An application for further leave to remain can be refused on many different grounds. Before applying for extension one must ensure awareness of all the rules and conditions.
Under Part 6A of the Immigration Rules, anyone can check the different set of circumstances that apply to these types of applications. In regard to this particular visa, the Tier2 (General), a future applicant has to pay attention to the paragraphs 245H to 245HH.
When referring to the more specific regulations or conditions, one may fall under the misinterpretation of the concept of “supplementary work”. While working for the sponsor for which the Certificate of Sponsorship was assigned it is possible, under a number of provisions, to perform a supplementary work.
The conditions upon an employment is considered supplementary are the following:
- The employment must be at the same profession and at the same professional level as the one for which the Certificate of Sponsorship was initially issued. This means that the Applicant cannot enjoy two different jobs that vary greatly in responsibilities as well as in expertise.
- It will not be deemed supplementary employment if to perform this new job the applicant leaves, abandons or stops operating the position for which the Certificate of Sponsorship was granted.
- Such voluntary extra work cannot exceed 20 hours per week. It takes place outside the hours set to work for your sponsor in the employment for which your Certificate of Sponsorship was assigned. The time and hours stated to work for the sponsor cannot be modified due to the activity of such supplementary work.
If all the above-mentioned rules are satisfied one can have this supplementary work along the one for which the Certificate of Sponsorship was assigned. In the matter, that you no longer work for the sponsor due to whatever reason (loss of the job, termination, bankruptcy of the company among others) or any of the conditions are no longer met. It is necessary to notify the Home Office what has changed within your personal situation.
The first step to take once these changes occur in your employment, is to report to the Home office about what has changed. Then, subsequently, submit a further application for leave to remain as well as a new Certificate of Sponsorship in order to stay in the United Kingdom under the new conditions.