Perm job offer - depends on how soon i get Tier 1 extn

[cooltt_18]

Sorry but I am about to have a rant .. why the f@*k is UK BA taking so long to process extn applications!!???

I've just been offered a permanent role and need to submit passport and visa docs. I told HR that I will hopefully get in next 2 weeks. Its 4 weeks now and still nothing. Bio-metrics date has moved from 16/08 to 20/08 in last 4 weeks!!!

I've explained everything to the HR but they are losing patience now and to be fair to them they cannot wait forever for me to come up with visa.

What should I do in this situation? Any ideas?

I am afraid I will lose this job if UK BA does not process the applications quickly

I've already written to my local MP for help.

Any other ideas?

[tier1_aspirant_del]

can't you submit the receipt of your visa application and previous copy of your visa? Try to explain your situation as I doubt that UKBA will expedite the process for you.

[zeberga]

Same here.

[Pending2012]

I agree, the time it takes to process an extension at the moment is just f*ing unacceptable.

I had a similar situation but managed to convince them that it was fine. My boss' attitude was that given it's in progress, he wasn't fussed.

So, not sure how much this will help, but the Immigration Act 1971 provides that your status remains the same until your extension is decided. Depending on the HR person, you should be able to explain the situation, but I guess if you are up against someone who does not have the same visa issue, then that puts you at a disadvantage...

Section 3C of the Immigration Act 1971

*It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

[cooltt_18]

I did submit the receipt of visa application and pointed out the Immigration law to HR.

They are happy to wait but keep asking me how long will it take?

Also, their worry is what if Home Office reject my extention?

They've waited for so long and are begining to lose patience now. They cannot hire me since their policy states the person has to show docs for right to work in the UK.

Some companies are more lenient in this aspect than others, I believe.

It's all messed up! ..and I am tired of explaining my situation to my boss, HR, consultants, pre-employment vetting agencies etc etc .. I just hope UK BA expedites the processing

[zeberga]

I found this page which may be of use, at least to those whose current employers are getting anxious about their work permit status,

http://www.ukba.homeoffice.gov.uk/about ... tem=137223

It includes helpline for

information about the employers checking service for employers who want to verify the entitlement to work for people who are awaiting the outcome of an application made to the Home Office;

[ursamyn]

There is service called Employment Checking Service (ECS). I am not sure whether this is for exsisting employees or new employees while the extn is in progress. But HO will reply to HR saying the the person can legally work with as a cause of their outstanding application which may cool down you HRD. Also, the letter issued specifically says that do not contact HO before 12 months from the issuance date.

The letter also can be kept in your personnel file as a proof that you are legally employed by the employer.

Maybe this will help your case.

[cooltt_18]

There is service called Employment Checking Service (ECS). I am not sure whether this is for exsisting employees or new employees while the extn is in progress. But HO will reply to HR saying the the person can legally work with as a cause of their outstanding application which may cool down you HRD. Also, the letter issued specifically says that do not contact HO before 12 months from the issuance date.

The letter also can be kept in your personnel file as a proof that you are legally employed by the employer.

Maybe this will help your case.

Thanks for this. My employer did contact HO and they received this letter you mention.

I think they are happy for now that they do not have an illegal worker on their payroll.

However, I still do not have the visa in my hands. I had posted this thread almost a month ago and still nothing. Its frustrating!

What's worse is I cannot make any travel plans whatsoever until I have the passport and visa docs and I cannot apply for any other opportunities!

[poshah]

I agree, I am also in same boat, done the bio in july and just waiting and counting days....not sure if my current employer will soon start getting jittery!