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Proof of right to work

General UK immigration & work permits; don't post job search or family related topics!

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philwafc
Member
Posts: 100
Joined: Tue Jun 02, 2009 1:30 pm

Proof of right to work

Post by philwafc » Wed Aug 12, 2015 2:21 pm

Hi

My wife's discretionary leave to remain ended in July and she has submitted her application for an extension. For her application she had to submit her residence card but this week her employers have asked her for this as they are doing checks on all foreign nationals to make sure they have up to date visas etc. She has told her boss the situation but he has said that the managers are going to be wanting to see this card. I know that even with her application pending she is legally entitled to work but was wondering what evidence she can show to prove this.
Can she ask the Home Office to return her card for this purpose or will her application then be invalid? Of course if they did return it, it would put her application back quite a bit. Is there anything else she can do to prove her right to work?

Many thanks.

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Re: Proof of right to work

Post by vinny » Wed Aug 12, 2015 3:03 pm

Print out Section 3C for them.

Does she have proof of posting her application?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

philwafc
Member
Posts: 100
Joined: Tue Jun 02, 2009 1:30 pm

Re: Proof of right to work

Post by philwafc » Wed Aug 12, 2015 3:08 pm

Great, will print that out.

Yes, she has the proof of postage for her application.

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Re: Proof of right to work

Post by vinny » Wed Aug 12, 2015 3:11 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

philwafc
Member
Posts: 100
Joined: Tue Jun 02, 2009 1:30 pm

Re: Proof of right to work

Post by philwafc » Wed Aug 12, 2015 4:47 pm

I don't think proof of postage would make much difference with her boss. The address on the proof of postage is just a postcode, and I don't think her boss would check this let alone call the home office for confirmation. Could she write to the Home Office for confirmation of her right to work?

I'm guessing it would take a long time for the Home Office to respond though, if at all. By this time it would probably be too late and she would have lost her job.

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Re: Proof of right to work

Post by vinny » Thu Aug 13, 2015 12:41 am

If the employers are unsatisfied, then they may contact the UKBA.

However, the UKBA seems to have an unfortunate habit of being unable to confirm a person's right to work.

In view of the fines that employers may face, it's unsurprising that some may be paranoid.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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