Lost job after applying IlR before current stay expired but still home office informed employer unable to work

[Mdchowdhury]

First of all I would like to say thank you for everything you do and thank you for reading my email.

My issue is regarding my indefinite leave to remain in the UK as i been living and working in UK for last 12years.

I posted my application on 01/05/2018 for next day tracked delivery to Home office as my visa was expiring on 03/05/2018 with a payment to make with cheque, but later my bank declined the cheque giving me reason my signature didn't match the signature in the bank system. After requesting the bank several times to reissue the check, which they didn't. So I rang home office and nobody could track my application or willing to help for my application. Then I resend a new payment details to the address I posted the application and explaining home office the situation but I never received any response from the home office. Then a week later I wrote another letter to home office requesting to find out what's going on as I am on situation to lose my job. Then next day home office emailed me my case number and writing it will take 6 month to decide on my application.

So I gave the case number to my employer for them to check if I have the right to work. Today I was sacked from my employment because home office send my employer letter writing I don't have a right to work as my application was submitted after my last visa expired but I applied before my visa expired and home office never got back to me regarding this issue.

You're advice will be well appreciated.

[marcnath]

First of all I would like to say thank you for everything you do and thank you for reading my email.

My issue is regarding my indefinite leave to remain in the UK as i been living and working in UK for last 12years.

I posted my application on 01/05/2018 for next day tracked delivery to Home office as my visa was expiring on 03/05/2018 with a payment to make with cheque, but later my bank declined the cheque giving me reason my signature didn't match the signature in the bank system. After requesting the bank several times to reissue the check, which they didn't. So I rang home office and nobody could track my application or willing to help for my application. Then I resend a new payment details to the address I posted the application and explaining home office the situation but I never received any response from the home office. Then a week later I wrote another letter to home office requesting to find out what's going on as I am on situation to lose my job. Then next day home office emailed me my case number and writing it will take 6 month to decide on my application.

So I gave the case number to my employer for them to check if I have the right to work. Today I was sacked from my employment because home office send my employer letter writing I don't have a right to work as my application was submitted after my last visa expired but I applied before my visa expired and home office never got back to me regarding this issue.

You're advice will be well appreciated.

Unfortunately, that is correct.

Your initial application would have been refused due to non-payment.

Since you posted another application, that is the one that is being considered now. And that was sent after your visa expired.

It is a tough one - you should have just sent the fees and not the whole application.

Try to contact HO and ask them to consider your initial application - but I think it is tough.

[sm12]

Did HO not write to you asking for you to pay using a different method? They sometimes do this before rejecting an application as invalid.

[Mdchowdhury]

Dear marcnath & sm12

Thanks for you're respond, I didnt send full application.

Sm12, No they never did,last thing they emailed me my case number and 6month it will take.

As the home office consultant advice as she couldn't help me when I rang to send the new payment detail so I posted the page 4 from set Lr only with new payment for the initial application and cover letter explaing the whole situation, but they never dedect the fund yet not gave case number until wrote the 3rd time.

My 1st letter to them
Made an Indefinite leave to remain in the UK application via Royal mail tracked post on 1st of May 2018 tracking number JS00xxxxxxxxxx and payment was supposed to be made by Cheque number 1xxxxxx9, unfortunately my bank didn’t authorise the payment because my signature didn’t match the signature held in their system. I spoke with my bank and they couldn’t help me to re issue the cheque and requested me to contact Home office and pay again.
After speaking with several home office representative, but finally one of the customer line representative advised to write and send a new payment detail.
Please find enclosed page 4 of the Set (LR) New payment details, Please accept my sincere apology on this circumstance as it was completely out of my hands as the signature was not clear on the banks details. I always use my signature everywhere, including my Set(LR) form I had sent in on 1st /May/2018 and I have been caught by surprise. I am shocked with what my bank has done and I have rang them several times in regards to this issue with my cheque and informed them on 02/05/18 to inform them I have made a payment to the Home office.

My 2nd letter to them
Made an Indefinite leave to remain in the UK application via Royal mail tracked post on 1st of May 2018 tracking number xxxxxx and payment was supposed to be made by Cheque number xxxxxx, unfortunately my bank didn’t authorise the payment because my signature didn’t match the signature held in their system. I spoke with my bank and they couldn’t help me to re issue the cheque and requested me to contact Home office and pay again.
After speaking with several home office representative, but finally one of the customer line representative advised to write and send a new payment detail.
On 12th of May 2018 I wrote some new payment details so you can take the payment directly from my debit card. I have also enclosed page 4 of the Set (LR), Royal mail tracking number is: xxxxxx. Please accept my sincere apology on this circumstance as it was completely out of my hands as the signature was not clear on the banks details. I always use my signature everywhere, including my Set (LR) form I had sent in on 1st /May/2018 and I have been caught by surprise. I am shocked with what my bank has done and I have rang them several times in regards to this issue with my cheque and informed them on 02/05/18 to inform them I have made a payment to the Home office.
As of 12th May 2018 I am continuously checking with the bank and authorised my bank to allow to clear the fund of my application from my debit card, but since then no payment have been charged to my account nor I have received letter acknowledgement from the home office. I am in need of some type of acknowledgement for filing my paperwork so I can show this to my employer or I will lose my job as they are asking for my update for my settlement application case reference

[sm12]

Really sorry to hear about this.
Take a copy of the tracking page and write in a cover letter that you applied on 01/05/2018, as the date of the application is the date you send it with Royal Mail. Also explain what happened with your employer and that your application was never rejected as invalid. Rather, you were assigned a case reference number for the application that was sent on time.

[vinny]

The caseworker should have given you the opportunity to make the correct payment before invalidating your in-time application:

If an applicant has not paid the correct fee, you must write to them and give them 10 working days to rectify their mistake and provide instructions on how to pay the correct fee. If they do not do this, you must reject the application as invalid using the notice of invalidity template: ICD 4946 on Doc Gen.

This would have left you with your work rights intact under Section 3C.

[sm12]

The caseworker should have given you the opportunity to make the correct payment before invalidating your in-time application:

If an applicant has not paid the correct fee, you must write to them and give them 10 working days to rectify their mistake and provide instructions on how to pay the correct fee. If they do not do this, you must reject the application as invalid using the notice of invalidity template: ICD 4946 on Doc Gen.

This would have left you with your work rights intact under Section 3C.

In this case, it sounds like HO never even told him that his application was being declared invalid.

[Mdchowdhury]

Thanks Sm12 & Vinny,

Yes indeed I have not received anything from home office regarding my application Invalid and they didn't charge the account after writing my second letter to The Home Office
Liverpool Settlement Casework
PO Box 306, Liverpool, L2 0QN

I received an email from homeoffice which gave me a peace thinking I never provided them email in any of my letters except in my initial application.

So I gave case references to my employer but later I got escorted out my job.

Dear xxxxxxx

Case ID: xxxxxx

Thank you for your application to the Home Office. Your application has been received and is being considered.

It may take up to six months to make a decision on your case. If we are unable to process your application within six months we will tell you as soon as possible.

Today I am going to a solicitor because i completely don't know what's going on with my application, even I know I have lost my earnings for this month.

It was terrible night last, I almost thought I was pass away in my sleep because my head couldn't take it anymore.

[vinny]

The caseworker should have given you the opportunity to make the correct payment before invalidating your in-time application:

If an applicant has not paid the correct fee, you must write to them and give them 10 working days to rectify their mistake and provide instructions on how to pay the correct fee. If they do not do this, you must reject the application as invalid using the notice of invalidity template: ICD 4946 on Doc Gen.

This would have left you with your work rights intact under Section 3C.

In this case, it sounds like HO never even told him that his application was being declared invalid.

Exactly. Perhaps the OP had successfully corrected the payment failure prior to a caseworker had even looked at the application or the caseworker had made an error by not correctly following the guidance.

[marcnath]

So it does look like a terrible mistake on the part of HO.

I am sure it will be corrected but it is just a pain since HO is not contactable other than through phone lines manned by people who are there to dish out standard answers.

See if your employer would be willing to check again - for all you know, the system has been updated.

The legal notice probably will work best, so you are doing the right thing with the lawyer

[Mdchowdhury]

Thanks Marcnath & Vinny,

Yes I ask few of my friends to direct me to right lawyer. As I have never got involve with a lawyer before.

But again right I guess lawyer only get importance from Ho, me as individual applicants in front of Ho saying.

Or just keep quite and wait for next 6month. What is chance of the refusing application or shall I send postal order. I just don't want take a wrong step and get in more trouble.

[sm12]

Thanks Marcnath & Vinny,

Yes I ask few of my friends to direct me to right lawyer. As I have never got involve with a lawyer before.

But again right I guess lawyer only get importance from Ho, me as individual applicants in front of Ho saying.

Or just keep quite and wait for next 6month. What is chance of the refusing application or shall I send postal order. I just don't want take a wrong step and get in more trouble.

You should approach a lawyer.
And they still haven't taken payment even after you sent the new payment information?

[Mdchowdhury]

Thank you Sm12,

Yes Ho didn't take any payment nor they contacted with any issues with my application.

Visited two lawyer yesterday both said same thing as I have all my postal tracking number I have applied before my current visa expires so I am in the right side and even if there was issue with Ho should have contacted me. So its clearly shows its wrong data entry. But it's a hassle you lost job. So to get my job back they can appeal and asking price is for 1lawyer is £4000 and another is £2500 almost same as my application fee. And it's only to get my job sorted not to do with decision of application that will be a different fee if they have to help me.

A local MP showed support and its really kind of him to meet me soon to discuss with me on this issue further.

Now I am thinking either approach lawyer back or sit and wait for the decision and then approce the lawyer again because the fee they asking it really very high when I am not wrong.

[marcnath]

Thank you Sm12,

Yes Ho didn't take any payment nor they contacted with any issues with my application.

Visited two lawyer yesterday both said same thing as I have all my postal tracking number I have applied before my current visa expires so I am in the right side and even if there was issue with Ho should have contacted me. So its clearly shows its wrong data entry. But it's a hassle you lost job. So to get my job back they can appeal and asking price is for 1lawyer is £4000 and another is £2500 almost same as my application fee. And it's only to get my job sorted not to do with decision of application that will be a different fee if they have to help me.

A local MP showed support and its really kind of him to meet me soon to discuss with me on this issue further.

Now I am thinking either approach lawyer back or sit and wait for the decision and then approce the lawyer again because the fee they asking it really very high when I am not wrong.

It looks like you are ok to wait and the job is not an urgent thing.

In that case, go ahead and do your own writing. Get the MP to write in, etc.

And get your employer to check it again - for all you know, it has already been rectified.

[mrsabih]

Thanks Sm12 & Vinny,

Yes indeed I have not received anything from home office regarding my application Invalid and they didn't charge the account after writing my second letter to The Home Office
Liverpool Settlement Casework
PO Box 306, Liverpool, L2 0QN

I received an email from homeoffice which gave me a peace thinking I never provided them email in any of my letters except in my initial application.

So I gave case references to my employer but later I got escorted out my job.

Dear xxxxxxx

Case ID: xxxxxx

Thank you for your application to the Home Office. Your application has been received and is being considered.

It may take up to six months to make a decision on your case. If we are unable to process your application within six months we will tell you as soon as possible.

Today I am going to a solicitor because i completely don't know what's going on with my application, even I know I have lost my earnings for this month.

It was terrible night last, I almost thought I was pass away in my sleep because my head couldn't take it anymore.

Hi will you please give email here from where u receive response from. Home office and i am sorry to hear u facing this issue i had a similar case 5 years ago and i was sacked from my job that home office dident confirm my status of work but i involved my mp and later i receiveed letter from home office accepting their mistake and i went to my employer and they re hired me and give me back all previous salary as well
Yes but you are right I was very worried on that time but be strong and fight you will be fine

[Mdchowdhury]

Thank you Marcnath & Mrsabih,

The case reference email came from hocommunications@communications.homeoffice.gov.uk.

How long do they take time to deduct payment. As its going to be a month.

Did you get your ILR approved later.

[sm12]

Thank you Marcnath & Mrsabih,

The case reference email came from hocommunications@communications.homeoffice.gov.uk.

How long do they take time to deduct payment. As its going to be a month.

Did you get your ILR approved later.

Did you call them again?

[Mdchowdhury]

Thanks Sm12,

Yes i did and apologetic about my issue but it's not in her hand, so she advice me to write case worker.

But after calling i felt bad they don't even ask the case ID to locate my case id or even i request them to have case ID,but their answer is we won't need it just tell us the issue. And their response to the issue is sad to hear about it.

[sm12]

Thanks Sm12,

Yes i did and apologetic about my issue but it's not in her hand, so she advice me to write case worker.

But after calling i felt bad they don't even ask the case ID to locate my case id or even i request them to have case ID,but their answer is we won't need it just tell us the issue. And their response to the issue is sad to hear about it.

I totally get what you mean.
They haven't taken payment from my card either and it's been weeks. No acknowledgement or anything.

[Mdchowdhury]

Thanks Sm12,

Did you apply in may aswell.

[sm12]

Thanks Sm12,

Did you apply in may aswell.

Yes, 14th May is when they received my application.

[Mdchowdhury]

I posted below letter on 5th.

The Home Office
Liverpool Settlement Casework
PO Box 306, Liverpool, L2 0QN 05/06/18

To whom this may concern
Dear Sir/ Madam,

Made an Indefinite leave to remain in the UK application via Royal mail tracked post on 1st of May 2018 tracking number JSxxxxxxxx, which was received by Home Office on 02/05/2018 and my current visa expired on 03/05/2018, initially i applied on before my visa expired.
Recently my employer did a right to work search on me and respond came nagative as mention due to i applied my application after current visa expired therefore my employer shouldn't hire me as it's illegal. So my employer have terminated my contract and ask me to contact home office.
Please check my application posting date as its very important for me to reinstated my job to servive my living.

Today I get this via email.

Dear MR Md *******

Case ID: ********

Following your recent Settlement application you will have received a biometric notification letter with instructions for providing your biometric data (scanned fingerprints and photograph). It informed you that you had 15 working days from the date on that letter to have your biometrics taken.

If you have already provided us with your biometric data for this current application, please ignore this email notification.

If you have not yet provided us with your biometric data, please now take the original letter we sent you with your barcode to a participating Post Office Ltd branch to have your biometrics taken. The addresses of these Post Office Ltd branches can be found at www.postoffice.co.uk. You do not need to book an appointment. You can visit a participating Post Office Ltd branch and wait to be served. Please note that there may be a queue for this service.

It is important that you comply with the biometric application requirements. If you do not, your application will be invalid and could be rejected. Attending a Post Office Ltd branch to have your biometrics taken as soon as possible will help us to process your application more quickly.

If there is an issue with the personal details on your biometric enrolment letter or reason why you have been unable to attend a Post Office Ltd branch to enroll your biometric data please contact: AppointmentExceptions@homeoffice.gsi.gov.uk , setting out the error or reasons why you have been unable to attend.

Actually I have not received the biometric letter in the 1st place.

[sm12]

I posted below letter on 5th.

The Home Office
Liverpool Settlement Casework
PO Box 306, Liverpool, L2 0QN 05/06/18

To whom this may concern
Dear Sir/ Madam,

Made an Indefinite leave to remain in the UK application via Royal mail tracked post on 1st of May 2018 tracking number JSxxxxxxxx, which was received by Home Office on 02/05/2018 and my current visa expired on 03/05/2018, initially i applied on before my visa expired.
Recently my employer did a right to work search on me and respond came nagative as mention due to i applied my application after current visa expired therefore my employer shouldn't hire me as it's illegal. So my employer have terminated my contract and ask me to contact home office.
Please check my application posting date as its very important for me to reinstated my job to servive my living.

Today I get this via email.

Dear MR Md *******

Case ID: ********

Following your recent Settlement application you will have received a biometric notification letter with instructions for providing your biometric data (scanned fingerprints and photograph). It informed you that you had 15 working days from the date on that letter to have your biometrics taken.

If you have already provided us with your biometric data for this current application, please ignore this email notification.

If you have not yet provided us with your biometric data, please now take the original letter we sent you with your barcode to a participating Post Office Ltd branch to have your biometrics taken. The addresses of these Post Office Ltd branches can be found at www.postoffice.co.uk. You do not need to book an appointment. You can visit a participating Post Office Ltd branch and wait to be served. Please note that there may be a queue for this service.

It is important that you comply with the biometric application requirements. If you do not, your application will be invalid and could be rejected. Attending a Post Office Ltd branch to have your biometrics taken as soon as possible will help us to process your application more quickly.

If there is an issue with the personal details on your biometric enrolment letter or reason why you have been unable to attend a Post Office Ltd branch to enroll your biometric data please contact: AppointmentExceptions@homeoffice.gsi.gov.uk , setting out the error or reasons why you have been unable to attend.

Actually I have not received the biometric letter in the 1st place.

Have you emailed on AppointmentExceptions@homeoffice.gsi.gov.uk now?

[Mdchowdhury]

Thanks Sm12,

I did got this respond.


This is an automatically generated response which contains some important information; please read it carefully.



The Appointment Exceptions mailbox is only to be used by applicants who have received their biometric enrolment letters but are experiencing difficulty in enrolling their biometric details at a Post Office. It should not be used to make any other enquiry.

Your email will be sent on to the relevant team and you will not receive a separate email from the Appointment Exceptions mailbox unless further information is required from you to help us determine which team is dealing with your /your client’s case.

Please do not send repeated emails to this address.

Some of the most common reasons for contacting this mailbox are set out below. If your query relates to any of these then please follow the guidance provided against each one.

· You have applied for Settlement in the UK and have received an automated email about enrolling your biometric information but have not yet received your enrolment letter:



o we will notify the relevant team dealing with your case. (The Appointment Exceptions Team cannot provide updates about the progress of your case).



· You are letting us know that you have not visited a Post Office to enrol your biometrics within the 15 days requested in your letter:



o your biometric enrolment letter is still valid however you must enrol as soon as possible otherwise your application may be rejected.

· You have received a decision from the Home Office but have not received your biometric residence permit:

o Courier delivery: please complete the form at www.gov.uk/biometric-residence-permits/not-arrived

or

o Post Office branch collection: please complete the form at www.gov.uk/biometric-residence-permits/collect

· You have received a biometric residence permit but it contains a mistake:

o please complete the form at www.gov.uk/biometric-residence-permits/report-problem

· You have lost your biometric card or it has been stolen:

o please complete the form at www.gov.uk/biometric-residence-permits/ ... en-damaged

· Other assistance available through our website:

o Return of documents: www.gov.uk/visa-documents-returned


o Progress update or general immigration enquiry: www.gov.uk/contact-ukvi

o Change of address: https://eforms.homeoffice.gov.uk/outrea ... pdate.ofml



The Appointment Exceptions Team





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[sm12]

Did HO correct their mistake relating to your application, since you applied on time?
And did you receive the biometric letter?