Archived UK Tier 1 (General) points system forum. This route no longer exists.
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amitc
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by amitc » Wed Dec 02, 2009 12:48 pm
Hi all members. I need your guidance and advice for my new problem with employer. I have sent my HSMP extn. Application on 30/11/09 (HO received next day but fee not debited yet) and my Visa going to expire on 07/12/09. Now I have already received 2 letters in last 2 months from my HR dept. regarding submission of my new visa before expiry and now everyday my HR manager calling me to submit new Visa/ ack letter or else they will not allow me to work after 7th December. Hopefully I will receive acknowledgement letter before 7th but in the worst case if I don’t receive anything from HO probably they will suspend/ terminate me. Is there any way out of this problem? If I don’t receive any letter from HO, is there any no. or email I can request them for the letter or can I give any no. of HO office to call regarding my status? Can they legally terminate/suspend me for this reason?
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mvent00
- Diamond Member
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- Joined: Thu Apr 16, 2009 10:18 am
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by mvent00 » Wed Dec 02, 2009 1:40 pm
amitc wrote:Hi all members. I need your guidance and advice for my new problem with employer. I have sent my HSMP extn. Application on 30/11/09 (HO received next day but fee not debited yet) and my Visa going to expire on 07/12/09. Now I have already received 2 letters in last 2 months from my HR dept. regarding submission of my new visa before expiry and now everyday my HR manager calling me to submit new Visa/ ack letter or else they will not allow me to work after 7th December. Hopefully I will receive acknowledgement letter before 7th but in the worst case if I don’t receive anything from HO probably they will suspend/ terminate me. Is there any way out of this problem? If I don’t receive any letter from HO, is there any no. or email I can request them for the letter or can I give any no. of HO office to call regarding my status? Can they legally terminate/suspend me for this reason?
See this link.
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amitc
- Member
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by amitc » Wed Dec 02, 2009 1:49 pm
Thanks mvent00. But I dont have any ref number so do you think they will reply to my request or employers query?
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mvent00
- Diamond Member
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- Joined: Thu Apr 16, 2009 10:18 am
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by mvent00 » Wed Dec 02, 2009 2:09 pm
They said that they would not answer about visa status. Best thing you can do now is contacting them with your personal details, which you have provided them in your application. I hope every thing will be sorted out for you soon. Good luck!!
amitc wrote:Thanks mvent00. But I dont have any ref number so do you think they will reply to my request or employers query?
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narulade
- Junior Member
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- Joined: Fri Jun 16, 2006 6:55 am
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by narulade » Wed Dec 02, 2009 2:38 pm
HI amit
give them your personal details and they will find out your application thats not a problem . try to call them around 4:30 and you will get through them very fast
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dusk82
- Newly Registered
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by dusk82 » Thu Dec 03, 2009 1:33 pm
Amit
I was in a very similar situation like yours. What I did was inform my employer by email about my situation, that I was going to submit my application to extend my visa. I also enclosed in that email, the regulation from section 3c Immigration and Asylum Act confirming that any applicant who submits an intime application has the right to remain and WORK in the UK legally until their application has been decided. I made sure and put that in writing should any dispute arise in the future or should they consider terminating my employment.
Once they had that information I then provided my employer with a copy of my application form and proof of posting the application form before the expiration of my visa which would indicate the date of application for the purposes of determining whether an intime application has been made. As per the HO guidelines, the date of postage is taken to be the date of application. With this evidence my employer is aware that my application was submitted before the expiration of my visa and therefore an intime application has been made. My employer has all these documents for their records.
Then when the reference letter from the HO comes through submit a copy of this to your employer and merely write to them again that you will keep them updated. Once you have taken these steps you have showed that you are legally entitled to remain in the UK and therefore any dismissal on the grounds of not having a "valid visa" in place should be grounds for an unfair dismissal as you have provided all evidence to support your legal right in the UK and they may have infringed your right to continue to work.
Hope that helps.