ECS came out negative - impossible!

Hello,

I'll try to keep as short as possible...
I made an application for an EEA FP and was refused unlawfully by the UKBA who disregarded my documents (marriage certificate, ID documents and cards, word contract, accommodation booking, train tickets, Italian residence card... You get the point, I had everything by the book...).
Anyways, we decided to move to the UK and we were held for 2.5 hours at the border because I was refused entry. In the end I had all the paperwork and I was accompanied by my EEA national / Italian citizen married partner and I got a code 1A stamp in my passport stating that I was "Admitted to the United Kingdom under the Immigration (EEA) Regulations 2006 for - six months".
Great news for us, I can work, I can apply for the residence card, everything is back on track, no need to appeal... Yadda yadda...
Yesterday I was fired because my employer ran an ECS check on me and it came out negative, but worse than that, the reason is "This person has not submitted an application for leave in the UK"...... ?? If I haven't ever submitted an application, then how was it refused? And the stamp in my passport, is that just it - a stamp on the paper which was not logged in my file?

Anyways, I noticed one thing that might be the reason to that mess:
I noticed that my employer wrote my name including my previous surname which doesn't appear anywhere and is not registered anywhere and I never used nowhere for the past 2 years, not on my passport or Italian family permit or any other ID document, nor the application I've made and basically nowhere, I am registered everywhere in the UK, including my ID documents and my immigration file without my previous surname, no one knows about that name even.
So instead of writing me down as NAME SURNAME my employer made a check on NAME SURNAME (PREVIOUS SURNAME) - with the parentheses.

Does that make a difference? Because I don't exist under NAME SURNAME (PREVIOUS SURNAME) just NAME SURNAME.
Is it possible that because my name was misspelled, it came out negative? Because as a matter of fact NAME SURNAME (PREVIOUS SURNAME) born on the same day as me with the same nationality didn't ever make an application because a person like that doesn't exist - the combination of my name with my surname and previous surname is pretty unique in the first place and especially for my nationality.

I am desperate because I was fired and I don't know why I am not eligible to work or why they have no record of my application (I mean the UKBA refused it so they have to have a record of it).

Thanks to anyone trying to help me!

Have you submitted an application in the UK? If so, is that application still outstanding?

Have you gone past the six months on your stamp?

No, it's been 20 days since I got my stamp and I got it at the border in Paris at the passport control for the Eurostar.

My question was is it possible that because of my employer misspelling my name he got the wrong information from the UKBA?

Because the reason for the negative answer is that I never made an application and I have.
I wrote all the info in my first message above.

Thank you.

Here, take a look:

Did your employer include a copy of your stamp in the application? I haven't got time for repeated nonsense by this department, take proceeding measures against anyone involved, write a strong worded letter to the UKBA, there will be consequences if they fail to correct their mistake immediately. Tell your employer of the error in the names and perhaps if they can rerun the check with the right surname

My employer did not include any kind of document with form.

A month and a half ago (a day after we got the refusal - 5 days before the train, 12 days before I am suppose to present myself to work) I wrote letters to the home office and UKBA and sent those to all emails I could find and faxes and all and my partner also wrote an angry letter and so did my lawyer and I wrote also that if I lose my job i will file a lawsuit.

Well I didn't lose my job then because I got that stamp at the border, but guess what? I never got an answer from no one, not the UKBA, not UKVI, not the Home Office no one I sent my letters to. So they don't give a shit.

The thing is that now it seems that I have a stamp on paper but in the file I am illegal, unless the eror has to do with my employer providing a wrong name.

I don't know who else to write and who else to send my letters, they don't react to my lawyer's letters as well...

I can try asking my employer to re run the check but he wants proof an EEA family member can work in the UK and the UKBA are not giving him satisfactory answers so that is why I had to bring him a million and a half documents and he keeps running checks on me because he says that my stamp has no date and I told him that it does, the one below it is theday, he won't listen, he says it's separate and for all he knows I entered on the 2nd of September 2014 in France and got the other stamp 6 years ago... I was unable to convince him that I got this stamp by the English IO in Paris on the border with UK not when I entered to France.
Plus he also says that my stamp doesn't state that I can live or work in the UK just that they let me enter the country so it's not valid and I need to provide documents that prove my eligibility to work and stay.......

Anyway, you see it's complicated so I am taking one step at the time, first to know if providing an incorrect name one canget incorrect iinfo? (Plus apart from my name, date of birth and nationality, there was nothing else sent...

Thank you.

I called the UKBA and they told me that I can work with my EEA permit and that the ECS check is to verify people who applied for a work visa from within the UK so my employer should not have used that service on me, thus I was unlawfully fired.

Now my employer wants something that would prove my right to stay and work in the UK because my visa does not state that directly.

I asked the UKBA for a document as such but they don't want to provide any and just told me to wait for my residence card.

What am I suppose to do in the meanwhile? - search for a new job? - it's unfair though!
Who can I turn to for help?

Thanks.

The available guidance is rather non-specific:

• https://www.gov.uk/check-job-applicant-right-to-work
• Check if someone can work in the UK

You basically have a current passport with a current endorsement from the Home Office and are entitled to work in the UK until the endorsement expires. (Actually you're also okay to work past the expiration of the six month stamp, but according to the employer guidance instructions you can't proof this.)

The Code 1A stamp was pretty rare to begin with and only recently has the "EEA Dependant" ink stamp replaced "Code 1A". (See https://www.whatdotheyknow.com/request/ ... ing-551875.) You could try to get written expert advice in the form of a solicitor's letter to convince your employer that your stamp is perfectly legit.

The Employer Checking Service won't help you, as they only hold proper data on you once you lodge an application.

[edit:]

The Acceptable right to work documents: an employers guide doesn't yet include your stamp. You can try the following:

If you need further help when given any of the immigration stamps or endorsements, then you should call our Sponsorship and Employers’ Helpline for further advice on 0300 123 4699. An operator will provide you with advice about whether a stamp or endorsement allows the holder to take the employment you are offering.

Thank you so much for such a detailed answer!
I e-mailed all the details to my employer, hopefully he'll call the UKBA employer's helpline.
I'll post here when I know more

This is an interesting read, http://www.employmentcasesupdate.co.uk/ ... x?i=ed9672

I'm not sure how helpful it will be for you. And I think the circumstances are slightly different, but I believe it is relevant to you.

Hi, I'm in the same boat as you...
EEA4 refused, we appealed, a week ago ECS came negative!
Called UKBA they advised on the phone that I should re-apply for another certificate but in the meantime as a spouse of a EU national I can still work.
My employer, like many other employers doesn't understand the EU immigration laws and won't allow me to work without a document saying so...
I'm stuck.

flcalx wrote:I called the UKBA and they told me that I can work with my EEA permit and that the ECS check is to verify people who applied for a work visa from within the UK so my employer should not have used that service on me, thus I was unlawfully fired.


Thanks.

Hi flcalx
Can I ask which number did you call?

Many thanks
Zaidi