Can you work while waiting for a Visa Application

The increased Home Office civil and criminal penalties for employers and employees who are caught to be involved with Illegal working have inevitably caused most companies to be very cautious when hiring or retaining migrant workers.

These are reasonable grounds to worry about getting into a similar situation while you are waiting for, or in the application stages of applying for a new Visa. 

Can I Work While Waiting For A Visa Application?

The Immigration Rules state that, as long as the switching or extension visa application is made in-time before the current visa expires, the applicant's current leave is extended until a decision is made.

An in-time application is submitted before midnight on the date of the visa expiry or permission ends.

This means that you will continue to have the same right to work in the UK, if given with your latest Visa, while waiting for the decision of your new visa application/ visa extension. Unless the decision is made to not grant you a new Visa, or your application is not successfully completed, your employment situation should not be affected.

If, however, you have not previously had a valid Visa that allows you to work, you will not be permitted to start work in the UK until you have received a positive decision from the Home Office on your pending application.

If you work while waiting for the results of your UK Visa, you risk being criminally prosecuted, as well as risking jeopardising pending/ future immigrant or visa applications.

If you are applying for Indefinite Leave to Remain (ILR) after five years of working in the UK with valid Work visa, it will be possible for you to remain and continue working in the UK as long as you have applied for ILR before your current visa expires. If your work visa has expired before you have applied for ILR you will no longer have the right to work in the UK.

The relevant rules come under section 3C of the Immigration Act 1971. This article seeks to highlight the rights to work and reside in the UK acquired under 3C of the Immigration Act 1971 (as amended by Immigration Act 2014).

How can an employer check my right to work while waiting for a Visa Application?

To prevent any wrongful or unfair suspension or dismissal, employers should be careful not assume that the right to work ceases based solely on the employee's Visa expiry date. Employees are to co-operate with the employer in verifying the immigration status, while the employer takes reasonable steps to make decisions to continue or suspend the employment. There are several avenues for either the employer or employee to investigate and prove the right to work effectively.

For employees, the easiest way is to generate your Home Office "share code" and your employer may access this to see your right to work.

If you are unable to generate a share code due to not holding an eVisa or other reasons, provide your Home Office application reference number to your employer. Employers can check the migrant worker's status through the online Employer Checking Service (ECS). The ECS results may take up to a week to process, however employers benefit from a 28-day statutory excuse period to complete the online ECS check. Employers may legally employ you while waiting for the ECS results, provided you have proven that you have made a valid in-time Leave to Remain or Fee Waiver application.

Normally, our clients' employers are satisfied with their checks once we produce the Home Office receipt, acknowledgement letter or Certificate of Application.

🔹Right to Work When Switching Employers During a Pending Application

If you have submitted an in-time application to switch visas or employers, you normally can begin working for a new employer unless your previous visa restricted work or was sponsored by a specific company. For example, you may start working for a new employer if you are switching from personal Visa routes such as from a Graduate Visa to a Spouse Visa. On the other hand, if you were previously sponsored by an employer under a Skilled Worker Visa, you cannot start working for a new sponsor until the new visa is approved. Doing so would constitute illegal working, even if your new application is under consideration. It is always prudent to check your existing Visa conditions or wait for the Home Office decision before changing employers.

Working in the UK with a Student Visa

Your student visa expires four months after the end date of your course (unless your course was shorter than 12 months, in which case your Student Visa expires 2 months after your course ends).

You will be able to use this visa to work in the UK subject to the stipulated Visa conditions, both throughout your course and for the four-month period while it remains valid afterwards. You will be able to work full-time on this temporary basis after your studying has been completed.

Working in the UK with a Graduate Visa

The Graduate visa route is designed mainly international students or students from an international scholarship agency. This visa would be applicable if the applicant wanted to work in the UK for two years (three years for PhD students), after completing your qualifying UK degree course qualification.

In order to work in the UK under the graduate route visa you will have to fit certain criteria;

• You must have successfully completed your UK degree/ qualification

• You must have held a Student Visa that was still valid at the time of your application

• You must have applied for the visa whilst in the UK

• You must have not previously been granted permission with the Doctorate Extension Scheme (DES)

• You must have studied your course whilst holding a valid passport and student visa.

Can I work while waiting for a Graduate visa?

You may work full-time on a temporary basis provided that:

• your Graduate visa application is still being processed by the Home Office,

• and you applied for a Graduate visa when your Student Visa was valid and before it expired.

Once you've been granted your Graduate visa, you are able to work on a permanent basis. Once your Graduate visa expires, consider the requirements you might have to meet for a Skilled Worker visa, in the case you decide you want to extend your stay in the UK.

How to know when your visa is going to expire?

The UK Home Office will not give you a reminder that your visa or leave is going to expire. In order to work out the expiry date of your visa, you can check your Home Office decision letter, eVisa, the vignette/sticker or stamp in your passport.

You should make sure to note that the date that your leave expires will be based on your Home Office decision letter, to ensure that your eVisa reflects the correct duration.

If you are currently overstaying your visa or at risk of doing so, it is advisable to seek legal advice and representation to ensure compliance with the latest Immigration Rules.

🔹Home Office Priority and Super Priority Services

To avoid prolonged waiting periods that may affect your employment, disrupt travel plans or simply cause anxiety, consider using the Home Office’s paid Priority services. The Priority service aims to return a decision within 5 working days, while the Super Priority service targets a 1-working-day turnaround. These services carry additional costs, but they may provide further peace of mind and help maintain continuity in your employment arrangements.

🔹Delays in Receiving Home Office Acknowledgement

There are instances where you may experience an unexpected delay in receiving any confirmation from the Home Office after submitting the visa application. While this can cause understandable concern for both employees and employers, you are still covered under Section 3C leave as long as the application was valid and submitted in time. If you have received no acknowledgement or response within the Home Office’s published processing time (ranging from days under Priority service, or weeks to months under Standard service), it's advisable to contact UKVI or seek legal support to investigate your application's status.

🔹Risks of Invalid Applications

Even if submitted in time, a visa application may be deemed invalid due to errors such as incorrect forms, missing documents, failure to follow procedure or unpaid fees. An invalid application does not usually trigger Section 3C leave unless specified otherwise by the Home Office, meaning your legal right to work may be lost. If you receive a request to correct your application, you must respond within the stated deadline—usually 10 working days—to preserve your legal protection where available.

 

Will I need Electronic Travel Authorisation to enter the UK?

The Electronic Travel Authorisation scheme was first announced in the March 2023 Statement of Changes to the immigration rules HC 1160. The first stage of the scheme launched in October 2023 and it was then gradually rolled out in phases.

So far the scheme has not been fully enforced to allow for a transitional period. However, on 25 February 2026 this transitional period is ending and the scheme will be fully enforced. This will mean that passengers who are required to have an electronic travel authorisation will need to obtain one prior to travelling or risk being refused boarding to their transport to the UK.

What is the Electronic Travel Authorisation scheme?

For those familiar with travel to the United States, the electronic travel authorisation scheme is broadly equivalent to the Electronic System for Travel Authorisation (ESTA): a fairly simple application made before travel in order to notify the government of your details and enable them to conduct security checks on you before you arrive.

Visitors who do not currently need to apply for a visa to visit the UK, and who do not have another immigration status prior to travelling, are now required to obtain an electronic travel authorisation to travel to the UK for short stays, including for tourism and transiting.

An electronic travel authorisation is not a visa, it is a ‘digital permission to travel’. Obtaining electronic travel authorisation allows you to travel to the UK but does not guarantee entry; entry can still be refused by UK border officials.

Electronic travel authorisation is required where the person travelling to the UK intends to do one or more of the following:

·       Enter and stay in the UK for up to six months as a tourist, including as a business visitor or for studying

·       Enter and stay in the UK for up to three months on the Creative Worker visa concession

·       Come to the UK for a permitted paid engagement

·       Transit through the UK if passing through UK border control

There is a temporary exemption from needing an electronic travel authorisation for passengers who transit airside and therefore do not pass through UK border control. This exemption is being kept under review.

Who is the Electronic Travel Authorisation scheme for?

The scheme applies to all non-visa national visitors to the UK including EU, EEA and Swiss nationals. A full list of the nationalities who require electronic travel authorisation are set out in Appendix ETA National List.

The application process first opened in October 2023 for Qatari nationals, and was rolled out further in February 2024 to include nationals of Bahrain, Jordan, Kuwait, Oman, United Arab Emirates and Saudi Arabia. Jordan was subsequently removed from Appendix Electronic Travel Authorisation and added to Appendix Visitor: Visa national list, meaning that Jordanian nationals need to apply for a visa prior to travelling to the UK.

From 8 January 2025, nationals of 48 non-European countries listed in paragraph ETANL 1.1.(c) of Appendix ETA National List were also included. ILPA raised concerns about the timing of this phase of expansion as it coincided with the Home Office’s move to digital immigration status, from biometric residence permits to eVisas.

The last phase opened for applications on 5 March 2025 for European nationals planning to travel to the UK on or after 2 April 2025.

Everyone travelling is required to get an electronic travel authorisation, including babies and children.

Who does not need an electronic travel authorisation?

The guidance confirms that you will not need an electronic travel authorisation if you are a British citizen, travelling with a British Overseas Territory Citizen passport, travelling with a British National (Overseas) passport, or an Irish citizen (except where permission to come to the UK is required because the person is subject to a deportation order, exclusion order decision, or an international travel ban).

Electronic travel authorisation is also not required for those who already have permission to live, work or study in the UK, hold a valid visit visa, or are exempt from immigration control.

There is also an exception for children travelling on the France-UK school trip travel information form.

For a long time there was a fear that residents of Ireland that do not need a visa to be there would need to apply for an electronic travel authorisation. Thankfully, they do not. This is a really significant development that protects the Common Travel Area and the rights of non-visa nationals, particularly in the border communities in Ireland.

Those who are legally resident in and entering the UK from Guernsey, Jersey or the Isle of Man also do not require an electronic travel authorisation.

How does the electronic travel authorisation scheme affect dual British or Irish and ETA nationality citizens?

Individuals who are British or Irish and have dual citizenship with an ETA nationality cannot get an electronic travel authorisation. So far, the scheme has not been strictly enforced which has meant that dual citizens without a valid British or Irish passport have been able to enter the UK using their ETA nationality passport. This will continue until 24 February 2026 (although it is still preferable and advisable for British and Irish citizens to enter the UK on their British or Irish passports).

However, the Home Office guide for dual citizens confirms that from 25 February 2026 dual citizens may not be able to board transport to the UK without a valid British or Irish passport or a certificate of entitlement in their ETA nationality passport.

The Home Office electronic travel authorisation fact sheet also says that “dual British citizens who cannot produce a valid British passport or certificate of entitlement will need to have additional identity checks and will not be able to go through UK passport control until their British nationality is verified.”

With this in mind, it is important that dual British or Irish citizens planning to travel on or after 25 February 2026 ensure they apply for or renew their British or Irish passports before travelling. Alternatively, they can obtain a certificate of entitlement in their non-British or Irish passport but the application fee for this is £589 and the processing time is longer than that of a standard passport application or renewal.

How do I make an application for an electronic travel authorisation?

Applications can be made using the UK ETA app, or online. The link to the application form, and instructions to download the app are available here.

When applying via the app, users are asked to place their phones on the front covers of their passports to scan the passport. Holders of United States passports may need to place the phone on the inside of the back cover if scanning the front of the passport does not work.

It costs £16 per person to make the application via the UK ETA app or online through gov.uk.

Getting a decision

A decision should be made within three working days of submitting your application.

The electronic travel authorisation will be issued electronically and applicants will receive an email to confirm that their application has been approved. This will contain the 16 digit ETA reference number.

The electronic travel authorisation is linked to the passport used during the application. The same passport must be used when travelling to the UK.

The electronic travel authorisation is valid for a period of two years or until the expiry of the linked passport, whichever is sooner. While it remains valid, the visitor can enter the UK multiple times; they do not have to apply for a new electronic travel authorisation for each visit. However, if they apply for a new passport they will need to apply for a new electronic travel authorisation to be linked to that passport.

What if the electronic travel authorisation application is refused?

There is no right of appeal or administrative review if an application for electronic travel authorisation is refused. When refusing an application, the Home Office will specify the reason for refusal. Depending on the reasons for refusal, applicants will either need to apply again or apply for a visa to enter the UK, such as a standard visitor or transit visa.

Those who are refused an electronic travel authorisation under the Creative Worker visa concession will need to make an application for a Temporary Work – Creative Worker visa instead.

Why do we need electronic travel authorisation?

The introduction of the electronic travel authorisation scheme is part of the Home Office’s broader digitalisation plan and an additional border security measure.

In a factsheet published in February 2024, the Conservative government said that their priority was to keep the UK safe and “strengthen the security of our border”. Part of the initiative is to make sure that everyone wishing to travel to the UK has permission to do so, and the electronic travel authorisation scheme aims to plug any gaps. A further factsheet initially published in March 2025 confirmed that the scheme “helps prevent the arrival of those who present a threat to the UK”.

In the EU, the EU Entry/Exit System (EES) opened in October 2025 and will be fully implemented by 10 April 2026. The European Travel Information and Authorisation System (ETIAS) is then due to start in the last quarter of 2026. It will soon be commonplace to have obtained authorisation to travel to a number of countries worldwide, not just the UK.