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Issue working while waiting for RC

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Issue working while waiting for RC

Post by psuch2 » Thu Aug 30, 2012 1:20 am

I just recently managed to a get a job in a big hospitality company. I presented my passport and my COA and the general manager had no problem in giving ,me the job, the issue I have is that, I should of been paid this week, by I haven't. So I contacted the head office who told me, they would not pay me until I produce a visa. I am pretty sure that's illegal. What do you guys suggest I do?
No Matter How Long Winter Is, There's Always Spring Time Ahead

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Thu Aug 30, 2012 8:17 pm

I do not know what kind of company is employing you, but I would be very concerned about this if I were you. It is possible that you are simply being exploited (I am not saying that you are, just watch yourself).

Now, should an employer employ an illegal worker (and I stress that I am not saying that you are, I'm giving you an example) and refused to pay them, this would not be an excuse under the employment checks rules, ie the employer would still be fined.

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Fri Aug 31, 2012 11:13 am

I have contacted the head office yesterday, i told them to call the number on my COA to confirm my right to work. This morning I reveived a call from my manager telling me I am not aloud to work because HO couldnt confirm my right to work. I called the head office again, i was told that they didnt "CALL" but emailed the home office, wich prompted me to believe the received an automated message from HO. I callec the HO and there was nothing they could do. I called the Employer Check myself and was told they could have possibly reveiced a email from the HO saying they couldnt confim my right to work.t
I called again and asked my employer to call the Employer Checking Service, wich the head office already refused to do so and they refused again. So Ill ask for a letter in writing and then contact a solicitor.
Where do i stand.
Theres no one else I can call ?
No Matter How Long Winter Is, There's Always Spring Time Ahead

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Fri Aug 31, 2012 1:24 pm

You have the right to work in the UK. This may be of interest to you.

http://www.freemovement.org.uk/2011/12/ ... dismissal/

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Fri Aug 31, 2012 2:15 pm

Just read your article, thats exatly whats happening to me.
No Matter How Long Winter Is, There's Always Spring Time Ahead

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Fri Aug 31, 2012 10:07 pm

psuch2 wrote:Just read your article, thats exatly whats happening to me.
I hope it was of use. What do you plan to do?

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Sat Sep 01, 2012 1:49 am

I really don't know what to do, and I quite upset right now, for every step forward I seen take two steps back.
Clearly my employer is in breach of the law, and they just wont back down. the HO wont speak to me until the 26 of September when the 6 month deadline on my application is reached.
I need a solicitor, I spend whole day on the phone looking for legal advice, but it costs money, I haven't been able to have a proper job for years, I just cant afford a solicitor, but I also cant afford so sit home for a month waiting for the HO.
I have asked my local MP to intervene, but last time I asked he didn't even seem to know UK was part of Europe, claiming I should of been deported amongst other things, he was completely ignorant of European laws.
If you know of any low cost solicitor around cambridgeshire please let me know
No Matter How Long Winter Is, There's Always Spring Time Ahead

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Sat Sep 01, 2012 1:23 pm

My Rc arrived today, I am back at work this afternoon... Feels great...
No Matter How Long Winter Is, There's Always Spring Time Ahead

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