Help very urgent RTW while application with UKBA

hi. I had this problem with my employer that they terminated my employment after putting me through 6 weeks of unpaid suspension. I was informed around 9 weeks ago that they had to suspend me without pay as I did not have the necessary right to work in UK. I asked them if they had received my acknowledgement letter from UKBA stating that I had applied for my Tier-1 visa in April? I was told that they did not receive any such letter. I forwarded them the letter the very same day and after a week when I contacted the HR I was informed by the lady handling my case that she did not have the scans of my UKBA acknowledgement letter. So I had to send her the scans again. Now, after undergoing ECS (Employer Checking Service) I was informed 2-3 weeks ago that they had to terminate me as UKBA did approve of my right to live and work in UK but somehow my employer could not employ me. When I requested to be given a scanned copy of the letter I was denied and was told that I should contact the UKBA personally. Details of my case: My visa was due to expire on the 15th of April and I applied under (now closed) Tier-1 P.S.W. on the 4th of April. I received an acknowledgement letter from UKBA on the 4th of May. Please advise

Must be very disappointing for you...................I would assume that you were on Tier 4 Visa prior to your PSW application with presumably 20 hours to work. If your employment is temporary than ECS are wrong to advise your employer,however if the position you are working is permanent than they are right to terminate your employment.

It does not takeaway your right to work temporarily if you already had permission to work in your old visa.

More info is needed to give you any further advice.

shashank21 wrote:hi. I had this problem with my employer that they terminated my employment after putting me through 6 weeks of unpaid suspension. I was informed around 9 weeks ago that they had to suspend me without pay as I did not have the necessary right to work in UK. I asked them if they had received my acknowledgement letter from UKBA stating that I had applied for my Tier-1 visa in April? I was told that they did not receive any such letter. I forwarded them the letter the very same day and after a week when I contacted the HR I was informed by the lady handling my case that she did not have the scans of my UKBA acknowledgement letter. So I had to send her the scans again. Now, after undergoing ECS (Employer Checking Service) I was informed 2-3 weeks ago that they had to terminate me as UKBA did approve of my right to live and work in UK but somehow my employer could not employ me. When I requested to be given a scanned copy of the letter I was denied and was told that I should contact the UKBA personally. Details of my case: My visa was due to expire on the 15th of April and I applied under (now closed) Tier-1 P.S.W. on the 4th of April. I received an acknowledgement letter from UKBA on the 4th of May. Please advise

talk to your union, or contact citizens advice bureau which gives free legal advice, and more over you were on student visa and your immigration status allowed 20 hrs per week to work and that will remain same until your application decided. So challenge your employer

z18runway wrote:

shashank21 wrote:hi. I had this problem with my employer that they terminated my employment after putting me through 6 weeks of unpaid suspension. I was informed around 9 weeks ago that they had to suspend me without pay as I did not have the necessary right to work in UK. I asked them if they had received my acknowledgement letter from UKBA stating that I had applied for my Tier-1 visa in April? I was told that they did not receive any such letter. I forwarded them the letter the very same day and after a week when I contacted the HR I was informed by the lady handling my case that she did not have the scans of my UKBA acknowledgement letter. So I had to send her the scans again. Now, after undergoing ECS (Employer Checking Service) I was informed 2-3 weeks ago that they had to terminate me as UKBA did approve of my right to live and work in UK but somehow my employer could not employ me. When I requested to be given a scanned copy of the letter I was denied and was told that I should contact the UKBA personally. Details of my case: My visa was due to expire on the 15th of April and I applied under (now closed) Tier-1 P.S.W. on the 4th of April. I received an acknowledgement letter from UKBA on the 4th of May. Please advise

talk to your union, or contact citizens advice bureau which gives free legal advice, and more over you were on student visa and your immigration status allowed 20 hrs per week to work and that will remain same until your application decided. So challenge your employer

Hi the thing is it`s been 8 weeks and my employer has terminated my contract and even sent my P45 back. I don`t know what to do. I was on a 18 hours contract so even if I have same right to work, then it still should not be a problem. But I was told that they would just have to terminate me as I don`t have a visa. I have tried sending the head of HR every other case I could find on the internet and even a letter from solicitor but they still terminated me.

Deepshithole2010 wrote:Must be very disappointing for you...................I would assume that you were on Tier 4 Visa prior to your PSW application with presumably 20 hours to work. If your employment is temporary than ECS are wrong to advise your employer,however if the position you are working is permanent than they are right to terminate your employment.

It does not takeaway your right to work temporarily if you already had permission to work in your old visa.

More info is needed to give you any further advice.

I was employed under an 18 hrs contract so if I have the same RTW i.e. 20 hrs it shouldn`t be a problem. All of my friends are working with the same acknowledgement letters too.

shashank21 wrote:

z18runway wrote:

shashank21 wrote:hi. I had this problem with my employer that they terminated my employment after putting me through 6 weeks of unpaid suspension. I was informed around 9 weeks ago that they had to suspend me without pay as I did not have the necessary right to work in UK. I asked them if they had received my acknowledgement letter from UKBA stating that I had applied for my Tier-1 visa in April? I was told that they did not receive any such letter. I forwarded them the letter the very same day and after a week when I contacted the HR I was informed by the lady handling my case that she did not have the scans of my UKBA acknowledgement letter. So I had to send her the scans again. Now, after undergoing ECS (Employer Checking Service) I was informed 2-3 weeks ago that they had to terminate me as UKBA did approve of my right to live and work in UK but somehow my employer could not employ me. When I requested to be given a scanned copy of the letter I was denied and was told that I should contact the UKBA personally. Details of my case: My visa was due to expire on the 15th of April and I applied under (now closed) Tier-1 P.S.W. on the 4th of April. I received an acknowledgement letter from UKBA on the 4th of May. Please advise

talk to your union, or contact citizens advice bureau which gives free legal advice, and more over you were on student visa and your immigration status allowed 20 hrs per week to work and that will remain same until your application decided. So challenge your employer

Hi the thing is it`s been 8 weeks and my employer has terminated my contract and even sent my P45 back. I don`t know what to do. I was on a 18 hours contract so even if I have same right to work, then it still should not be a problem. But I was told that they would just have to terminate me as I don`t have a visa. I have tried sending the head of HR every other case I could find on the internet and even a letter from solicitor but they still terminated me.

try what i say, that will work, you got the same rights what your HR got, You got the same rights what your boss got who terminated you.

nothing you can do just mourning here, try in action.

z18runway wrote:

shashank21 wrote:

z18runway wrote:

shashank21 wrote:hi. I had this problem with my employer that they terminated my employment after putting me through 6 weeks of unpaid suspension. I was informed around 9 weeks ago that they had to suspend me without pay as I did not have the necessary right to work in UK. I asked them if they had received my acknowledgement letter from UKBA stating that I had applied for my Tier-1 visa in April? I was told that they did not receive any such letter. I forwarded them the letter the very same day and after a week when I contacted the HR I was informed by the lady handling my case that she did not have the scans of my UKBA acknowledgement letter. So I had to send her the scans again. Now, after undergoing ECS (Employer Checking Service) I was informed 2-3 weeks ago that they had to terminate me as UKBA did approve of my right to live and work in UK but somehow my employer could not employ me. When I requested to be given a scanned copy of the letter I was denied and was told that I should contact the UKBA personally. Details of my case: My visa was due to expire on the 15th of April and I applied under (now closed) Tier-1 P.S.W. on the 4th of April. I received an acknowledgement letter from UKBA on the 4th of May. Please advise

talk to your union, or contact citizens advice bureau which gives free legal advice, and more over you were on student visa and your immigration status allowed 20 hrs per week to work and that will remain same until your application decided. So challenge your employer

Hi the thing is it`s been 8 weeks and my employer has terminated my contract and even sent my P45 back. I don`t know what to do. I was on a 18 hours contract so even if I have same right to work, then it still should not be a problem. But I was told that they would just have to terminate me as I don`t have a visa. I have tried sending the head of HR every other case I could find on the internet and even a letter from solicitor but they still terminated me.

try what i say, that will work, you got the same rights what your HR got, You got the same rights what your boss got who terminated you.

nothing you can do just mourning here, try in action.

Hi I contacted my MP last week as UKBA wasn`t replying to me and he sent me a copy of the letter that he has sent them but still I am waiting for a reply from UKBA. I tried contacting my employer again but they are not replying, so I`ll still wait for a letter from UKBA. Please suggest me of anythingelse

shashank21 wrote:

z18runway wrote:

shashank21 wrote:

z18runway wrote: talk to your union, or contact citizens advice bureau which gives free legal advice, and more over you were on student visa and your immigration status allowed 20 hrs per week to work and that will remain same until your application decided. So challenge your employer

Hi the thing is it`s been 8 weeks and my employer has terminated my contract and even sent my P45 back. I don`t know what to do. I was on a 18 hours contract so even if I have same right to work, then it still should not be a problem. But I was told that they would just have to terminate me as I don`t have a visa. I have tried sending the head of HR every other case I could find on the internet and even a letter from solicitor but they still terminated me.

try what i say, that will work, you got the same rights what your HR got, You got the same rights what your boss got who terminated you.

nothing you can do just mourning here, try in action.

Hi I contacted my MP last week as UKBA wasn`t replying to me and he sent me a copy of the letter that he has sent them but still I am waiting for a reply from UKBA. I tried contacting my employer again but they are not replying, so I`ll still wait for a letter from UKBA. Please suggest me of anythingelse

what is your employer name ?

You got the same rights what your boss got who terminated you.

Hello All,

I am in a very bad situation right now. I have applied for my PSW visa on 13th feb and i have submitted my biometric on 27th march and till now i dint get any information from UKBA. 2 weeks back my employer called me and she told me that she is sending a form to UKBA to know the status of my application through Employer Checking Service(ECS). My employer got the reply stating that " There is no outstanding application on my name ". So she is asking me to leave the job on coming saturday i.e 11th august. I requested her that i can talk to UKBA only after 13th August.. before that they wont reply so give me some time. But she said no.....

Please any one tell me what i have to to...

Tanvi wrote:Hello All,

I am in a very bad situation right now. I have applied for my PSW visa on 13th feb and i have submitted my biometric on 27th march and till now i dint get any information from UKBA. 2 weeks back my employer called me and she told me that she is sending a form to UKBA to know the status of my application through Employer Checking Service(ECS). My employer got the reply stating that " There is no outstanding application on my name ". So she is asking me to leave the job on coming saturday i.e 11th august. I requested her that i can talk to UKBA only after 13th August.. before that they wont reply so give me some time. But she said no.....

Please any one tell me what i have to to...

call ukba immediately and explain the situation.

What ever you guys do your employer would not take you back at present. its cal indirect discrimination and the way they have terminated is call unfair dismissal/ you can also claim it wrongful dismissal.

best option for you, if you loss your job, sent them a grievance letter and then legal notice. it would not work and then take them in tribunal. there is strong cases and law against this type of action.

i know Mr xxxxxxxxx taking this type of cases and My friend is one of the victim of this situation, though he got his job back but he is claiming compensation for keeping him out of work for long times.

Speak to a free lawyer, do not spend money at present.

Shashank21

sorry for your situation, first thing you should appeal against the termination. if the right to appeal is passed away then sent them a letter explain to your circumstances and keep copy of all communication. thrist if you do not hear from them then send a notice for sue them in court and after 28 days submit a claim in tribunal.

you have same right as your boss. they can not trminate you , whatever is your contract 18/ 20 or 50 hours. usually ECS sent a formated letter and it is wrong becasue may be their deperment is not updated yet. or some lazy people do not bother to do their job properly. however it is your last and better option to take them in court, you will definitely get compensation for the period you will be out of work. further need help ask a lawyer...

Mr xxxxxxxx cannot be an answer to every solution. It is very evident from your post that you are promoting him to every forum member. If you have to give suggestion to the OP about getting legal advice any solicitor should be able to do the job. Mr xxxxxx is a barrister (that too not fully qualified by his own admission) and it is very unusual for people to contact barristers for advice.

I can appreciate that he seems like an alright guy when i spoke to him but that doesn't mean you promote him to everyone in this forum. I can agree that he has some specialist skill with regards to ACCA cases but defies logic to say he has the solution for every immigration problems.

Forum members are there to share their experience with one another and seek advice if someone who may have already undergone a similar situation.

Blindly promoting a particular person for solicitation is wrong. Mr xxxxxxx may offer free initial consultation but his eventual objective surely is to charge his clients and make money

Hiya,

I have received my Biometric, but my lawyer says dont go for quick enrollment. and my employer gone for "employer checking service" will I get positive response from UK border saying I am eligible to work.

I dont know why my lawyer asked me not to go for Biometric quickly.

I am afraid of response from UK to employer now.

Please help.

Thanks.

Mikki

i need a advised on my case . i recently been suspended from work cause of negative ECS report from home office .

ali927212 wrote:i need a advised on my case . i recently been suspended from work cause of negative ECS report from home office .

You have tagged this onto a 3 year old thread where you are unlikely to get any response. Please continue in your original thread

http://www.immigrationboards.com/uk-tie ... l#p1405149