Work Permit (Tier-2) - Home Office error. URGENT HELP

[manzone91]

Greetings
I started part time in May 2005 for a big company who then applied for my work permit in Dec 2006. I finally put an application through the solicitor and got WP from April 2007 for 36 months, however they stamped it till April 2011 (I assumed at this point that they did this due to my healthy bank statements).
Until recently, due to restructure, HR dept asked me to provide confirmation that I'm eligible to work so I showed them the passport. But HR was really rude and adamant that they need some sort of confirmation. I rang Croydon office who gave me the reference number H123456 (something like that) and confirmed I've permit till 2011. They then gave Sheffield office contact to obtain printed copy which I did but the lady said, "you're in trouble cuz ur visa expired in 2010" I replied that I am sitting in office with my pp stamped till Apr 2011 and the lady replied "well, the person who stamped it must have been blind". I was stunned with this at this point.
Company then exploited this and said they will apply for CoS and I offered them to go through the original solicitor but my manager refused thrice. Later, they agreed after meeting with their legal team.
Now the current situation is, I HAVE LOST MY JOB as CoS has been refused by Home Office. HO did tell my comp to apply asap for CoS so extension can be granted and their records can be changed / updated.
Where do I stand with this????

I am seeking immigration law solicitors and have a meeting due with a local MP as my colleagues at work are gobsmacked with this idiocy.

My arguments are;
1. Why did Home Office stamp visa till 2011 when their approval was till 2010?
2. I beleive they tried to cover up their mistake by asking comp to apply for CoS and then refuse it and not allowing me to appeal?
3. This is not an ordinary role, its a 12hr shift rota that requires cover at all times and comp just kicked me out
4. Why didn't my comp agreed to employ a solicitor services for legal representative to present the case when I was willing to pay easing the burden on the comp?
5. I including some colleagues at work suspect indirect discrimination which could also be on Home Office's end.

Please advise of where do I stand with all this...I didn't do anything wrong yet this bombshell is dropped on me jeopardising my very future.
I have been suffering from chronic stress due to this...

Regards
M.Khan

[mt_dilber]

I believe only a good immigration lawyer can help u. If the case is as u explained then u have strong grounds. Involving local MP is very good idea. Additionally see ur GP , if u are suffering from chronic depression/anxiety due to this stress, get a certificate u may be able to claim ur damages if u win.

Regards

[cindy74]

Well, I think though you had leave till 2011 you didnt have a permit to work beyond 2010, so you should have sorted it out before your work permit expired........

[geriatrix]

I finally put an application through the solicitor and got WP from April 2007 for 36 months, however they stamped it till April 2011 (I assumed at this point that they did this due to my healthy bank statements).

A silly assumption that is now proving disastrous. This should have been sorted out then itself.

The duration of visa is dependent on the duration of the WP, which was 36 months. You were aware of it but did not take any corrective action. The only excuse you can make is that you did not check the dates on the visa ... and the overstay is unintentional and purely due to oversight. The question is whether UKBA will buy this argument?

IMHO, the odds are against you.


regards

[manzone91]

I believe only a good immigration lawyer can help u. If the case is as u explained then u have strong grounds. Involving local MP is very good idea. Additionally see ur GP , if u are suffering from chronic depression/anxiety due to this stress, get a certificate u may be able to claim ur damages if u win.

Regards

Very encouraging. The other two who commented against it. I know you guys are right but I recently travelled and came back on 7th July. The immigration desk only asked (as per details on landing card) that are you working same place where you got your permit from? I replied yes, same place, same role and STAMP and I was in. So, clearly this was a mistake.
Local MP rang HO and they've agreed this is an administrative error on their part. My argument is since visa is the most imp thing for me, why on Earth they stamp it when they knew the approval was for Apr 2010. The solicitor I spoke to knows a very good employment solicitor and we're meeting next week to sort all out. HO have sent a letter asking me to send my PP in to alter their data if so, i will engage my employment solicitor to reinstate me. Questions that come to mind are;

1- Can the employer cancel the CoS if I have to be reinstated. HO hv put a condition thy need confirmation if employer wnts me back they'll correct their records?
2- I have feedbacks from three diff local solicitors tht the comp are very poor and incompetent when it comes to apply for CoS and we have a suspicion that my team leader is discriminative as well?
3- Will the same employer be eligible to re-apply for CoS in Apr 2011 when my visa is due to expire and if they wish for me to continue?

Thank you for your quick responses....Im sorry to reply late as I was under stress couselling.
Cheers
Have a good day

[mt_dilber]

again, if local MP call ur comp as well it would be helpful. The only reason ur comp asked u to leave was ur immigration status. If HO has accepted their mistake then now the ball is in ur comp's court.I think ur Lawyer and MP can play part to restore the situation. U may offer ur comp that u can pay for ur COS (using card will be quickest method to get COS) or leave one months pay etc.

only thing i can say is GOOD LUCK. U are so close to ur ILR, it will be so disappointing and unjust if u fail.

[mt_dilber]

when dealing with ur comp, be polite coz its for u not for them, then if it doesn't work take it to higher authorities through MP, its better if MP speaks to higher authority than ur team leader.

[demornay]

Your original solicitor was negligent for failing to notice the error - you should be taking them to court for compensation!! If the HO now wish to correct their error, you should not attempt to prevent them from doing so. The letter you have is proof they made the mistake and so you've at least a chance of persuading them in your favour with any future application.

I'm not sure you've been discriminated against. Your situation was avoidable at the early stages but you failed to act.

[manzone91]

Your original solicitor was negligent for failing to notice the error - you should be taking them to court for compensation!! If the HO now wish to correct their error, you should not attempt to prevent them from doing so. The letter you have is proof they made the mistake and so you've at least a chance of persuading them in your favour with any future application.

I'm not sure you've been discriminated against. Your situation was avoidable at the early stages but you failed to act.

(history - HO stamped for 18months when my course was for 12months back in '03, we all including uni advisor said it happens as your statements were healthy I ASSUMED THE SAME)

TO BE BRUTALLY HONEST when I got my visa I was satisfied that its the same thing. For me, the visa is everything and I've travelled recently. HO told MP that if i send my pp in alongwith employer letter confirming they'll have me back, they'll ammend their records. BUT TODAY, OUT OF THE BLUE, They've sent me a letter asking me to send my pp in so they can back date it to Apr 2010. And they said they won't hold it against me that I've been an overstayer. What on Earth will I do until Apr 2011 and if they back date it then how on Earth will I get my job back cuz comp will maintain that your wp has expired.

1. What abt my recent travel in July cuz tht will become invalid. IM IN PANIC HERE.
2. They're asking me to send pp by 24th and my solicitor has arranged an appt for 29th, why are they trying to do this and put a lid on it so quickly.

I AM NOW 100% SURE THAT I'VE BEEN DISCRIMINATED AGAINST (you're absolutely bang on with that). Why can't they re-issue the letter with ammended date of 2011 that way everything should be ok.

Also, strangely, my wife applied for spouse visa and based on mine she got it until Apr 2011 as well. What on Earth were HO doing then?

Im under huge stress.....I am thinking for a judicial review....any further advice or questions. Pls feel free to share.

HO said they've sent the approval letter in 2007 which had Apr 2010 but stamped it until Apr 2011 but my reply was that I thought they've given me extra year (bear in mind it wasn't as bad in 2007)


16:15 - My solicitor called and I told her this and she said "ur comp has treated you v.badly...wht i wnt u to do is speak to ur comp and ask if they're willing to reinst u then based on that they'll take it further. she thnks i've been discriminated against"

Thank you all, you've been v helpful....pls add ur thoughts.
M.