Wife's right to work in UK

[mgiacobbe]

Hello all, I am a complete novice in terms of rights/law etc when it comes to immigration and all this complicated stuff so forgive me if I sound simple when asking any questions!!

My wife has recently been offered a new job here in the UK. She is a Malaysian national with a Malaysian passport. She has lived in the UK since she was 7 (so over 20 years). Her mother married a UK National and she was granted Indefinite Leave to remain when she moved to UK in 1987. This was stamped in her passport and she has had no problems with any other jobs or even claiming JSA while she was out of work for a short period.

Her new/prospective employers have said to her that she will not be offered the job unless she has 'Indefinite Leave to Remain' stamped in her new passport. Indefinite Leave to Remain was never stamped in her new passport.

Is there any way around this. Can the employer actually refuse to employ her based on no stamp in her passport? She has lived in UK for pver 20 years and has been working here since she was 16 and has never encountered this kind of issue in any of her previous jobs!

Is there a quick fix as it can take up to 6 months to get the new stamp in her current passport and the employer may not offer her the job based on the length that it may take.

I am an EU citizen so was wondering that as she is my wife does she not automatically qualify under EEA legislation?

Any help would be much appreciated!!

Thanks for taking the time to read!

[John]

The prospective employer should be invited to phone the UKBA Employers' Helpline, and they will confirm that she has the right to work in the UK.

That is, a free and quick service, from the Government, should solve the problem.

[mgiacobbe]

Thanks John....I will advise my wife and hopefully that will resolve the matter quickly!

[mgiacobbe]

Employer has contacted UKBA and they have advised that she does have right to work but must have IDR stamped in her passport.

They will not offer her a start date until she has this so looks like she will have to fork out £635 to get the stamp done straight away!

Not happy!

[mochyn]

From your employers point of view.
If it is found That they have employed someone who does nOt have the right to work in the UK they can be fined up to £10,000 pounds for each employee.They are being ultra careful, maybe they have had a bad experience in the past

[bani]

form and instructions for transfer of visa stamp to new passport:

http://www.ukba.homeoffice.gov.uk/while ... -passport/


NTL form says it costs £578 to do it in person at one of the PEOs. it is a lot of money but i can understand a company wanting to see this for a new employee, they don't want to break immigration laws, risk fines and jeopardise hiring other non-EU nationals.

it will be more convenient for her to have this anyway in one passport, these things you just have to write up to the cost of being a migrant.