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Tier2 extension, unpaid leave

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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honeychurch
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Posts: 2
Joined: Mon Jan 20, 2014 1:24 pm

Tier2 extension, unpaid leave

Post by honeychurch » Mon Jan 20, 2014 1:51 pm

Hello, My problem was due to extend my Tier-2 general general visa. I made an application on 13th Oct 2013, and the previous one expired on 14th Oct, 2013. I received a rejection letter on 21 Nov 2013, as my Employer had made mistakes in getting my salary and working hours right. On the same day, I was informed that I was not eligible to be paid due to no visa, and 'forced' to fill a form to apply for unpaid leave. I was also told only when I got new visa, my job would be recommenced.

But my employer helped me to issue a new CoS, and I made a fresh application on 01 Dec 2013, and received my visa on 10th Dec 2013. On the same day, I scanned my passport and new visa and sent to the officer for verification. But due to other reasons, only on 13th Jan 2014, I was able to show the original one to the officer for verification.

Now my employer said my unpaid leave period is 21 Nov - 13 Jan. I wonder is this fair?
Firstly, since my new visa was successfully issued, is my previous visa automatically extended to the date when the new visa issued? From 21 Nov to 10 Dec am I eligible to work?
Secondly, as my employer said, my job can only be recommenced until my original visa was verified by some staff, rather than the copy. Is this from somewhere in Immigration Rules?

Thank you very much

FaeLLe
Member of Standing
Posts: 325
Joined: Thu Nov 14, 2013 7:11 am
Location: London
United Kingdom

Re: Tier2 extension, unpaid leave

Post by FaeLLe » Mon Jan 20, 2014 2:32 pm

Considering you filled a application for unpaid leave you technically waived them of any wrongdoings.

I would recommend you drop this and accept it or risk burning bridges with your employer.
What is more important you can choose.

honeychurch
Newly Registered
Posts: 2
Joined: Mon Jan 20, 2014 1:24 pm

Re: Tier2 extension, unpaid leave

Post by honeychurch » Mon Jan 20, 2014 2:37 pm

Thank you for your reply. I just want to know all options, before I reply to my employer.
If I was just asked to sign my name on the last page of form, without any explanation? I believe the staff filled the rest part for me? Is this somewhere I can argue?

FaeLLe
Member of Standing
Posts: 325
Joined: Thu Nov 14, 2013 7:11 am
Location: London
United Kingdom

Re: Tier2 extension, unpaid leave

Post by FaeLLe » Mon Jan 20, 2014 2:41 pm

You should have filled the form before you signed it to know what you signed up for.
They would most likely fill in that you applied for unpaid leave till the date they claim.

Technically if you can prove that you were working (after you were granted leave to remain) then by law they have to pay you.
Try explain to them that you were working (timesheets?) and claim back your pay, delay to validate visa due to internal processes should have nothing to do with you being unpaid.

If all fails you will have to take them to the Employment Tribunal if you really want to fight for a few days of leave if they are not willing to settle - https://www.gov.uk/employment-tribunals

FaeLLe
Member of Standing
Posts: 325
Joined: Thu Nov 14, 2013 7:11 am
Location: London
United Kingdom

Re: Tier2 extension, unpaid leave

Post by FaeLLe » Mon Jan 20, 2014 2:42 pm

You should have filled the form before you signed it to know what you signed up for.
They would most likely fill in that you applied for unpaid leave till the date they claim.

Technically if you can prove that you were working (after you were granted leave to remain) then by law they have to pay you.
Try explain to them that you were working (timesheets?) and claim back your pay, delay to validate visa due to internal processes should have nothing to do with you being unpaid.

You can get professional help (for free I think) from here - https://www.gov.uk/pay-and-work-rights-helpline

If all fails you will have to take them to the Employment Tribunal if you really want to fight for a few days of leave if they are not willing to settle - https://www.gov.uk/employment-tribunals

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