Zambrano

[djman]

Hello everyone, I am a newbie and I got my COA in nov 2012, everyone knows how difficult it is to get a job with a coa, I managed to get a job with the nhs which was even a surprise to me, I went through normal procedure applying on line, passed the numaracy n litracey test and also passed d interview. After d interview I presented my coa, and the manager was reluctant to accept it after much explanation he did accept it on a condition that he will confirm from d Ukba employer services, which I gave him d go ahead. To my surprise after 2 days it came back negative, that I am in fact not been issue with any coa, I called ukba n the guy I spoke with said he can see on his computer that I av been issue one that I should write to them to correct d mistake, my solicitor wrote to them and I haven't heard any thing from d ukba n I have also contact my mp. It's been a month now and I haven't anything. Please everyone is there any thing else I can do my employer has been so nice he gave me 2 months to clarify this from the ukba and one month is gone. Please can someone help please

[wiggsy]

Hello everyone, I am a newbie and I got my COA in nov 2012, everyone knows how difficult it is to get a job with a coa, I managed to get a job with the nhs which was even a surprise to me, I went through normal procedure applying on line, passed the numaracy n litracey test and also passed d interview. After d interview I presented my coa, and the manager was reluctant to accept it after much explanation he did accept it on a condition that he will confirm from d Ukba employer services, which I gave him d go ahead. To my surprise after 2 days it came back negative, that I am in fact not been issue with any coa, I called ukba n the guy I spoke with said he can see on his computer that I av been issue one that I should write to them to correct d mistake, my solicitor wrote to them and I haven't heard any thing from d ukba n I have also contact my mp. It's been a month now and I haven't anything. Please everyone is there any thing else I can do my employer has been so nice he gave me 2 months to clarify this from the ukba and one month is gone. Please can someone help please

My advice:

fire an email off to Rob Whiteman complain, tell him that ukba are breaching your rights afforded by ECJ Case C-34/09.

Threaten legal action over loss of earnings ETC...

Explain they are leaving you in a state of destitution. and such actions are contrary to EU law and UN convetion treaties on the protection and WELFARE of children.

explain that you have written previously, a month ago. you have lost earnings of 1 month at a rate of XX for XXX hours a week...

As a result of the negligence and unlawful actions of the Employer Checking Service.

Rob's email is:
Rob.Whiteman@homeoffice.gsi.gov.uk

[djman]

Thank u so much for ur reply wiggsy,sorry i forgot to mention that the job is a new job and i was suppose to start immediatly after easter, but due to ukba not correcting this mistake i was unable to start. do u think i can still take up legal action due to this? Thank u in advance..

[wiggsy]

the same applies, regardless of new job or old job. THEY ARE SUPPOSED TO RESPOND WITHIN 24 HOURS... (1 working day).

They are still liable for your loss of earnings due to their neglegant actions...c I assume that you have it in writing from employer:
1) job offer with proposed start date
2) stating the response came back with no right to work...
3) in writing that they cannot employ you unless this is corrected

Im sure an employer will provide you with this in writing if you request it to prove your case...

[djman]

Thank u so much wiggsy, i do really appreciate, u re such a genius.

[wiggsy]

not a genious.. Just been looking for ways myself to make the clowns do their jobs...

If they would return my wifes passport our case would be solved now...

UKBA wont change... they know they break laws...

Ive highlighted numerous laws... and infact am intending on bringing some action with my wife...

Did you know UKBA cannot take fingerprints without first issuing form IS81... - Well the took my wifes fingerprints when they "raided" our home...

Not returning a passport upon request is akin to theft... HUNDREDS if not THOUSANDS (hundreds of thousands?) of people suffer this...

Not giving yourself a work permit despite (your childs?) dependancy on you... breaches EU caselaw... / EU treaties... (note: it doesnt state solely dependant... it states dependancy... which can mean FINANCIALLY, EMOTIONALLY or PHYSICALLY.... - by replying that you don't have the right to work, they have technically failed to issue a work permit,.