Right to work

[spf2013]

Dear all,

Thank you for your help.
I have some problems with my (potential) employer.

I had a student visa that expired on 31/01/2013. Before this I applied for changing for a Partner visa (I got married on December 2012). I am currently waiting for my visa to arrive.

In December 2012 I got a job offer and I accepted it. I supposed to start working on 21/01/13. After sending all my document to the employer, they took a long while to reply back, but eventually they said that everything was fine and that they would let me know when I could start working.
I had to send several emails to know when I should start working, and they always said that everything was fine and that they needed to organise somethings, but they would let me know.

After a month, they finally replied back one of my emails, but this time they said, that unfortunately they need to wait for my visa for offering me the job, so to call them back when the visa arrives.

Considering that they knew about this situation in December (I explained all this during the interview) and that I missed other interviews and stop looking for jobs in general because of their offer, I do not know if what they did is completely legal or not.

To the best of my knowledge, I could work under the rules of my student visa, until my new visa arrived (and in fact the contract that they offered me was based on the rules of my student visa - not more than 20 hours per week and temporary position until September 2013).

I tried to call the UKBA, but they said they could not help me and that the employer should be the one to contact them. But of course, I do not think now my new employer is willing to contact them.

I found that they behaved in a completely unfair way. They could be clear since the beginning and not making wait 2 months to tell me that I could not work for them, but I do not know if I am in my rights to complain.

I would like some advices!

Thank you!!!

[vinny]

If the UKBA confirms that your application was valid and in-time, then your leave is treated as continuing under Section 3C.

See also Sponsors, paranoia and unfair dismissal.

[wiggsy]

Does your application grant a Certificate of Application? - if so what does it state on there about your right to work in the uk.?

The employer can contact the UKBA who can provide a letter of entitlement as to whether you can work or not...
this will be valid for a set period of time, *(usually 12 monthly checks are required, or an earlier check if a visa expires mid term etc)

http://www.ukba.homeoffice.gov.uk/busin ... pport/ecs/

it might be useful to contact the employer and direct them here...

however: does the job involve a fair amount of training? - they may well be unwilling to spend money on training etc, if it wont benefit them etc... - obviously, they wont say this directly, but it could be the case of "Well, might not get the visa, its a lot of time and money to invest...."

your right to work usually continues on your old visa, as long as your application was filed in time...

[spf2013]

The UKBA sent me a letter of acknowledgement of my visa application that I sent to the employer (it does not say anything about working tho).

I guess my point is that, given that they made a job offer, that to the best of my knowledge is legally-binding in this country, can they change the conditions (starting date)?

I know for sure that EEA spouses have the right to work in UK (due to European Union laws), but I am not sure if this applies also to a British citizen spouse (funny enough the UKBA website is not very clear about this)!

Sorry, but I really need to know what to do!

[wiggsy]

I know for sure that EEA spouses have the right to work in UK (due to European Union laws), but I am not sure if this applies also to a British citizen spouse (funny enough the UKBA website is not very clear about this)!

Sorry, but I really need to know what to do!

BC spouses do not have the automatic right to live and work in the uk
Under normal circumstances (few exceptions apply - ie: BC kids, worked in EEA ETC) they fall under domestic immigration law.

As vinny said, your conditions remain on a student visa - so point them to the link that vinny sent too. - and get them to write / call the employer checking service.

[spf2013]

ok! Thank you!

[wiggsy]

I guess my point is that, given that they made a job offer, that to the best of my knowledge is legally-binding in this country, can they change the conditions (starting date)?

did you recieve a signed contract of employment ETC?

it might be worth discussing this with an employment solicitor (if no contract then hard to prove, and email saying "we should be able to start you in Janurary" might not constitute a start date...

its hard i know, but when ive taken jobs, ive always had to wait a week or two (not months i know) until ive been able to start or first couple of weeks being substantially lower hours than i want to work / earn...