URGENT- MISTAKE OF HOME OFFICE NO RIGHT TO WORK

[prince_no1]

HI EVERYONE,

i recently have applied for ILR, and have received the acknowledgement letter from home office and then gave that letter to my Company who has done ECS (employement Checking Service) check and return with no right to work , whereas there was nothing related to this was mentioned on acknowledgement letter i received on 1st april 2015, and i haven't received my biometrics enrolment letter yet , why home office is saying this ?

and anybody know which number do i have to call to HOME OFFICE ??

Thanks.

[krishna6693]

Check with your employer for the source of information. Generally ECS is give to third parties who not always do a great job. I don't think HO would have said this.

[prince_no1]

directly from ECS they have checked,

any how i have just spoken with the HOME OFFICE , they guy said have i received the Biometrics enrollment letter yet which i haven't so he said i have to wait till i receive the biometrics letter because the procedure is when we receive the application we send the acknowledgement and when it goes to case worker he sends the biometrics letter and also update it on the system, because at the moment it seems like file has not reached the case worker yet because when case worker receive the file he sends the bio letter and also update the system that application has received and person has right to work, so once i get the letter i have to ask my employer to do the ECS again.

so conclusion is i am out of work untill i receive the biometrics letter

[prince_no1]

but now i am worried as i have sent the application

23rd march -application sent
24th march -application received
25th march - Transaction made for payment
27th march - payment shown on my bank statment
1st April - acknowledgment letter received which was dated (25th March)

08/April - my employer has done the ECS check and received it negative.

so till 25th march it seems like case worker would have received the application already and biometrics letter should be on the way if i compare the dates and times it takes from the other users who have updated thier timelines so if this is the case i am in deep trouble because of the HOME OFFICE

[vinny]

Unfortunately, mistakes happen.

[AUHS]

Have you applied before the expiry date of your last leave.

[prince_no1]

@AHUS
my visa has expired on 6th April

23rd march -application sent
24th march -application received
1st April - acknowledgment letter received which was dated (25th March)

08/April - my employer has done the ECS check and received it negative.

[prince_no1]

DOES ANYONE know if i can check from ECS myself? how much does it cost and how long does it take? any idea?

[Princess of Ammi]

I dnt know much but if you had a right to work when you applied and applied before your last leave expired conditions in relation to work entitlements and other stay the same until new decision is made and conditions imposed.

you might want to draw your employer attention towards the fact that when an application is being processed and before its processed your right to work (if you had) is same as whilst they process your application. such an evidence is widely available on UKVI web site.

[vinny]

Yes.

Section 3C/3D.

[prince_no1]

@princess of Ammi

They have done ECS against the reference number i provided them for my recent application .

[prince_no1]

Thanks vinny

[prince_no1]

@vinny

i have misunderstood your post in which you have said YES. i thought may be you are providing me the answer i asked earlier regarding to check from ECS individually. but it seems like you are saying YES to the post of "Princess of Ammi"? if this is the Case so are you recommending me that i should brought in attention of my employer regarding section 3C? if not what should i do wait till get the Biometrics letter ? or what?

because as i have explained above if i see the the date and time, my biometrics letter should be on the way.

so what do you suggest?

[mnaeem126]

You can show the Set (0) Guidance Notes (Version 04/2015) - Page 9 of 11 to your employer where it says as;
17. Your status while your application is being considered: If you and any dependants apply before the end of your permitted stay in the UK, your/their existing immigration status, including any permission to work, will continue until your/their application(s) is/ are decided.

[vinny]

YES to the post of "Princess of Ammi.

[Amber]

Give the Home Office a ring and ask why they've told the employer that:

Sponsorship, Employer and Education helpline
Telephone: 0300 123 4699

[prince_no1]

@Amber
Please refer to my second post

""i have just spoken with the HOME OFFICE , they guy said have i received the Biometrics enrollment letter yet which i haven't so he said i have to wait till i receive the biometrics letter because the procedure is when we receive the application we send the acknowledgement and when it goes to case worker he sends the biometrics letter and also update it on the system, because at the moment it seems like file has not reached the case worker yet because when case worker receive the file he sends the bio letter and also update the system that application has received and person has right to work, so once i get the letter i have to ask my employer to do the ECS again. ""

@mnaeem126

They have checked with ECS against my recent reference of HO and also refer to my response above to Amber

@vinny

Even if i refer them to 3C they gonna say this what UKVI
Have said because they told me the reply was from UKVI ECS
Then what am i gonna say?

[vinny]

A problem is that they may declare your application as invalid, if you fail to complete your biometrics.

[prince_no1]

what is the best option at the moment? should i wait for the biometrics letter and then ask my employer to check through ECS again? or what should i do now ?

[Zaidii]

are you suspended?
If you are, your employer should give you 7 weeks to provide them with correct right to work documents which in your case would be a positive response from ECS.
7 weeks is enough for you to register your biometrics wait a week and then ask your employer to send another check on you.
I was in same sort of situation last year.

[prince_no1]

What that Hell???

i have just called the HO again on 03001232241
and have spoken with another person and she gave me the whole lot different story.

first of all she tried to to open my case through the HO reference number given on the acknowledgement letter. and couldn't find it
then she took me full details name dob etc.. and still couldn't find it????

then she said since 2014 rule has changed and just the acknowledgment letter is not enough to prove your right to work and you have to show to your employer acceptable documents and when i asked for prove she went of internet and put me on HOLD, after 5 mins she said please refer to the form "an employer guide to acceptable right to work documents" i think she didn't understand what i was asking for

when i said OK what about ECS? then she realized what is the problem and gave me case worker's team address and fax Number.

what is going on why they can't find my application on the system ? i think this is not the correct number to call them and even i am in doubt if she has given me the correct contact details.

U.K VISAS & IMMIGRATION
PO BOX 3468
Sheffield
S3 8WA

FAX: 0114 207 2536

[prince_no1]

are you suspended?
If you are, your employer should give you 7 weeks to provide them with correct right to work documents which in your case would be a positive response from ECS.
7 weeks is enough for you to register your biometrics wait a week and then ask your employer to send another check on you.
I was in same sort of situation last year.

i think its not suspension, they have just taken me out from the work untill i provide the prove of right to work.

how much did you wait till? because it is not easy to stay out of work i hope you understand everyone have expenses to pay.
can you explained your case what actually happend , when you sent the application , when your employer suspended you or whatever, then you contacted the home office ? what did they say? how and when you received the biometrics letter? and when was it sorted
i mean how much time did it take you to sort this problem out ? Thanks

[pebb1ee]

what is the best option at the moment? should i wait for the biometrics letter and then ask my employer to check through ECS again? or what should i do now ?

Hi prince,

While i was doing my tier1 extension 2 years ago, home office sent me an acknowledgement letter but i never received biometric letter for a month. I tried contacting home office but all in vain. So by googling i found an email address which helped me out.
the email address is AppointmentExceptions@homeoffice.gsi.gov.uk
I contacted them on email and said that i have not received the biometric letter and mentioned my reference number, dob, full name and the address the biometric letter need to be sent out. I received the response within a few hours that it will be sent out. In three days i got the biometric letter. I got approved in the next 3 days time and documents were sent back to my home address. I never received BRP so emailed BRPDelivery@homeoffice.gsi.gov.uk who said it has been long sent but the address they used was my old address (classic) They messed it up so i emailed them if they can send my correct address to dx courier, which they did and then brp was delivered to my home address.
If you send an email to AppointmentExceptions@homeoffice.gsi.gov.uk and let them know that u have not received the letter yet, they probably will give a kick to the brp team which will then send the letter straight right away. Once you receive the biometric letter, take a xerox copy and submit it to HR and ask them to wait till home office makes the decision. This may help you in getting your getting this process move a bit faster
I hope this helps

pebble

[prince_no1]

Thanks peb1ee
I have sent the email on that enail address
I also have faxed and write a letter to the given address and fax number. Now waiting

[prince_no1]

Is there anyone else who have experienced the same situation that called the HO and they couldn't find the details not even through the personal details
Whereas acknowledgement letter has been received? ??