Employment

[bristol1]

I was employed by company for 2 years under post study work visa. Company employed for work permit. However work permit was refused because the company solicitor filled a wrong cos code.

When i received my refusal(22nd novermber) my existing work permit was elapsed(23rd october) and i was given 10 days to appeal. However instead of making an appeal i made fresh Tier1 application as an overstayer on 8th december.
My company dismissed me on 3rd december because i did not appeal and made new indepedent TIER 1 application as an overstayer.

My new application was approved in january and my company refused to take me back.

My question is- was dismissal was the only option left for the company or cud they have just suspend me until there was decision made on my new application?
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[ouflak1]

My question is- was dismissal was the only option left for the company or cud they have just suspend me until there was decision made on my new application?

This is just my own opinion.

The problem is that your company couldn't legally employ you, even if you are 'suspended'. They simply couldn't have you on their books. If you had gone for the appeal, atleast they would be safe from any legal ramifications. I think this probably affected why they didn't take you back either, i.e; If you are willing to put the company in that sort of position, what other questionable positions would you be willing to put them into as an employee?

As to the company's options... well sure... they had the option to keep you employed. They did not even have to suspend you. You could have just kept right on working as usual, your new application eventually approved, and life goes on. Was the company willing to take the risk that they (and you) might get caught and everybody gets slammed on down hard by the letter of the law? It sounds like they weren't willing to take that risk and perhaps it was for the best. You never know what nasty little immigration control surprises might have occurred, and that would have been the end of your Tier 1 application pretty much instantly.

My advice: Since you've got your Tier 1, take the opportunity to move on.

[mulderpf]

Legally they are not allowed to employ you when you are not legally allowed to work in the UK, so they acted completely within their rights.

[haritagepoint]

As for his chances ... of course ... they had the opportunity to keep you busy. They did not even suspend you. You could have just kept right on working as usual, your new application is approved and that life goes on. The company was ready to take the risk that they (and you) can get caught and everyone slammed hard by the letter of the law? It seems as if they were not willing to take that risk, and it was perhaps for the better. You never know what nasty little surprises immigration control have occurred and would have been the end of your Level 1 requires about the same.

My advice: when you received Tier 1, the opportunity to go.