Retained Rights to residence. Rights and respnsibilities

[eearor]

Hi everyone,I am non EEa national

Got Married on 2010 with EEa national.
Got 1 yr family residence.
Extended for 5 yrs Residence permit. Which expired on 15/09/2016
Got divorced finalized on 25/06/2016.
Applied ROR on 24/08/2016.
Recently done Biometrics.

Here i have a question.

I have been working with same company since 2008. I have been suspended from work because my right to work haas expired. I give them all the details i.e.

Royal mail tracking details of application,
My bank statement where my money was take off,
Copy of whole 70-80 pages of application form which they said it's compulsory,
Biometrics letter from HO, which i paid and processed today.
They said they did the ECS check. Last week and they got reply on which it said that COA has not been issued from HO and they didn't mention if i am eligible to work or not.. That may be because i did biometrics today.

My work people team says i will be suspended until i provide them COA and i might loose my job if it's late. They said i will be given appeal right.
I am not very sure of my rights and responsibilities here please help me on this please.

Please i am suspended unpaid please help me. Thanks you. All you guys are doing great job. Please suggest me too thanks.

[noajthan]

It only makes sense to do ECS after biometrics enrolled.
Any company worth their salt should be aware.

And if married and in UK with sponsor since 2010 its possible you had acquired PR in 2015 anyway.
If so, no need for treaty rights and ROR anymore.

[eearor]

It only makes sense to do ECS after biometrics enrolled.
Any company worth their salt should be aware.

And if married and in UK with sponsor since 2010 its possible you had acquired PR in 2015 anyway.
If so, no need for treaty rights and ROR anymore.

Thanks, I was in process of divorce since 2015 took almost year to short out.

I don't know my rights. i thought when you apply for another residence permit until it is decided i would remain with the rights of my previous residence permit when application is on process. Please correct me if i am wrong.

[noajthan]

You are operating under EU law not UK domestic Regs.

If you have adequate supporting evidence (2010-2015) shoot for confirmation of PR instead of messing about with ROR.

And if you have PR, you have every right to reside and work in UK so you can take 'dodgy employer not following due process' to the cleaners.

[eearor]

You are operating under EU law not UK domestic Regs.

If you have adequate supporting evidence (2010-2015) shoot for confirmation of PR instead of messing abiut with ROR.

And if you have PR, you have every right to reside and work in UK so you can take 'dodgy employer not following due process' to the cleaners.

Thanks, but already applied for ROR. Just don't understand my work suspending me when my application is in HO and i have to attend their investigations and they all look me like an illegal immigrant.

[Obie]

Tell the employer to desist from their unlawful act or you may be minded to take legal actions.

Also see Okuoimose v City Facilities Management (UK) Ltd (Jurisdictional Points : Fraud and illegality) [2011]UKEAT 0192_11_1309 (13 September 2011)

[noajthan]

You are operating under EU law not UK domestic Regs.

If you have adequate supporting evidence (2010-2015) shoot for confirmation of PR instead of messing abiut with ROR.

And if you have PR, you have every right to reside and work in UK so you can take 'dodgy employer not following due process' to the cleaners.

Thanks, but already applied for ROR. Just don't understand my work suspending me when my application is in HO and i have to attend their investigations and they all look me like an illegal immigrant.

PR trumps ROR.
Employers run scared of substantial fines for employing illegals so won't take chances.

[eearor]

Tell the employer to desist from their unlawful act or you may be minded to take legal actions.

Also see Okuoimose v City Facilities Management (UK) Ltd (Jurisdictional Points : Fraud and illegality) [2011]UKEAT 0192_11_1309 (13 September 2011)

Many thanks to all.

I have an investigation at work regarding my right to work. Is there any way i can prove them that i will remain on previous visa status until my new application decision is made? or i should just ask them to redo the ECS check because i did my biometrics yesterday.When i spoke to them they said i might loose my job and might have to appeal again when i get my response from HO.

Just an additional stress. Suggest me please.

[Wise]

What a pity. Your Certification of Application will arrive soon since you have done your bio metric, but in the mean time download this document and take it along with you to the interview with your employer and I hope the can read the words themselves. That should proof your right for your in-time application submitted.

1, Nationality, Immigration and Asylum Act 2002 Section 118

2, sections 3c and 3d of the immigration act 1971 (as amended) - Gov.uk

Good luck

[eearor]

Thank so much for the support. Got my ROR for 5 yrs. Live long this forum lets keep helping each others.