provide a UK birth or adoption certificate, plus an official government letter or document showing both their name and National Insurance number. Foreign nationals must hold valid immigration status to be able to live and work legally in the UK. Employers are required by law to verify the immigration status of all workers or face Home Office enforcement action.
Employing illegal migrants is punishable by imprisonment of up to five years, an unlimited fine or both. The information from an online check is provided in real-time, directly from Home Office systems, allowing you to instantly check the details of an applicant’s right to work in the UK, including the types of work that they’re allowed to do and if there’s a time limit to doing this work. The type of permission needed will depend on several factors, such as the individual’s nationality and residence status.
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Equally, a migrant worker may have limited leave to remain in the UK under a work visa and will need to apply for an extension of that leave before it expires. To be able to establish a statutory excuse against a civil penalty, you must check the immigration status of all prospective employees before they start employment and only hire a migrant worker having conducted a prescribed right to work check. All UK employers have a responsibility to prevent illegal working by conducting prescribed right to work checks before hiring someone. In this way you can ensure that a person isn’t disqualified from doing the work in question by reason of their immigration status. If you fail to check the immigration status of an applicant before taking them on, you may be liable to a civil penalty of up to £20,000 if that person is later found to be working illegally for you. However, under the EU Settlement Scheme, EEA and Swiss nationals will not have a physical document confirming their immigration status, instead their status will be held in a digital format.
A migrant worker doesn’t have to agree to provide you with a share code to check their immigration status using the online checking service. In these circumstances, or where their immigration status is otherwise unavailable to view online, you can conduct a manual check of their right to work documents, such as their passport or biometric residence permit. The online checking service makes immigration status checks much simpler and more streamlined for employers than manual checks. It also provides greater security, as you’ll not need to rely on physical documentation, reducing the risk of forged documents being given to you by a prospective employee. Under the EU Settlement Scheme, EEA and Swiss nationals living in the UK by 31 December 2020 were eligible to apply for either settled or pre-settled immigration status prior to the 30 June 2021.
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This grace period does not, however, apply to any Home Office checks carried out before employment commences, where you should delay employing the individual until you’ve received written confirmation of their right to work. If you are looking to obtain a faster decision on your visa application, in many cases it is possible to pay for premium processing, or what’s known as a priority service, when you submit your application. You will need to check your application type for available priority services. If you are applying outside the UK, you will also need to check with the visa application centre where you intend to make your application. You must also use the Employer Checking Service to check someone’s immigration status if either they have a Certificate of Application, digital or non-digital, that states you need to ask the Home Office to check their right to work, or an Application Registration Card.
It could also be because an existing employee has an outstanding appeal, review or application with the Home Office. The easiest and quickest way to check someone’s immigration status and right to work is online using the Home Office’s ‘Right to Work Checking Service’. If you have applied overseas for a UK visa and attended an appointment at a visa application centre, you can go to the GOV.UK online tool to track your VFS application status.
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If you submit your visa application from outside the UK, you will be required to attend a visa application centre in the country where you are resident. For super priority service appointments attended on a Saturday or Sunday, the appointment will be deemed as attended on the next working day. Where there is a bank holiday the next working day will be classed as a Tuesday, but in most cases this will be a Monday. This means, for example, a Saturday appointment will usually be deemed as attended on the Monday after the weekend, and the decision on your visa application completed and dispatched by the end of the next working day. For those of you applying for a visa from outside the UK, it is estimated that 90% of non-settlement applications will be processed within 3 weeks, 98% within 6 weeks and 100% within 12 weeks of the application date, where 1 week is 5 working days.
See an estimate of how much time USCIS is taking to process your application or petition at its offices. Submit an online inquiry about your case or request other services, such as an accommodation request, or how to correct an error on your notice. There are different services to prove your right to work to an employer and to prove your right to rent to a landlord.
Application Registration Cards must state that the work that you’re offering is permitted. If an applicant or existing employee cannot show their documents or online immigration status, you must ask the Home Office to check their right to work using the online ‘Employer Checking Service’. This could be where an applicant arrived in the UK before 1989 and doesn’t have any documents to prove their immigration status.
Our expert immigration lawyers are ready to assist you with your case, no matter how complex your case is. This guide outlines everything you need to know about how to check the progress of your application. You can provide a copy of your Australian citizenship certificate or your Australian passport to prove your citizenship. If you are awaiting a decision on an application for a UK visa, tracking the progress of your application can be crucial to planning ahead, especially where you are time-pressured for a decision. You’ll need to get the employee or potential employee’s permission to make the check. You will not have a UKVI account if you went to a Visa Application Centre or Service Support Centre to prove your identity when applying for a visa.
We also share general guidance on the standard and premium visa processing times (although the guidance given is not taking into account any delays that may be currently caused as a result of the COVID-19 pandemic). U.S. consular officers have decision-making authority regarding nonimmigrant visa applications. While you are not eligible to reapply for a visa if the officer denies your application, you can apply for a waiver instead. It’s also a criminal offence for you to employ someone who is subject to immigration control if they’re disqualified from working by reason of their immigration status, and you know or reasonably believe that this is the case. This includes where you’re aware or suspect that a worker doesn’t have leave to enter or remain in the UK, any prior permission has expired, or they’re not permitted to do certain types of work.
You will need to answer a couple of questions about your application when using this tool, such as the case refernce number assigned when you submitted the application, and you should be provided contact information for different departments at UKVI. Use this tool to track the status of an immigration application, petition, or request. Ask to see the applicant’s original documents from either List A or List B of acceptable documents for a manual right to work check found on GOV.UK. When individuals submit their UK visa application to the Home Office, one of the most frustrating parts is the waiting time. You can contact UKVI for a decision on your application but there are costs involved in checking this information. You can ask about the progress of your application but you cannot receive information or advice about your personal circumstances.
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