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Suspended from working by employer

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

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Nonny
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Joined: Mon Feb 16, 2015 11:07 pm

Suspended from working by employer

Post by Nonny » Mon Feb 16, 2015 11:38 pm

Came into the the UK in 2005. Only need till May-June to be able to qualify for ILR under a 10 year route. My Tier 4 (W) visa expired on the 30/01/15. I sent an application on the 29/01/15 for FLR (P) and with the notes that I will be switching over to Tier 5 ..(12 months), home office signed for the delivery on the 30/01/15 07.40am. The money was deducted off my account on the 2/02/15, received the acknowledgment letter on the 6/02/15 dated the 02/02/15. On the 11/02/15 I received a letter from home office saying

Your application raises issues relating to the European Convention on Human Rights which are complex in nature. As such, it falls outside our normal service standards for deciding leave to remain applications. Please be assured that we will make a decision on your case as quickly as possible. Which I do not understand this paragraph.

My issue is my employer has suspended me from work even after showing them these two letters regarding my application. My employer told me that I submitted my application after my visa expired as she told me that the acknowledgment letter is dated the 2/02/15 and she told me it should date the day my visa expired which is the 30/01/15. Even though I have explained to her she still insist there is no evidence. I know I am allowed to continue with my current visa until decision has been made. My question is where do I get the information that explains the issues of me working as I need to take it to them when I am called for disciplinary. A link that explains will do.

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Frontier Mole
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Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Suspended from working by employer

Post by Frontier Mole » Wed Feb 18, 2015 10:17 am

Your post makes no sense at all.
Tier 4 visa expired 30/01/2015 - what work rights did you have?
Assumed you have applied for FLR(FP)?

Does your employer need to keep you on- the answer is very much dependent on your work rights under your tier4 visa. If you have 20 or 10 hours allowed then that is the key question. Were you studying at a Uni?

Nonny
Newly Registered
Posts: 5
Joined: Mon Feb 16, 2015 11:07 pm

Re: Suspended from working by employer

Post by Nonny » Wed Feb 18, 2015 3:02 pm

[quote="Frontier Mole"]Your post makes no sense at all.
Tier 4 visa expired 30/01/2015 - what work rights did you have?
Assumed you have applied for FLR(FP)?

Does your employer need to keep you on- the answer is very much dependent on your work rights under your tier4 visa. If you have 20 or 10 hours allowed then that is the key question. Were you studying at a Uni?[/quot


Sorry I should have made it clear I was allowed to work for 20 hours according to my Tier 4 visa and yes I studied at uni. My question is am I right in saying I should continue working 20 hours until home office has made a decision. I need a link or where I can get such information just encase I need to show my employer.

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Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Suspended from working by employer

Post by Frontier Mole » Wed Feb 18, 2015 11:23 pm

The part of the law that allows you to maintain your previous visa rights pending decision on your current visa is covered by Immigration Act 1971 para 3c. It does not state that your employment has to continue it just staes that your rights continue.
Your employer has every right to suspend you pending appropriate evidence that you have 3c rights.
If you can convince them to use the Employer Checking Service using your application acknowledgment reference then they will be able to confirm your right to work.

Nonny
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Posts: 5
Joined: Mon Feb 16, 2015 11:07 pm

Re: Suspended from working by employer

Post by Nonny » Thu Feb 19, 2015 3:54 pm

Thank you that helps a lot

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