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Employer keep asking for visa again and again

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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magicalstar009
Newly Registered
Posts: 13
Joined: Sat Jan 23, 2010 12:12 am

Employer keep asking for visa again and again

Post by magicalstar009 » Mon Aug 27, 2012 9:18 pm

Hi eveyone,I send my tier 1 extension two and half month ago
and I haven't get my visa yet.
My employer ask me for visa so i gave them my acknowledgement letter which I recieved from UKBA.
My employer is asking me for my visa again and again
My question is that how long can employer wait untill you get your visa?
Thanks

rpsarangi
Member of Standing
Posts: 445
Joined: Tue Sep 14, 2010 2:05 am
Location: U.K

Post by rpsarangi » Mon Aug 27, 2012 11:55 pm

They have to wait till you get your decision from UKBA .. you are legal and have all rights to work untill your case is decided doesn't matter how long as its not your fault that it is taking that long.
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Fingers crossed.....Trust in God.....
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rizwan567
Diamond Member
Posts: 1098
Joined: Sat Mar 23, 2002 1:01 am
Location: Greater London

Post by rizwan567 » Wed Aug 29, 2012 12:38 am

Show them the following:

1. royal mail proof of delivery
2. bank statement confirming your bank account is debited by UKBA for fee
3. Acknowledgement letter
4. A letter from lawyer if you used them
5. Printout of UKBA web page indicating the current processing timelines


If nothing of above convinces your employer then give him/her UKBA employer helpline to clarify his doubts.

If still he is not convinced and bullies you then threat him of court action coz of the grief/stress/tension he is giving you for his poor knowledge of the employment/immigration rules of hiring overseas nationals.

goldfish
Member of Standing
Posts: 486
Joined: Tue Nov 14, 2006 10:12 am

Post by goldfish » Fri Aug 31, 2012 1:03 pm

You are legally allowed to work while your application is being processed (assuming in-time application etc). This applies for however long it takes, even if it is months, so your employer can continue employing you. However, if your employer doesn't want to wait, I am not aware of any law that prevents your employer for ending your employment if they are uncomfortable with your visa status.

It is unfortunate employers don't understand immigration rules better. In addition to the documents below, I would also provide a copy of the UKBA rules / guidance saying you can work while your application is being processed. You could have a joint conference call where your employer and you call UKBA to confirm your application is still being processed.

wowboy
Newbie
Posts: 37
Joined: Fri Aug 31, 2012 10:17 pm

Post by wowboy » Fri Aug 31, 2012 10:50 pm

goldfish wrote: However, if your employer doesn't want to wait, I am not aware of any law that prevents your employer for ending your employment if they are uncomfortable with your visa status.
That's a lot Crap!!! there are many Laws and rules to prevent an Employer to stop discontinuing employment in this particular case.
By taking court action, having Union (of course if member)involved or Providing printouts from Immigration Law or providing letter from Lawyer if u have one.
Employer could never stop employment based that applicant case in process and its taking so long.
Unless employer makes up different excuse and sack u, they would breaking Law themselves. Because Immigration Law clearly states applicants Leave remains and treated same whilst it's in process.
Most of the employers are not upto date with knowledge they have abt Imm. Law hence they wrongly assume that once they don't see visa it's illegal to let one to work.
Sometimes u need to be firm and challenge, show them that u know about ur rights.
If they have any doubt provide them with helpline number and ur ref. number and let them to confirm that the case under consideration and it Legal to work.
it's NOT applicant's fault that UKBA providing very poor service.

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