Employer won't let me work with out an acknowledgment letter

[segs2tier1]

Dear all,

Last week I applied for an extension of my stay in the UK as a Tier 1 (General) migrant. My visa ran out yesterday and having applied for an extension prior to the expiry date I know my status would remain the same and I can work legally while my application is being decided.

The problem I am having is that my employer would not let me work because my visa has run out and they want a copy of my acknowledgment letter as evidence of me having applied for an extension.

The acknowledgment letter can take up to 3 weeks at times to come through the post - how can I prove to my employer that I have really applied for an extension?

I gave them the post office receipt of my special delivery which they are not willing to accept as evidence. I asked them to call the Employer Verification line to check that they have received my application - but this will take 5 days for the Home Office to confirm.

Now, I am stuck in a position where I know that I am allowed to work legally but a lack of evidence such an acknowledgment letter is preventing me from doing this.

Any suggestions would be greatly appreciated.

- Is there something that says that they have to wait for 2 weeks alteast before asking me to stop working?

- Will the Home Office fax me something in writing confirming that they have received my application?

- Where do I stand legally against my employer. They are depriving me from work and cannot prove that I am illegal either?

- Will they be liable for the money lost during the time when I was forced to stay at home once the Home Office confirms that I was legally allowed to work in the first place?

Best regards,
segs2tier1

P.S. I am contractor and at the moment losing money on a daily basis due to this for not being able to work.

[innocentdevil]

you can always get him to speak to HO helpline and get them to explain it to your employer mate.

[rizwan567]

UKBA has set up a help line for employers which is called employers help line. Give that number to your employer and advise him to speak to Home Office and get the help on the issue.

If he/she does not want to do that then they are not helping themselves..

[segs2tier1]

Many thanks for your replies.

I have given them the employer helpline. They have spoken to the Home Office on that number and it will take the Home Office 5 days to confirm whether they have received my application or not..

Now, what should I do for those 5 days? Why are'nt I am allowed to work while the Home Office does its checks for my employer? How can I prove that I am allowed to work while the Home Office is doing checks?

Thanks again.

[beecharmer1800bc]

Many thanks for your replies.

I have given them the employer helpline. They have spoken to the Home Office on that number and it will take the Home Office 5 days to confirm whether they have received my application or not..

Now, what should I do for those 5 days? Why are'nt I am allowed to work while the Home Office does its checks for my employer? How can I prove that I am allowed to work while the Home Office is doing checks?

Thanks again.

Its a difficult position to be in and I totally understand your frustration.

Unfortunately, there isn't anything you can do at the moment but wait till when the HO gets back to your employer.

I normally advise friends to apply well ahead of the visa expiry to allow room for this sort of issues.

Your employer is not acting illegally and therefore not liable for any income lost as a result. They are only being 'too careful' especially now that the issue of (illegal) immigration is a big topic in the country.

Just be a bit more patient.

All the best.

[segs2tier1]

Good News!

The Home Office kindly emailed me an Acknowledgment notification just this morning.

I will forward it to my employer and if they still reject it then I will have to take things further.

Thanks again.
segs2tier1

[segs2tier1]

OK - another update on the above situation.

The employer has now created a new fuss by saying that how can they know that I am still allowed to work now that I have shown them the acknowledgement letter.

I pointed them out to the section of the website that shows that your visa status remains the same if you have applied for an extension, and in my case Tier 1 (General), and she still does not want to know that. She merely dismissed it and said that I need to speak to the Home Office to confirm this.

The Home Office told her some thing else (not sure what her question to them was in the first place. Basically, the Home Office told her that not every one can work if they have applied for an extension if they were working before. I am sure her question to the Home Office was generic and did not mention anything like Tier 1.

Now what should I do?

[Kitty]

Does your employer have a copy of the Comprehensive Guidance for Employers on Preventing Illegal Working?

On page 8:

If at the time of the checks the prospective
employee (or employee when conducting repeat
checks) has an application to extend their leave
in the UK outstanding, you should contact the
Employer Checking Service

The Employer Checking Service is a specific email service that includes verification of the right to work where people have an ongoing application with the UKBA. It's not the same as ringing the employer helpline.

http://www.ukba.homeoffice.gov.uk/emplo ... pport/ecs/

If your employer wants to dismiss you because they don't believe that you have the right to work here, then they must have conducted a reasonable investigation of your status before they do this: I would say that this would include at least using the checking service.

[vinny]

Show employer that your leave continues under section 3C.

[kittykat]

Hi segs2tier1

I had just posted on the same topic on a new thread elsewhere (http://www.immigrationboards.com/viewtopic.php?t=80775). I am also sitting at home unemployed because my employer is not satisfied with my acknowledgement letter, and the Employer Checking service is not advising that I am eligible to work.

However, I have an update which is promising and which might help you. I contacted my local MP and asked for assistance. An assistant in his office wrote to their contact at the UKBA and we received a reply within two days (by email) confirming my eligibility to work. I haven't approached my employer with this yet but I am hopeful.

You can find your MP here: http://findyourmp.parliament.uk/. If there isn't a surgery in the next few days then just phone up and ask for help. MPs can't take on the role of a solicitor but they can make enquiries on your behalf.

Good luck!

[pennylessinindia]

given the large fines face if caught employing illegally it is hardly surprising they are careful . Piety you left it to the last minute .

[segs2tier1]

Hi segs2tier1

I had just posted on the same topic on a new thread elsewhere (http://www.immigrationboards.com/viewtopic.php?t=80775). I am also sitting at home unemployed because my employer is not satisfied with my acknowledgement letter, and the Employer Checking service is not advising that I am eligible to work.

However, I have an update which is promising and which might help you. I contacted my local MP and asked for assistance. An assistant in his office wrote to their contact at the UKBA and we received a reply within two days (by email) confirming my eligibility to work. I haven't approached my employer with this yet but I am hopeful.

You can find your MP here: http://findyourmp.parliament.uk/. If there isn't a surgery in the next few days then just phone up and ask for help. MPs can't take on the role of a solicitor but they can make enquiries on your behalf.

Good luck!

Thanks for your post. I read your other post and to be honest I do not much about Ancestry Visas.

What has happened in my case is that the Employer check came through just in time and literally says the same thing that is in Immigration Act 1971, Section 3C. I had told my employer all this already - I was merely building a case so that they know every thing and have no excuse in the end.

I was planning on taking them to court for loss of earning and discrimination. There is a fine line between doing checks and discrimination and intent is not important for discrimination. They have allowed me to work again but I will make sure that they know that they were breaking the law by not accepting a legislation.

The irony was that he would not give me in writing that they do not accept my acknowledgement and that legislation. Please note that ignorance of law is no excuse and anyone can be liable.

What is winding me up now is that they want to charge me £100 for doing the Employer Check. They are telling me that they sorted it for me. Pathetic is'nt it? I will try not to give them the £100. I do not see why an Employer should charge their employee for doing checks on him. Oh, btw I asked them to do the checks. I gave them the employer checking service number as well.

Will see what happens next. I could'nt care less! They are an Umberalla Company anyway and I can always change that. They will lose out not me

[Kitty]

What possible justification can your employer have for demanding money for a check that protects their interests? I am gobsmacked.

Is there anything in your contract that they might use to try to justify it? It would surprise me mightily, but have a look...

[rizwan567]

Hi segs2tier1

I had just posted on the same topic on a new thread elsewhere (http://www.immigrationboards.com/viewtopic.php?t=80775). I am also sitting at home unemployed because my employer is not satisfied with my acknowledgement letter, and the Employer Checking service is not advising that I am eligible to work.

However, I have an update which is promising and which might help you. I contacted my local MP and asked for assistance. An assistant in his office wrote to their contact at the UKBA and we received a reply within two days (by email) confirming my eligibility to work. I haven't approached my employer with this yet but I am hopeful.

You can find your MP here: http://findyourmp.parliament.uk/. If there isn't a surgery in the next few days then just phone up and ask for help. MPs can't take on the role of a solicitor but they can make enquiries on your behalf.

Good luck!

Thanks for your post. I read your other post and to be honest I do not much about Ancestry Visas.

What has happened in my case is that the Employer check came through just in time and literally says the same thing that is in Immigration Act 1971, Section 3C. I had told my employer all this already - I was merely building a case so that they know every thing and have no excuse in the end.

I was planning on taking them to court for loss of earning and discrimination. There is a fine line between doing checks and discrimination and intent is not important for discrimination. They have allowed me to work again but I will make sure that they know that they were breaking the law by not accepting a legislation.

The irony was that he would not give me in writing that they do not accept my acknowledgement and that legislation. Please note that ignorance of law is no excuse and anyone can be liable.

What is winding me up now is that they want to charge me £100 for doing the Employer Check. They are telling me that they sorted it for me. Pathetic is'nt it? I will try not to give them the £100. I do not see why an Employer should charge their employee for doing checks on him. Oh, btw I asked them to do the checks. I gave them the employer checking service number as well.

Will see what happens next. I could'nt care less! They are an Umberalla Company anyway and I can always change that. They will lose out not me

By the way what is the name of your employer?????????????????
Its quite obvious that your employer is taking the ................ and quite clearly has some other agenda.......

[ravi1234567]

Good News!

The Home Office kindly emailed me an Acknowledgment notification just this morning.

I will forward it to my employer and if they still reject it then I will have to take things further.

Thanks again.
segs2tier1

Re: Hi can you please share info, how did you get the email. Is there a specific email or contact number of Home office you used?

[noajthan]

This post is 5 years old and member last posted something in forum 2 years ago

Suggest Google will turn up the up-to-date UKVI contact details.

[CR001]

Re: Hi can you please share info, how did you get the email. Is there a specific email or contact number of Home office you used?

+1 on what noajthan said and also ravi1234567, please continue in the topic you have already started rather than tagging your question onto all or any other members (old or new) topics.

Applying by post employer need confirmation from HMRC