Living in a global economy from time to time organisations may take on a foreign student as an employee. However foreign students require a Tier 4 visa to allow them to live and work in the UK and this visa must not expire without there being certain consequences, however, sometimes, it may happen, but has to be dealt with according to appropriate government procedures.
An extension to a Tier 4 visa should be done in good time before expiry, however, if a Tier 4 visa has expired the employee has the right to several appeals – to the Upper Tribunal, Supreme Court and finally European court. Whilst they are appealing (complying with the deadline instructions) they have the right to remain in the UK as leave is automatically extended. Employers should ensure to keep a copy of the paperwork submitted on the personnel file in case the company is investigated by the UK Border Agency.
If the case goes all the way to final appeal and that is rejected the employee should vacate the country within 28 days. Should this happen the company should use the disciplinary procedure to terminate their employment for some other substantial reason so they are not held liable for his actions and in case does not comply with leaving the country.
If the employee has the right to appeal and chooses not to then they becomes an overstayer and can remain in the UK for up to 90 days. Within 28 days of becoming an overstayer they then must make an in person application and meet certain criteria. If this application is refused they must leave the country within 28 days. If this route is chosen again it is recommended the company terminate the employee’s employment using the disciplinary procedure to avoid any liability.
Should the employee return home and make a further application to return to the UK they would not be able to come back for a year.
