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Visa Expiry & Repeat Checks

Workers With Pending Applications

When a worker has applied to extend their permission, evidence still needs managing.

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What the issue is

Where a worker applied before their permission expired, they may be able to continue working while the application is decided, subject to the conditions of their previous permission. Confirming this usually requires an Employer Checking Service check.

Why it matters

Assuming continued permission without evidence may leave the employer unprotected.

When advice may be appropriate

If the application was late, refused or the worker's position is unclear.

Common failures

  • No evidence that an application was made in time.

Evidence to keep

Examples to consider where relevant — not a complete or mandatory list.

  • Proof of application and ECS results.

Practical preventative steps

  • Request evidence of the application before expiry.

Official rules and guidance

Rules and guidance change. Check the current official sources before relying on this information.

This is general legal information for organisations, not advice on your circumstances. Duties depend on your business, workers and the rules and guidance in force at the relevant time. No outcome is guaranteed.

Andrew Williams Solicitors provides regulated legal advice, legal review, representation and solicitor-led compliance support. Compliance monitoring and workflow technology (such as ICMS and ComplianceWatch) is provided separately by Ibiab Systems and is not legal advice.

Related compliance topics

When solicitor advice may be appropriate

Speak to Andrew Williams Solicitors about your organisation's position, a Home Office visit, a penalty notice or a licence concern. Scope and fees are agreed in writing before substantive work begins.