ILR problems with employer

beanjay1 · Post by **beanjay1** » Thu Jul 15, 2010 7:54 pm

Having apparently overcome the hurdle in my post earlier in the week we have now come up against another problem with my partners application for I.L.R. Her application has been submitted to the Border Agency but her employer now tells her that she is suspended from work without pay until her application has been dealt with and she has her I.L.R. This is totally wrong and I believe it is illegal. It may take months to process the application and we cannot manage on my pension income alone.

She has worked since we arrived in the UK two years ago and has been with her current employer since March of this year. When applying for the job she stated her correct immigration status and they photo copied the Visa in her passport. They say that now it is close to the expiration date she has to stop working until it has been renewed.

Can anyone advise the correct way to handle this? Does it amount to constructive dismissal and should we go to an Industrial Tribunal? I have visited her employer and showed the relevent Immigration Regulations to the HR manager but she is adamant.

bean

beanjay1 · Post by **beanjay1** » Fri Jul 16, 2010 10:30 am

I now have more information from my partners employer. They tell me that her two year qualifying period starts from the day the original visa was issued (4 July 2008) and as this has passed she is no longer eligible to work in the UK. The Immigration Regulations clearly say that the two year period starts from the day and that she entered the country on the Visa (23 July 2008).

Her employers say that my partner will be refused ILR because her application was received by the border agency today (16 July 2008) and that she is not therefore eligible to work in the UK.

Can anybody tell me who is right?

bean

oldno7 · Post by **oldno7** » Fri Jul 16, 2010 11:55 am

My wife got her ILR not long ago. Whilst I don't have all the literature in front of me now, I do think that your partners employers are wrong.

From what I remember the Home Office docuements, They said that whilst the application is ongoing my wife (Set M application) could continue as normal with any work activities until a decision had been made, outcome of ILR application.
Her application took 3 months total. This was because of extra evidence needed about her ESOL course.

So technically during the three months application my wifes visa had expired. But from what the Home Office say, She is given leave to continue as she did until they had made a decision.

Your partners employers are misguided and at discriminatory.

If I was you I would inspect the Border & Immigration websites and if your employer is found to be wrong, Then they can be prosecuted.

beanjay1 · Post by **beanjay1** » Fri Jul 16, 2010 2:46 pm

Thank you for that oldno7. I am beginning to get the feeling that my problem is somewhat more serious. My partners Visa was issued on 4 July 2008 and we came to UK 19 days later on 23 July 2008.

Barclays bank would not give us a bank statement so we delayed the application whilst trying to get it thinking that we had the two years up to 23 July 2010. It now appears that we should have applied for an extension of the visa for the 19 days from 4 July 2010 to 23 July 2010 but we had no idea that this was the case. The Border Agency received the application today 16 July so it is 12 days late and they will obviously refuse it.

This means that we will have to return to the Philippines whilst the Appeal is being heard. It was a very very costly mistake. If Barclays Bank had not refused the Bank statement the application would have been in before 4 July and we would have had no problems, although we did not know that at the time.

bean

Wanderer · Post by **Wanderer** » Fri Jul 16, 2010 4:23 pm

I think it's worth writing to the HO, pleading a mistake etc, they have let people off before, have a search.

beanjay1 · Post by **beanjay1** » Fri Jul 16, 2010 6:59 pm

Thank you Wanderer. I have just written the letter and will post by the fastest mail so that it gets there first thing on Monday morning. Wish me luck!
bean

beanjay1 · Post by **beanjay1** » Thu Jul 29, 2010 4:43 pm

Thanks for all advice and support. Indefinite Leave to Remain received today. We applied on 16 July which was twleve days late and the ILR stamp is dated 26 July.

I did as advised and wrote to the Border Agency apologising for our error and it seems that they accepted our apology. Well done Border Agency also.

Our lives are back on track and the next problem is who do I have to advise that the ILR has been granted?

bean

Post by **geriatrix** » Thu Jul 29, 2010 4:52 pm

Understand from your posts that you are a British citizen. If so, now that your wife has received settlement, she may apply for naturalisation as spouse of British citizen as and when she completes 3 years stay in the UK, subject to other requirements being met.

regards

beanjay1 · Post by **beanjay1** » Fri Jul 30, 2010 7:21 am

Thank you for that. My partner and I have been together for a number of years but are not married. The regulations for naturalisation only seem to apply to spouse or civil partner?

bean

Wanderer · Post by **Wanderer** » Fri Jul 30, 2010 9:38 am

beanjay1 wrote:Thank you for that. My partner and I have been together for a number of years but are not married. The regulations for naturalisation only seem to apply to spouse or civil partner?

bean

Think unmarried partners have to wait five years to naturalise.

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ILR problems with employer

ILR problems with employer