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EMPLOYER DID NOT SUBMIT MY APPLICATION

General UK immigration & work permits; don't post job search or family related topics!

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warenhills
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EMPLOYER DID NOT SUBMIT MY APPLICATION

Post by warenhills » Tue Jul 15, 2008 3:36 pm

HI BOARD.....

I really need your help here is my story...

I finished my education in the UK in December and got a full time job in April, filled in all the necessary paper work required including signing my contract which was subject to getting a work permit. My new employer was acting as my representative in dealing with my work permit and my leave to remain. The manager who initially dealt with my paperwork resigned and did not handover my paperwork to the new manager. All this time i was thinking that my employer had submited my paperwork to the HO. It was only today that the new manager called me and said that he had seen my paperwork in one of the drawers and they had not been submitted to the HO. What im worried about is that my leave to remain as a student expired 31/05/08 and the date today is 15/07/08. As i believe its not my fault but my employers fault that my documentation was not sent in time, how is this going to affect my application for both work permit and leave to remain?? PLIZ HELP

geriatrix
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Post by geriatrix » Tue Jul 15, 2008 5:02 pm

Guess the old manager had some grudge against the organization, but unfortunately, you ended up as the victim!

Since your student visa has expired and you haven't applied for FLR before expiry of student visa, AFAIK you have no right to remain in UK and must return to your home country.

Your potential employer can still make an out-of-country WP application for you, and you can then apply for EC based on WP approval.

regards
Life isn't fair, but you can be!

warenhills
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Joined: Tue Jul 15, 2008 3:18 pm

Post by warenhills » Tue Jul 15, 2008 5:54 pm

sushdmehta wrote:Guess the old manager had some grudge against the organization, but unfortunately, you ended up as the victim!

Since your student visa has expired and you haven't applied for FLR before expiry of student visa, AFAIK you have no right to remain in UK and must return to your home country.

Your potential employer can still make an out-of-country WP application for you, and you can then apply for EC based on WP approval.

regards
well the difficulty is that, my home country is Zimbabwe and with the present situation in Zimbabwe i find it difficult to go back home as i have lived in the UK continuously for 6 yrs, the government back home is quite suspcious of people who have spent such a long period of time in this country...

try-one
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Post by try-one » Tue Jul 15, 2008 6:07 pm

get legal advise; document the situation and prepare to claim damages against the employer.....legally you are not allowed to be in the country, you are an overstayer and you are in a difficult situation, find legal advise on how to normalize your situation (maybe the graduated scheme).....and also, the employer (company) is causing you significant damages....this has £££ impact and they are responsible if you can prove they offered to undertake the immigration activities on your behalf
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Life is a journey, not a destination (S. Tyler)

warenhills
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Joined: Tue Jul 15, 2008 3:18 pm

Post by warenhills » Tue Jul 15, 2008 6:43 pm

try-one wrote:get legal advise; document the situation and prepare to claim damages against the employer.....legally you are not allowed to be in the country, you are an overstayer and you are in a difficult situation, find legal advise on how to normalize your situation (maybe the graduated scheme).....and also, the employer (company) is causing you significant damages....this has £££ impact and they are responsible if you can prove they offered to undertake the immigration activities on your behalf
thanx for the advice, well i think i will look for legal advice, wont it cost a fortune to get legal advice?? Its just that i have not been working for the past three months due to the fact that i was waiting for my new employer to sort out my work permit and leave to remain. The other issue is that i cant apply to go into any other immigration scheme, due to the fact that the IGS should have being applied for before my leave to remain expired and its now about 45 days since it expired... I think my life is ruined now, i am suppose to further my education and am due to start my masters in September.

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