suspension from duties becouse falling to produce the rel...

[alboned]

Hi all, I am in a similar position.
My case is as follows:
I am from a Balcan country, came to England in 2001, applied for assylum-got refused.In the meantime I had a relationship with an english girl and have a daughter with her that was born in 2003.Separated from her mother, I got married to a polish girl.Got my 6 mnths visa and then 5 years residence card. Divorced my polish wife before reaching 3 year marriage so when I applied for ILR I was refused. I then submited an application for FLRO based on article 8 of HR, parent of a child born and residing in uk.got 30 months BRP from 31.05.2013 to 01.12.2015. I applied for extension to my FLRO in time and was invited for my biometrics which I did enroll on the 22.12.15 and now I am awaiting for my application to be decided.
Last week got suspended from my work pending an investigation on my right to work in uk.I have worked for 9 years with my company and I am a section manager there and this situation is stressing me out as I like my work and my attendance has always been 100% and I am not used to staying at home and do nothing.
My fear is: Can they dismiss me if HO email tells them I have no right of employment as we know that sometime HO can be useless and not bother with what info they give.
By section 3c of 1971 Immigration Act I know that I am entitled to continue working until my application has been decided but I am still worried what IF.
What can I do if they dismiss me even though the law says they shouldn't?

Any advises will be greatly appreciated.

[CR001]

I have moved your post to the General Immigration Forum which is more appropriate for your case than the EEA/EU forum where you had posted.

[alboned]

Thanks CR, any advise from anyone in the forums would be greatly appreciated as I have now been suspended for a week even though it's with full pay, I find it annoying and ridiculous as I have contacted HO and they have told me I have the right to work, it's just that I think my employer wants to have it in black and white so they can cover themselves.

[CR001]

You have the right to work if you have an extension application in progress. If you submitted your application in time, your existing leave continues and your are covered by section 3C.

Your employer can easily check this, unless they are being lazy or unhelpful. See the link below and pass it on to your employer.

https://www.gov.uk/employee-immigration ... ent-status

[alboned]

I understand,however my fear is,if HO replays wrongly that I am not entitled to work(as I have seen some posts here where ppl have said that HO have sent out wrong info) and I get dismissed, can I take my employer to the Tribunal and get my job back if that happens because of HO incompetincies?!

[noajthan]

I understand,however my fear is,if HO replays wrongly that I am not entitled to work(as I have seen some posts here where ppl have said that HO have sent out wrong info) and I get dismissed, can I take my employer to the Tribunal and get my job back if that happens because of HO incompetincies?!

Yes you could; other people have been put in same position, filed a case & have won compensation.

See https://www.freemovement.org.uk/sponsor ... dismissal/

[alboned]

Thnx Noajthan, I thought so as well.I hope it doesn't have to go down that route as I was aiming for a promotion in April but the way things are going,promotion is the least of my worries at the moment.Hope all is sorted out soon and come September 2016 I will apply for ILR based on 10 year lawfull residence and I wont have to go through these again.

Thanks for ur replies all.

[alboned]

I have now been asked to go back to work and the suspension was lifted as of today with no actions taken against, also have been paid in full during my suspension.

Thanks to the ppl that replied to my post today which eased my stress a bit earlier on.

[CR001]

Phew, glad all worked out for you.

[noajthan]

I have now been asked to go back to work and the suspension was lifted as of today with no actions taken against, also have been paid in full during my suspension.

Thanks to the ppl that replied to my post today which eased my stress a bit earlier on.

Probably down to an overworked/underpaid and partially-trained or poorly-briefed HR department.
They are just scared of prosecution by the authorities.

Nothing personal about it and unlikely to be any evil intent.

Glad it worked itself out for you & good luck with that promotion.

[Obie]

This person does not have a section 3C rights and the people who gave such advise are clearly wrong.

OP did not have leave. He had a residence card which became invalid after his divorce from EEA national.

Then he applied on the basis of access to his British child.

Section 3C is clearly not engaged and the employer will be within their rights to dismiss him until he is granted leave.

[Mercia300]

You're wrong, he was applying to RENEW a FLR(O) permit. I don't think section 3c is void when an application to renew an FLR(O) permit is made in time.

This person does not have a section 3C rights and the people who gave such advise are clearly wrong.

OP did not have leave. He had a residence card which became invalid after his divorce from EEA national.

Then he applied on the basis of access to his British child.

Section 3C is clearly not engaged and the employer will be within their rights to dismiss him until he is granted leave.

[CR001]

This person does not have a section 3C rights and the people who gave such advise are clearly wrong.

OP did not have leave. He had a residence card which became invalid after his divorce from EEA national.

Then he applied on the basis of access to his British child.

Section 3C is clearly not engaged and the employer will be within their rights to dismiss him until he is granted leave.

@Obie, I beg to differ as the OP wrote :

I then submited an application for FLRO based on article 8 of HR, parent of a child born and residing in uk.got 30 months BRP from 31.05.2013 to 01.12.2015. I applied for extension to my FLRO in time and was invited for my biometrics which I did enroll on the 22.12.15 and now I am awaiting for my application to be decided.

[Obie]

It appears I am wrong. I thought he applied for extension after his residence card expired.

If indeed an extension was made in time then yes section 3C is engaged .

[alboned]

Hi guys,its me again and yes, you did missunderstand it Obie.It was an extension application which was granted on 26.02.16 for another 30 months until Aug 2018. I am now awaiting for sept 2016 when I complete 10 years lawfull stay in UK and then I can apply for ILR. Does anyone know what documents they require when I apply for ILR based on the 10 yr stay?

Thanks guys

[CR001]

Suggest you have a read through the Set(LR) form and guidance notes. All detailed in there what you need to submit.