Employer Checking Service has sent out wrong information

[mbnarayn]

Dear Employer,

I am writing with regard to your request for confirmation of the entitlement to work of:

Name: Applicant's Name

This individual has presented themselves as being able to work in the UK on the basis of an outstanding application for leave to remain in the United Kingdom which was made before their previous leave to enter or remain in the United Kingdom ended. Their previous conditions of leave would have allowed them to undertake the work in question.

I have checked our records and cannot confirm that this is the case.

Therefore I cannot confirm that this individual is currently entitled to work in the United Kingdom on the basis of an outstanding application.

Unless your prospective employee is able to provide you with appropriate evidence of their entitlement to work, you will not have a statutory excuse against liability for payment of a civil penalty for employing an illegal migrant worker.

The job applicant should contact the UK Border Agency to confirm their status.

The information provided in this letter is for your records only.

Yours sincerely,

The UKBA sent out the above letter to her employer even though she has acknowledgement letter from the UKBA. Not sure what the point of the service is if they are sending out wrong information. Does anybody else have a similar experience?

[Lucapooka]

Great, all you need to do now is explain everything about your circumstances, and that way people might be able to tell you if that letter is correct or has been made in error.

[mbnarayn]

Great, all you need to do now is explain everything about your circumstances, and that way people might be able to tell you if that letter is correct or has been made in error.

I hold an ILR. She applied by post as my spouse on the 9th of November for Further Leave to Remain before her Visa Expired on the 12th of November. She has also recieved an acknowledgement letter. The employer used the reference number on the acknowledgement letter but it has still come back with a negative response. Not sure what is happening.

[Lucapooka]

"She" would have needed to have a visa status that permitted work at the time she applied to switch into leave as your partner. You have not said what type of leave she had when she applied.

[mbnarayn]

"She" would have needed to have a visa status that permitted work at the time she applied to switch into leave as your partner. You have not said what type of leave she had when she applied.

She is Tier 1 Dependant. I applied for and got my ILR on the 10 years route which does not allow dependants on the same application. So she applied separately after I got my ILR. She has been working for the last 6 months until last week.

[bobby80gh]

Dear Employer,

I am writing with regard to your request for confirmation of the entitlement to work of:

Name: Applicant's Name

This individual has presented themselves as being able to work in the UK on the basis of an outstanding application for leave to remain in the United Kingdom which was made before their previous leave to enter or remain in the United Kingdom ended. Their previous conditions of leave would have allowed them to undertake the work in question.

I have checked our records and cannot confirm that this is the case.

Therefore I cannot confirm that this individual is currently entitled to work in the United Kingdom on the basis of an outstanding application.

Unless your prospective employee is able to provide you with appropriate evidence of their entitlement to work, you will not have a statutory excuse against liability for payment of a civil penalty for employing an illegal migrant worker.

The job applicant should contact the UK Border Agency to confirm their status.

The information provided in this letter is for your records only.

Yours sincerely,

The UKBA sent out the above letter to her employer even though she has acknowledgement letter from the UKBA. Not sure what the point of the service is if they are sending out wrong information. Does anybody else have a similar experience?

I had the same problem and I sent a complaint to UKBA. They called me and told me that although I have received an acknowledgement letter, my case is not on the system yet. They will only give a positive feedback when your case is put on the system. That employer checking service is a waste of tax payers money. Until you receive your biometric invitation, you will get a negative response from the employer checking service. Many people on this forum have had similar experience.

[mbnarayn]

[quote="bobby80gh"]

Hi Bobby,

Thanks for your reply. How did you resolve this? Was your employer understanding enough to wait?

Regards

[Damanisshallo]

Following this might help.

[mbnarayn]

Following this might help.

Thanks Damanisshallo. But because the check on the Employer Checking Service has come out negative. They are unwilling to continue her employment for the moment. The employers are aware that this will be the case until the biometric letter is issued. They have asked me to wait until that. Trouble is it may take upto 3 months for that to be issued.

[Damanisshallo]

I think you atleast got to wait until she gets a bio-metric invitation (hopefully 2 months from POA). The good thing is they've asked to wait, Unlike some companies who send P45's. I donno if this could trigger an unfair dismissal? What are the chances of fighting back?

[vinny]

Dear Employer,

I am writing with regard to your request for confirmation of the entitlement to work of:

Name: Applicant's Name

This individual has presented themselves as being able to work in the UK on the basis of an outstanding application for leave to remain in the United Kingdom which was made before their previous leave to enter or remain in the United Kingdom ended. Their previous conditions of leave would have allowed them to undertake the work in question.

I have checked our records and cannot confirm that this is the case.

Therefore I cannot confirm that this individual is currently entitled to work in the United Kingdom on the basis of an outstanding application.

Unless your prospective employee is able to provide you with appropriate evidence of their entitlement to work, you will not have a statutory excuse against liability for payment of a civil penalty for employing an illegal migrant worker.

The job applicant should contact the UK Border Agency to confirm their status.

The information provided in this letter is for your records only.

Yours sincerely,

My guess is that the UKBA haven't gotten around to verifying if the submitted application was valid or not.

[mbnarayn]

I wrote to the MP who in turn contacted the UKBA. I guess this sped things up a little and her application got added to their systems.

I got the below response from the MP.

I have received the following communication from the UK Border Agency:

“Thank you for your enquiry regarding the above case.

Your constituent submitted an application for further leave on the 10th November 2012. Ms (MyWife's Name) current leave expired on 12th November, however as she submitted an in time application, the existing conditions remain in accordance with immigration rule 3c, until a decision has been made.


immigration rules under 3c of the 1971 Immigration Act Section 3C

Section 3C(2) of the Immigration Act 1971 (as amended) automatically extends a person's leave if either:

. an applicant applies for further leave before their current leave expires while their application is still outstanding and they do not withdraw the application before a decision is made, or

. an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 for an in-time application for the variation of leave could be brought or is pending.



Employers checking service

http://www.ukba.homeoffice.gov.uk/sitec ... stform.pdf


As you can appreciate we receive a number of applications, which have to follow set up processes before details are updated on our database. This can take some time due to the work load and lack of resources, hence the reason for Immigration Enquiry Bureau unable to confirm the employment status. Teams are working together to avoid such situations.“


With best wishes.

I got her employer to do another check on the employer checking service and they got a positive response this time .

So contacting your MP seems to be the way forward for any future issues like this.

I would like to thank you all for your suggestions and advice.

Many thanks Damanisshallo

[Damanisshallo]

Good to hear that, and guess what, I am waiting for this kind of response for my partner. She's sent a request to our local MP to get her details onto the system. Not to expedite her application but just to log her onto the system.

So fingers crossed!!!!!

[Damanisshallo]

submitted an application for further leave on the 10th November 2012. Ms (MyWife's Name) current leave expired on 12th November

Why not update theSkyDrive with your partner's details

To Edit the SkyDrive

1. You need a Skydrive ID (Hotmail/MSN/Existing Email) Click here
2. Click Edit Workbook Menu
3. Select Edit in Excel Web App
4. Just add your details to the bottom of the table
5. Once done Click View and select Reading View.

NB: Do not insert any rows in between. The table gets sorted over night.

[k-ville]

Hi,

My case is in the appeal process and I was unfairly suspended from work pending when I am able to get a proof of work in the country (so a valid visa and my passport).

They ran the ECS for me and it came out negative. After 2 weeks of being told only my employer can contact the ECS helpline, I decided to call them on 03001234699 and was told their systems have not been updated.

I told the person I spoke to, that my case is in the appeal process and has actually been forwarded to the upper tribunal.

They eventually checked and said "oh yes, sorry about that, we have now updated our system, please ask your employer to send the request again".

My employers have sent another ECS for me and hopefully should be getting a positive report this time around.

It's sad that this is happening, people who are scared or don't know their rights are left stranded or stuck or unemployed, whereas the guys that are supposed to ensure that things run smoothly are not doing anything at all.

I don't think they have any idea how hard it is for a foreigner to keep on explaining himself regarding their rights to work in the country or the way the situation is poorly managed and how it leads to loss of earnings.

Sometimes I can't help but feel we the foreigners know their immigration rules more than they themselves.

Good luck guys and I hope this helps.