Leave to remain renewal put in - right to work issue and UC

A client with leave to remain has put her renewal application in prior to her previous visa running out, she is still waiting for the decision after several months. As she applied for renewal before previous status ended her entitlement to Universal Credit should continue while she waits for a new visa decision however her right to work status online is showing as expired. I had though all the previous conditions of your immigration status continued including right to work while you wait for a decision. If it does not then this must mean her UC will end as she cannot satisfy the work conditionality for her UC claim.

It sounds like your client needs to take immigration advice or contact the home office to find out what is going on re their online work permit.

You are right that the generic position under s3C Immigration Act 1971 is that a timely application for leave to remain will result in the extension of leave under the same conditions automatically. However I do not think that you can advise your client on their situation specifically without breaching OISC rules.

I am not sure its right that not having a right to work would just result in the end of UC. There is nothing to stop your client looking for work. They might not satisfy the work availability requirement, but they would argue they have good reason in relation to any resulting sanctions. They could ask for temporary easement of their conditionality on the basis that they need to resolve the immigration issue.

I do not think that UC is generally set up to cater for someone who has no right to work as really its very difficult to see what scenario could sensibly arise where someone would be unable to work but able to claim UC.

If the application for “renewal” (also referred to as a variation ) is applied for before the present leave expires, that leave will be extended ( and the conditions attached to that leave remain the same)

S3C of the Immigration Act 1971 as amended in so far as is relevant provides

Continuation of leave pending variation decision

(1) This section applies if—
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b) the application for variation is made before the leave expires, and
(c) the leave expires without the application for variation having been decided.

(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn,
(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought [ while the appellant is in the United Kingdom] against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c) an appeal under that section against that decision, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act).

Elliot pre empted me re S3C