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British Citizen Sacked by Home Office

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adventit
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British Citizen Sacked by Home Office

Post by adventit » Mon Mar 02, 2009 6:52 pm

Is it possible to get advice from this forum on this issue?
The situation/circumstances are as follow

Overstayed 6 months visa between 1990 and 2000.
In year 2000 made an application for indefinite leave to remain.
Indefinite leave to remain granted 2003
British citizen granted 2005,
Employed by the Home Office January 2008.
Sacked by the Home Office Feb 2009 for overstaying between 1990 and 2000.
Thanks

PaperPusher
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Location: London

Post by PaperPusher » Mon Mar 02, 2009 8:09 pm

I thought the Home Office saw that sort of overstaying as a no no if you want to work with them. If you were over 18 I would say they were within their rights to release you, you may want to get advice from somewhere like citizens advice. Nevertheless, if they employed you it could be a bit like the police employing a person with a serious criminal past. They won't, even if the convictions are spent.

John
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Location: Birmingham, England
United Kingdom

Post by John » Mon Mar 02, 2009 8:21 pm

adventit, IMHO that might be classified as unfair dismissal. At the very least I think you should take legal advice to see if you have grounds for starting legal action against them, or even attempting to get reinstated.
John

Alexisos
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Location: London

Post by Alexisos » Mon Mar 02, 2009 8:54 pm

I aggree with the previous two posters - best thing really is to get some good legal advice from an employment lawyer. It might just be a case of finding out if 'being an overstayer in the past' is actually written somewhere as a fair ground for dismissal.

All the best

PaperPusher
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Location: London

Post by PaperPusher » Mon Mar 02, 2009 9:07 pm

As far as UKBA/Home Office go, I thought that they now did not take on people with poor immigration histories due to some adverse publicity a few years back in the red tops and the consequent change in recruitment policy. I thought that they are supposed to look at each person/situation to see if it is relevant ie age when it happened, also what it was, ie a gap of a few days between applications or something more serious than that.

They should have given you a right of appeal & if you are in the union contact you rep. Get advice as well outside such as citizens advice.

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Frontier Mole
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European Union

Post by Frontier Mole » Wed Mar 04, 2009 10:58 pm

What was your ILR claim based on?

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