Where can I find home office rule on your immigration status when you submit an application

[sol4real]

I just renewed my flr fp application, my work place are asking for proof of my submission, I have sent them the email I got after confirmation of payment, which also includes confirmation of submission, also sent email I got after I submitted my supporting documents, but HR is saying that is not enough, am at a loss what to supply or how I can prove I have made an application. Any help would be appreciated

[manci]

HR is saying that is not enough

Ask them to verify your right to work using the Employer Checking Service

[sam550]

Here is this - https://www.gov.uk/employee-immigration ... ent-status

[sol4real]

Thank you all very much

[sol4real]

The HR department of my company I work for is proving difficult, I have a meeting with them tomorrow (about dismissal) due to - Your Right to Work Documentation is no longer current and valid.
I have submitted the receipt of payment and confirmation of submission, sent them the link to check my status online (yesterday )
But I need a link to the rule that says My immigration status remains the same until a decision is made on my current application
One of the HR guy said a new rule just came in, where the company had to issue something to me. To allow me to be able to continue to work (my application is flr fp and not skilled workers ) and he is saying since they did not give me the letter and its past 28 days of my application. That I no longer have the right to work

[CR001]

Page 5 & 6 of the Section 3C of the Immigration Act of 1971??

https://assets.publishing.service.gov.u ... e_v11b.pdf

[vinny]

See also Failure to provide evidence of right to work not a fair reason to dismiss, says Employment Appeal Tribunal

[sol4real]

Thank you all so much, I really appreciate this

[sol4real]

So I just finished the meeting with HR and I have been dismissed, HR said they called someone from the home office who told them that a ESC check had to be carried out within 28 days of me submitting my application or else I will no longer have the right to work. I have never heard of this rule before
Though HR said they have submitted a ESC check, they are still waiting to hear back from the home office and so they have to dismiss me until the result of the check is back.

[Ticktack]

So I just finished the meeting with HR and I have been dismissed, HR said they called someone from the home office who told them that a ESC check had to be carried out within 28 days of me submitting my application or else I will no longer have the right to work. I have never heard of this rule before
Though HR said they have submitted a ESC check, they are still waiting to hear back from the home office and so they have to dismiss me until the result of the check is back.

So sorry to hear this. Unfortunately, 90% of UK companies have no clue of the immigration rules. Everyone is just trying to cover their backsides. The annoying thing right now is that no one else would employ you until you have a new valid status, as they don't know your history.
If you're good at what you do, you'll land on your feet in no time.

[sol4real]

Thank you so much for the message, they have said they would employ me back once the check from the home office comes back, if that does not happen, I think I have enough to sue for unfair dismissal, I hope it does not get to that and hope it does not effect my renewal

[secret.simon]

they have said they would employ me back once the check from the home office comes back

they have to dismiss me until the result of the check is back.

If the employment resumes once the checks come through, are you sure you have been dismissed and not merely suspended without pay (or been put on unpaid leave)? Have you received written documentation stating that you have been dismissed (as opposed to suspended or on unpaid leave)?

Also, did you submit your renewal application in-time (while you already have valid leave) or out-of-time (after your existing leave had expired)?

Page 25 of the Employer's guide to right to work checks guidance may be relevant here.

Also see this post.

[sol4real]

I submitted my application before my last BRP expired, so I had an in-time application and that was in March
My company only requested for proof in may and said there was a 28 days grace period from when I submitted to when they should be informed for me to be able to continue working,
I had a meeting with them on Friday and I was dismissed and not suspended without pay, they said incase the checks came back negative or the home office chooses to visit them, they don't want me on their system
During the checks home office ask what date the applicant started to work with the company, I think the company feels its a trap by the home office, should I no longer have the right to work and home office visits them before the checks are back, they feel they will be fined £20,000, so to cover their backs incase I no longer have the right to work. They will dismiss me and if my checks come back that I have the right to work, then they will reinstate me, with all previous benefits like I never left.

[manci]

My company only requested for proof in may and said there was a 28 days grace period from when I submitted to when they should be informed for me to be able to continue working,

The company misinterpreted the 28 days grace period. It counts from the date your permission expired, not from the date you submitted your in-time application.

From p25 of the link @secret-simon provided:

On the date on which your employees permission expires, to continue to employ them you
must be reasonably satisfied they:
• have submitted an in-time application to extend or vary their permission to be in the
UK; or
.............
In such cases, your statutory excuse will continue from the expiry date of your employee’s
permission for a further period of up to 28 days to enable you to obtain a positive verification
from the ECS.

[sol4real]

After a month of staying at home, the home office check came back and I was told to resume back to work. Thank you for all your help and advice

[tttt4]

After a month of staying at home, the home office check came back and I was told to resume back to work. Thank you for all your help and advice

hello. How long did the check take to come back?

[sol4real]

After a month of staying at home, the home office check came back and I was told to resume back to work. Thank you for all your help and advice

hello. How long did the check take to come back?

sorry for the late reply, it took them about 11 working days to get a reply from the home office