problem occur by employers (NEED HELP URGENTLY, PLEASE READ)

[cric_math]

Hi All,


I have completed my PGCE in Maths, and my local council offer me a work permit for 5 years in 2007-2012.
But after 2 years in March’09, Local council decided to closing down my school in summer 2011. So I was looking for another employer to continue my job. Meanwhile, I had applied few places. I got an interview call from independent college. I had my interviewed and they offered me job. College’s vice principal was HR as well. So, I have given my old work permit and my passport for copy, and ask for new work permit, which was tier-2 sponsorship certificate.
Vice principal said that, he will send me confirmation appointment letter , and in 2 months’ time, college will send you induction letter once, sponsorship will done.
I have received after 2 months induction letter, which was welcome letter for new staff induction day.
Now, this year in May’12 I have asked my college for sponsor certificate for indefinite visas. They were saying that it will be done soon. But until end of June’12 when I didn’t get sponsor certificate, I have asked my teacher’s union to involve and sort it out.
On 28th June’12, my college called me and said that, they are terminating me, because I am illegal employee on the base of Home office information. Because my college never had sponsor licence and they never did any procedure. I was shocked with it. But, home office said that, it was an error done by employer & employee both, and it can be re solved by applying sponsor licence and issue sponsor certificate asap. College gave me assurance on that day in front of my union representative, that they will do everything to sort it out quickly.
But, college didn’t response until 2nd august’12 and my visa was finishing on 7th Aug ’12. They said they don’t want me in college as I am not in sort listing criteria and they have enough staff in college.
Actually, this year in April’12 college had £500000 budget cut, and they put whole college staff at risk for redundancy, but after 8-12 week procedure only some senior members to early retirements. I didn’t get redundancy as well. College took this visa issue problem and did “facial Discrimination” and left me alone in this situation.
My Union stood by me and said, whatever happened is absolutely wrong. My union initially fought with Local area case worker, and then they moved to regional case worker and then National case worker as per high point priority. They have given me specialist Immigration Solicitor to handle this case. My solicitor has 15 years of experience in this field.
My union offer to college that, they will do all the Tier-2 sponsor documents including fees, but college said no. Meanwhile I have contacted local MP to fight my way as well, but union said I can’t fight, if they are dealing this case. But, my MP contacted already to home office and college for my case update.
My principal said that, college is sixth form, and maths teaching is in sort list category for secondary schools only, even though I was teaching entry level, level-1 , GCSE maths in it. Also, my principal stated that, due to labour market job situations they can not recruit me back in college. If, my college don’t want me then why in redundancy procedure they keep me in department. Still, today my department needs me and they are in worst situation but management is not listening.
Now, my union has decided in Oct’12 that, through my immigration solicitor, thatwe are going to do case against college for high compensation, and therefore I need to submit my and my dependents passport in homeoffice. Homeoffice fees is £1200+ for this employement tribunal visas. Union agreed to pay for it. Also, my solicitor suggested that, we will show this case to Barristor and fight for justice.
At the end of Oct’12 Union showed my case to independent employment solicitor and this solicitor advise not to fight, because of lack of evidence . union informed immigration solicitor and to me that, it’s unfortunate but they can not proceed further and I have to leave country asap. Immigration solicitor said, as there is no case I need to go back to my country India.
Suddenly my union and solicitor changed their plan didn’t feel good to me, so I took an appointment with my local MP today(9/11/12). My local MP had replied from Home Office that, “My representative stated that, I & my family want to go back to India, so please send back their passport, so they can go back”. I was shocked by it.
I am very upset and shattered at the moment and I don’t know how can I fight for my justice and proved myself that, I have nothing done unlawfully.
I have all p45/P60, paid national insurance all 3 years, teacher pensions all 3 years. Also, in this 3 years I have been to india twice with family. I secured driving licence in this time. My in-laws visited UK on my college documents and pay slips.
So, where I did unlawful things and why I need to go?
I had 9 years and 2 months in this country lawfully.(2003-2007 university study and 2007-2012 work permit)

Please guide me to fight for my case asap.

[vinny]

I have completed my PGCE in Maths, and my local council offer me a work permit for 5 years in 2007-2012. But after 2 years in March’09, Local council decided to closing down my school in summer 2011.

Who was your employer that had initially applied for your work permit - your council or the previous school that had closed?

[cric_math]

my school is in council. so, school did apply, but it will come through the council name, because of Local Authority.

[vinny]

You may be in a stronger position if the council was your employer (Different job, same employer), rather than the school (Same job, different employer).