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Employer wants proof that husband is allowed to work
Posted: Tue May 28, 2013 4:07 pm
by Foodie
Hope someone can give me a bit of advice on this.
My husband is sending a new application for permanent resident, the problem is that the company where he works wants a letter from a solicitor confirming he's allowed to work. We can't get a letter unless we pay the solicitor around £1000 to take the case.
Well, the application is already filled and ready to be sent, I don't think there is a need to pay that kind of money and besides we don't even have it.
Is there other way to satisfy his employer? What about the Employer Checking Service?
Many thanks in advance
Posted: Tue May 28, 2013 4:12 pm
by Plum70
Apply for your husband's PR. In a few weeks a CoA (Certificate of Application) should arrive detailing how employers can check the verity of the document and the applicant's rights to employment while the application is being processed. Advice the employer of what is being done. You may also wish to point them to relevant sections of the EU Directive or the UKBA website.
Your husband's employer may not lay your husband off without giving him a reasonable opportunity to produce evidence of his rights to reside and take up employment in the UK.
Posted: Tue May 28, 2013 5:14 pm
by sheraz7
Re: Employer wants proof that husband is allowed to work
Posted: Tue May 28, 2013 8:13 pm
by EUsmileWEallsmile
Foodie wrote:Hope someone can give me a bit of advice on this.
My husband is sending a new application for permanent resident, the problem is that the company where he works wants a letter from a solicitor confirming he's allowed to work. We can't get a letter unless we pay the solicitor around £1000 to take the case.
Well, the application is already filled and ready to be sent, I don't think there is a need to pay that kind of money and besides we don't even have it.
Is there other way to satisfy his employer? What about the Employer Checking Service?
Many thanks in advance
As long as you are exercising treaty rights in the UK, then your husband can work. An employer could be taken to an employment tribunal if they took action against a person with a right to work in the UK.
I wouldn't pay a lawyer for this. Is there a union that could help your husband?
Certainly, apply for PR as soon as you can to avoid inconvenience for everybody.
Posted: Tue May 28, 2013 10:52 pm
by Foodie
Thanks to everyone for the advice, I feel a bit more relieved now! Does anyone know about Biometric Residence Permit? Came across this while looking on the UKBA website and got a bit confused. Wondering now if he should apply for that instead.
Posted: Tue May 28, 2013 11:11 pm
by sheraz7
Foodie wrote:Thanks to everyone for the advice, I feel a bit more relieved now! Does anyone know about Biometric Residence Permit? Came across this while looking on the UKBA website and got a bit confused. Wondering now if he should apply for that instead.
Biometrics residence permit (BRP) is for UK points based categories including indefinite leave which require costly application fees too but your husband does not fall under these categories and have opportunity to apply freely under Eu regulations.
Posted: Wed May 29, 2013 9:49 pm
by EUsmileWEallsmile
Foodie wrote:Thanks to everyone for the advice, I feel a bit more relieved now! Does anyone know about Biometric Residence Permit? Came across this while looking on the UKBA website and got a bit confused. Wondering now if he should apply for that instead.
You won't be the only one confused. I expect that as time goes by employers will be looking for this type of evidence. In any case, it will not apply to you as it is for applications under the immigration rules.