HELP badly needed..My contract has been terminated...

[jilly cooper]

I have been employed since August 2007 as a lecturer in a local college. I was about to apply for a new work permit and realise that it is actually non-transferrable (stupidity and ignorance). I alerted my employer and they told me to carry on teaching whilst applying for the work permit. Two weeks ago, I was informed that the application was denied. I asked for the letter and the HO said they need evidence that the post has been advertised. The application that was submitted was misleading. My employer tick Tier 1 instead of Tier 2. And they haven't filled in the most important section of the application. My previous work permit was on Tier 1 as it was on the Shortage Occupation List. And because of my own stupidity and ignorance, I have been using this work permit from one employer to another employer and nobody actually questioned it.

The problem is the HO doesn't know that I have been working there and the college seems not to willing to admit that its their fault as they haven't asked me for my eligibility. They re-submitted the applciation again. And they ended my contract on the basis that I dont have work permit but told me that they will give me the contract again once work permit has been issued.

I am really lost. And I am really glad I have found this forum. Can anyone out there suggest what would be the best way to get out of this mess?

I am getting worried and anxious. If I am talking nonsense, please do tell me so I can re-structure my post.

Thanks in advance.

[jilly cooper]

I have been employed since August 2007 as a lecturer in a local college. I was about to apply for a new work permit and realise that it is actually non-transferrable (stupidity and ignorance). I alerted my employer and they told me to carry on teaching whilst applying for the work permit. Two weeks ago, I was informed that the application was denied. I asked for the letter and the HO said they need evidence that the post has been advertised. The application that was submitted was misleading. My employer tick Tier 1 instead of Tier 2. And they haven't filled in the most important section of the application. My previous work permit was on Tier 1 as it was on the Shortage Occupation List. And because of my own stupidity and ignorance, I have been using this work permit from one employer to another employer and nobody actually questioned it.

The problem is the HO doesn't know that I have been working there and the college seems not to willing to admit that its their fault as they haven't asked me for my eligibility. They re-submitted the applciation again. And they ended my contract on the basis that I dont have work permit but told me that they will give me the contract again once work permit has been issued.

I am really lost. And I am really glad I have found this forum. Can anyone out there suggest what would be the best way to get out of this mess?

I am getting worried and anxious. If I am talking nonsense, please do tell me so I can re-structure my post.

Thanks in advance.

bump

[try-one]

Jilly:
Please start by reading the current legal framework for Tier 1 and Tier 2 related permits; your chances of having a satisfactory outcome of this whole situation are determined by your understanding of the regulations.

- You have 28 days from the moment your Work Permit ceased to be valid; the 28 days apply for getting a new WP or leaving the country
- Your timeline is not clear and it would be useful if you clarify:
- When did you got the first Work Permit
- Validity of said work permit (when to when)
- When did you stopped working for Employer A - sponsor of WP
- Is August 2007 the date you started working for Employer B (college)

Initially, do you think you have high chances of getting the WP approved, after the college solves the problems (advertising and filling the empty part?)

[jilly cooper]

Jilly:
Please start by reading the current legal framework for Tier 1 and Tier 2 related permits; your chances of having a satisfactory outcome of this whole situation are determined by your understanding of the regulations.

- You have 28 days from the moment your Work Permit ceased to be valid; the 28 days apply for getting a new WP or leaving the country
- Your timeline is not clear and it would be useful if you clarify:
- When did you got the first Work Permit
- Validity of said work permit (when to when)
- When did you stopped working for Employer A - sponsor of WP
- Is August 2007 the date you started working for Employer B (college)

Initially, do you think you have high chances of getting the WP approved, after the college solves the problems (advertising and filling the empty part?)

try-one,

Thank you very much for that detailed answer. I have the legal framework for the Tier 1 and Tier 2. I have been phoning 5 solicitors and they told me my case is too complex. I do not want to hire solicitors as they can be very expensive.

Here ae the answers to your questions:

When did you got the first Work Permit?
I got the first work permit in August 2004.

Validity of said work permit (when to when).
The validity of the said work permit is from August 2004 to August 2008.

When did you stopped working for Employer A - sponsor of WP
I stopped working for Employer A in December 2004

Is August 2007 the date you started working for Employer B (college)?
Yes, August 2007 is the date I started working for Employer B.


Before I started working with Employer B, I have other two employers, Employers X and Y. I got the job through an agency and so didn't bother for the work permit as they said mine was fine.

As I was planning to renew my work permit, I was horrified that it is not valid from one employer to another. I alerted my HR, they asked me to continue teaching whilst they are applying for the permit, the application went back due to HR's error (they applied on Tier 2 but written down on the application that my previous work permit is the same with the one they are applying, which is not as the school applied for Tier 1 and they didn't fill in the most important part of Tier 2 application) but re-submitted it again. Of which, I do not know what would happen.

I am trying to open as much options I can, legally and professionally.

And it is really nice to hear from people like you. My gratitude.

What do you think of the situation? Am I going to be deported? One solicitor told me that this is a long process. But I want to go out of the country this summer as I have family commitment.

I am prepared for the battle but it is the time frame I am concerns with.

I hope I can hear again from you.

Thanks again!

[jilly cooper]

^

bump

[PaperPusher]

jilly cooper

You are in a tight spot because you have been working illegaly in the UK since December 2004. If you have a work permit (the one that you use to come into the UK) it says it is not for any other employment on the back.

You say you are a college lecturer, but are pleading ignorance!

Are you telling us that you thought your letter/permit that says 'Employer: A' meant you can work for X,Y and B or whoever, doing whatever (it appears your job has changed)? It was not even a niggle at the back of your mind?

Yes, those people should not have employed you. Nevertheless, it is still your responsibility to comply with the conditions of your leave in the UK.

You could get your current employer for a fresh application with adverts - you would need to give more details about the reason they refused their application.

If you are tempted to get the employer to lie on the application about what you have been doing, please remember the consequences can be severe if the employer gets caught. If you are tempted to lie the concequences can be severe getting caught.

My advice is ask your employer to make a fresh application for a work permit & leave the UK & apply for fresh entry clearance asap. That is just my opinion.

It is not is a long process when everything is straight forward (not your case).

Please remember that your leave could have been curtailed too. If the original employer sent in the Notification of Premature End of Employment form as they are supposed to do, that can end up with your leave curtailed. If you have moved, you would not know about it. It is not part of the work permit application, so that could be approved - then you find out your leave got curtailed when you use FLR(IED).

You say you are prepared for the battle, but this is your fault! Who would you battle!

If you do have a work permit read the back, let us know what it says.

Good luck

[try-one]

Hi Jilly

PaperPusher explained the situation:
You have been working illegally in the UK since December 2004. All the time you worked for X, Y and B (about 3 years) you have been committing an immigration offence. Your 28 days expired in January 2005, you should have left the country since then.

Your only legal option is to go back to your home country and apply for a work permit from there. If you have commitments in the summer then this is the perfect opportunity to travel and apply for the WP.

By all means hire a solicitor, however no solicitor in the land could change the fact that you have been working illegally for three years. Regarding ILR, that originally you were entitled to apply in December 2009, by working for three other companies (and thus breaking immigration law) you have damaged your chances of ILR; if you apply for a new WP and EC from home, your ILR “clockâ€

[jilly cooper]

"You are in a tight spot because you have been working illegaly in the UK since December 2004. If you have a work permit (the one that you use to come into the UK) it says it is not for any other employment on the back. "

I came here on a different visa, not on a work permit. The visa was just valid for one year. And so I thought the work permit that I got before the expiration of my first visa would suffice.

"Are you telling us that you thought your letter/permit that says 'Employer: A' meant you can work for X,Y and B or whoever, doing whatever (it appears your job has changed)? It was not even a niggle at the back of your mind?"

Yes, I thought that was the case. I have been reading the letter/permit and there was nothing in there that says I can only used this for Employer A.

"Yes, those people should not have employed you. Nevertheless, it is still your responsibility to comply with the conditions of your leave in the UK."

I have been reading the literature so far and it is says that it is the responsibility of the employer to check the eligibility of their future employee. The HO explicityly said that the employer will be the eye of the government.

You could get your current employer for a fresh application with adverts - you would need to give more details about the reason they refused their application.

My current employer had already applied for a work permit. And it has been a while since I heard something. The first application came back as the there was flawed. And they re-submitted it again.

"Please remember that your leave could have been curtailed too. If the original employer sent in the Notification of Premature End of Employment form as they are supposed to do, that can end up with your leave curtailed. If you have moved, you would not know about it. It is not part of the work permit application, so that could be approved - then you find out your leave got curtailed when you use FLR(IED). "

The original employer did not sent the Notification of Premature End of Employment Form. And to be honest, this is my first time to hear such form. Thanks for the info. Does it mean that my leave has not been curtailed?

As to the ILR, I am not really in a hurry to have the ILR. I am just here to work and the ILR would be a bonus.

Reading your post, I feel that I am in a tight position. But I can't rewind the clock. And this is the reason I am here to ask for opinion. And you gave it to me honestly, of which I appreciate.

Apart from your advise of me gong back to my own country, what would you do if you were in my shoe?

[try-one]

Jilly,
The only good advise you would get is to return to your home country, and here's why:
- You are exposed to being deported
- Once deported you can't return to the UK for a period of time
- You may be detained as part of the deportation procedure
- You will be blacklisted in the UK immigration system, shared with the US and schenguen (difficult to get a visa to the US, Schenguen and UK in the future)

If you balance the risk, then it is clear that the only viable option is to return. You had a sticker on your passport that said valid until Dec 2008....well it has been very useful until it expires, after that no one would make the mistake of assuming that you are allowed to work in the UK and your life would be more difficult. All previous employers have failed their duty (by not informing the HO of premature end of employment and by not checking eligebility....it doesn't change the fact that is your life and your immigration condition in the UK, previous employers will not fix your problem neither would be able to change the fact that you have been working illegally in the UK for 3 years....your life, your responsability)

[On a personal note, you asked what would I do if I were in your shoes..... well back in 2002 I read all I could find about the UK immigration law, I downloaded the WP application and filled the forms, prepared supporting documentation and I gave it to the UK solicitor managing my case....I refuse to hand out my life and future to someone who has nothing to loose. I would go back to my home country and apply from there.]

[bani]

"You are in a tight spot because you have been working illegaly in the UK since December 2004. If you have a work permit (the one that you use to come into the UK) it says it is not for any other employment on the back. "

I came here on a different visa, not on a work permit. The visa was just valid for one year. And so I thought the work permit that I got before the expiration of my first visa would suffice.

"Are you telling us that you thought your letter/permit that says 'Employer: A' meant you can work for X,Y and B or whoever, doing whatever (it appears your job has changed)? It was not even a niggle at the back of your mind?"

Yes, I thought that was the case. I have been reading the letter/permit and there was nothing in there that says I can only used this for Employer A.

What visa were you originally on? And could you type what is written on the sticker?