Confused about post-NPEE situation

[Confused2010]

Hello,

I have been employed in UK with a work permit since 2007. During a visit to India in November 2009 under sick leave, my employer signed an NPEE to the UKBA onthe grounds that I was absent w/o permision and violated the UKBA terms of leave to enter UK.

While I strongly believe, my sickness (stress) leave was with permission, my first question is, whether an absence w/o permission entails the initiation of an NPEE?

The UKBA appears to have taken an action only in February 2010 to curtail my visa from 02.04.2010.

My employer says that I continue to hold the contract of employment. But it does not provide me any further help or information.

Is my employer legally bound to provide me a CoS, and whether this issue is under immigration law or employment law? Is there something that I can do?

Thanks in advance for any information.

[geriatrix]

My employer says that I continue to hold the contract of employment.

The employer cannot claim so after serving a Notice of Premature End of Employment (NPEE) to the UKBA.

Is my employer legally bound to provide me a CoS

AIUI, from an immigration point of view, your employer has advised UKBA of end of (your) sponsored employment and on that basis your leave has been curtailed.

If the employer wishes that you continue as an employee, the employer will require another CoS on the basis of which you may apply for extension of leave from within UK (before expiry of current leave) or apply for EC from home country.

Whether a NPEE should have been issued or not is not for immigration law to decide - that's between the employer and employee and therefore, perhaps, an issue related to employment law.


regards

[Confused2010]

Thank you very much.

What is EC?
Does absence w/o leave is considered as breach of terms and conditions for leave to enter UK?

The NPEE was initiated on the grounds of breaching the UKBA rules. Would it still be considered as an

[geriatrix]

EC = Entry Clearance (visa applied for from outside UK).

Absence from work without leave is an employment issue .... nothing to do with immigration law.

Since NPEE was issued and your leave has since been curtailed a s reuslt, don't think anything can be done about it. Best to ask your employer to speak to UKBA for advice on the matter - it is he who issued the NPEE.

regards

[Confused2010]

Sorry for my mistakes, I am not fully understanding the text editor.

My employer says that, they consider my absence was w/o permission (though I have submitted sickness leave certificate from my GP), and in their opinion, I have breached the UKBA rules.

UKBA requires a sponsor to inform them if an employee is absent w/o permission for more than 10 days. But I have not seen that, this necessitates an NPEE!

Confused2010

My employer says that I continue to hold the contract of employment.

The employer cannot claim so after serving a Notice of Premature End of Employment (NPEE) to the UKBA.

Is my employer legally bound to provide me a CoS

AIUI, from an immigration point of view, your employer has advised UKBA of end of (your) sponsored employment and on that basis your leave has been curtailed.

If the employer wishes that you continue as an employee, the employer will require another CoS on the basis of which you may apply for extension of leave from within UK (before expiry of current leave) or apply for EC from home country.



Whether a NPEE should have been issued or not is not for immigration law to decide - that's between the employer and employee and therefore, perhaps, an issue related to employment law.


regards

[geriatrix]

UKBA requires a sponsor to inform them if an employee is absent w/o permission for more than 10 days.

Yes, this is a sponsor's reporting responsibility.

this necessitates an NPEE!

NPEE is issued by the employer only when an employee fails to start employment or when the employment is terminated prematurely.



regards

[Confused2010]

Thanks for the comments. what I am not understanding is, whether absent w/o permission entitles reporting, does it mean ending of employment? I have not come across any such requirement, though my employer tells me so.

I will appreciate your further comments.

Confused2010

[geriatrix]

whether absent w/o permission entitles reporting,

Yes, I have already provided the link to the relevant webpage in one of my responses above.

does it mean ending of employment?

Check with UKBA.

regards

[Confused2010]

I am surprised with my English- it is really bad.

What I meant is, I understand that absence w/o permission indeed requires reporting by the employer. However, does it also require to invoke an NPEE? I have not noticed any such specific need.

I have asked information through SAR- however, UKBA has not provided this even after 75 days. Even Information Commissioner has been of no help...

Confused2010