3.—(1) The set of conditions in paragraph (2) and the condition in paragraph (3) are specified for the purposes of section 8(1) of the 1996 Act (no offence committed in employing a person who satisfies such conditions).
(2) The set of conditions are that—
(a)the employee had limited leave to enter or remain in the United Kingdom which did not preclude his taking the employment in question;
(b)the employee applied to the Secretary of State for variation of that leave; and
(c)the employee is within the period during which an appeal could be brought or has a pending appeal under Part 5 of the Nationality, Immigration and Asylum Act 2002(1), against refusal of that application.
(3) The employee is permitted to work under the Immigration Rules.