Employer Checking Service and Leave curtailed

Dear All,

I am a Tier 4 Dependent and my wife is a Tier 4 student. My wife's college licence revoked in Apr-2014 and we got 60 days leave curtailment letter in June-2014.

We did in-time application with the new CAS from "A" rated sponsor in Aug-2014. We are still waiting for the outcome.

The problem is now my employer where I am working since Feb-2010 did my right to work check by using Employer checking service and the result came as Negative.

They said that " Based on previous status I am not allow to work". I was shocked as I had a full-time work rights in my previous visa and we did new application within 60 days time limit. And my understanding is my previous status will continue till the outcome of new application.

Please help me to sort-out this issue and guide me what to do next to get approval letter from HO?

Anyone has a same experience and get sorted, please get in touch and help me to get my job back.

Thanks in advance.
Rakesh

whn did u make new tier 4 application ?
Alternatively contact HO and enquire abt ur status.

There are a number of issues that will be the barrier to you continuing to have work rights.

You will still be showing under your own name as curtailed probably because your wifes visa is still under consideration. That was probably why your ECS result came back the way it did. It is wrong and you should still be allowed to work under the 3c rule of continuing leave as per your previous visa until the new application is decided.

The next issue will be when your wife gets her visa will you continue to have the right to work, officially you should if you had work rights before.
Your wife can not be studying at the moment because A rate colleges can not start a student without a visa, only HTS rated colleges can do that.

Dear Guru Frontier Mole,

First of all thank you for your time to reply my post.
You have written that under the 3c rule of continuing leave, I am allowed to work but is there any way I can fight against this result? and how?
I am planning to see my solicitor tomorrow and discuss about the situation but before that I want to make sure that it is possible and also I will convenience my employer to give me some more time to prove my eligibility of work.

Is there anywhere in guideline mentioned about this rule?

I am so sorry to ask you these many question but I know that you will understand my situation.

Thanks in advance for your kind reply.
Rakesh

Respected Guru Manci & Frontier Mole,

Please help me to find any solution of my situation.

Regards,
Rakesh Vyas

Thank you Frontier Mole,

I have gone through this link and understood that my curtailment is fall in under section 3c and also I am eligible to work according to page 7 below paragraph.

Applicant’s status under 3C or 3D leave
Applicants who have their leave extended by section 3C and 3D stay under the conditions of
that original leave. For example:
 An applicant subject to a condition code allowing employment may continue to work as
before. Any restrictions on the type of work allowed or the number of hours they can
work will still apply:

Please correct me if I am wrong.

Regards,
Rakesh Vyas

Respected Guru Frontier Mole,

Thanks for the link.

If my above statement and my understanding is correct then how can I prove to my employer that I am eligible for work?

Thanks in advance for your support.
Rakesh Vyas

rakesh.vyas23 wrote:Respected Guru Frontier Mole,

Thanks for the link.

If my above statement and my understanding is correct then how can I prove to my employer that I am eligible for work?

Thanks in advance for your support.
Rakesh Vyas

U r not eligible to work even your application is in time
ECS is right to refuse your right to work permission

Read page 25 27 and 28 of the link.


https://www.gov.uk/government/uploads/s ... 014_v4.pdf

The guidance referred to came into being last April and clarified the circumstances in relation to student working in detail.
However student dependents are not students and have a more simple regime in regards to their working rights. They either can work or can't work.
Where a dependent has the right to work it will continue as long as the main student lead visa holder stays under tier 4 even if the student loses their right to work because they are not studying at an HEI.
Therefore the conditions under 3c apply to an in time application to the student and the student dependent.
ECS does get it wrong sometimes unfortunately and seem to take a simplistic view of the system information. (CID)
Some will check to the nth degree, cross match the associated cases and read all the file notes. Others not so much. A quick look, see the last date of leave expiry job done... Hence in this case more than likely seen the expiry date for the curtailment and thought that is a past date - can't work.
They also have a tendency not to check another internal system too often called ICW because it is difficult to get information and the information is minimal.

Frontier Mole wrote:The guidance referred to came into being last April and clarified the circumstances in relation to student working in detail.
However student dependents are not students and have a more simple regime in regards to their working rights. They either can work or can't work.
Where a dependent has the right to work it will continue as long as the main student lead visa holder stays under tier 4 even if the student loses their right to work because they are not studying at an HEI.
Therefore the conditions under 3c apply to an in time application to the student and the student dependent.
ECS does get it wrong sometimes unfortunately and seem to take a simplistic view of the system information. (CID)
Some will check to the nth degree, cross match the associated cases and read all the file notes. Others not so much. A quick look, see the last date of leave expiry job done... Hence in this case more than likely seen the expiry date for the curtailment and thought that is a past date - can't work.
They also have a tendency not to check another internal system too often called ICW because it is difficult to get information and the information is minimal.

@frointer mole

Better to check my link as well.

Tier 4 or their dependent right to work only continue when they complete a course or following a course of study.

This is the new guideline.

Where exactly does it state under international students about the rights to work in degards dependents.
Sorry struggling to see that.

Frontier Mole wrote:Where exactly does it state under international students about the rights to work in degards dependents.
Sorry struggling to see that.

I think u r also struggling to understand that dependents r here because of the main applicant. If Tier 4 student visa curtailed it means it effects on their dependent visa as well. Same happened with the right to work. When tier 4 right to work stopped because of new guideline. These rule will apply to their dependents as well.

Read page 25 27 and 28 carefully.

I don't think that is the case.

This person was issued a visa under a set of rules in place at the time they applied. Those rules permits him to full time employment.

New rules cannot be applied to him retrospectively, as his visa clearly permits him to undertake full time work, unlike in the case of the Tier 4 migrant.

Section 3D does not apply, and the people quoting section 3C or 3D are simply wrong.

Firstly section 3C does not apply, as that provision only deals with the case of a person who made a valid application before their leave expires.

Section 3D does not apply, as the OP was giving a curtailment of 60 days.

Unless the Secretary of State goes further and state that the rights of employment of the dependent are curtailed, as well as the leave to remain that is being curtailed to 60 days, the OP will have a right to continued employment.