Right to work under Appeal - Section C

[rubyni]

Dear all,

My employers have made a mistake with my SOC code and therefore it was rejected. I have submitted my appeal. My employers indicated that i need a confirmation letter from the tribunal unit to say that my application has been received in order for me to continue working. When I spoke to the tribunal department, they keep on saying it will take a couple weeks for me to receive the letter? Just wondering if thats the case or i can already work without the confirmation letter and i have an appeal ref number to indicate it.

Please advice me!

Thanks,
Rubyni

[Lucapooka]

You can work but your employer will not let you. This is a problem with your employer, but who can blame them for adopting this position (which is one they are entitled to). The want to see confirmation of your right to work. That fact that you have a right to work won't really solve that problem if the UKBA can't get give your employer the thing that your employer is requesting.

[rubyni]

You can work but your employer will not let you. This is a problem with your employer, but who can blame them for adopting this position (which is one they are entitled to). The want to see confirmation of your right to work. That fact that you have a right to work won't really solve that problem if the UKBA can't get give your employer the thing that your employer is requesting.

Thank you for your reply. When you say confirmation of your right to work, you are referring to the the receipt of confirmation of my appeal?

[rubyni]

You can work but your employer will not let you. This is a problem with your employer, but who can blame them for adopting this position (which is one they are entitled to). The want to see confirmation of your right to work. That fact that you have a right to work won't really solve that problem if the UKBA can't get give your employer the thing that your employer is requesting.

Thank you for your reply. When you say confirmation of your right to work, you are referring to the the receipt of confirmation of my appeal?

[chin1605]

You can work but your employer will not let you. This is a problem with your employer, but who can blame them for adopting this position (which is one they are entitled to). The want to see confirmation of your right to work. That fact that you have a right to work won't really solve that problem if the UKBA can't get give your employer the thing that your employer is requesting.

Thank you for your reply. When you say confirmation of your right to work, you are referring to the the receipt of confirmation of my appeal?

Hello,

I can only assume that the reason your employers want the confirmation from the tribunal is that they need a document from a body recognised by the UKBA (the Tribunal in this case), so that they (your employers) would not be adjudged to be falling foul of the law.

My experience though is that when situations like yours arise, the onus is on you to point your employers in the right direction as to how they can verify that you have the right to continue to work; as your application process has not been exhausted, even though you have been refused in the first instance.

In your case, you need to let your employers know that since you were given the right to appeal, and you have indeed appealed, your leave is automatically extended by Section 3C of the Immigration Act 1971 (see section regarding Section 3C in the link below).

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You also need to let them know that the best way to check your 'Right to work' is to use the UKBA Employer Checking Service. This is as stated in the UKBA Employers Guidance document (link below) which all employers should be aware of - but which most of them do not read!!!!!

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You may want to look at Pg 12: VERIFYING RIGHT TO WORK IN THE UK; and Question 51, pg 81: "How can I get a statutory excuse if a person I am looking to employ or existing employee has applied for further leave to remain in the UK, but their documents are with the UK Border Agency?"

With these I'm sure your employers would understand that you have the continued right to work. At worst, they may suspend you (WITH BACK-PAY) until they receive confirmation from the UKBA Employer checking Service. This usually takes btw 1-2 weeks.

I hope these help.

Cheers

[rubyni]

You can work but your employer will not let you. This is a problem with your employer, but who can blame them for adopting this position (which is one they are entitled to). The want to see confirmation of your right to work. That fact that you have a right to work won't really solve that problem if the UKBA can't get give your employer the thing that your employer is requesting.

Thank you for your reply. When you say confirmation of your right to work, you are referring to the the receipt of confirmation of my appeal?

Hello,

I can only assume that the reason your employers want the confirmation from the tribunal is that they need a document from a body recognised by the UKBA (the Tribunal in this case), so that they (your employers) would not be adjudged to be falling foul of the law.

My experience though is that when situations like yours arise, the onus is on you to point your employers in the right direction as to how they can verify that you have the right to continue to work; as your application process has not been exhausted, even though you have been refused in the first instance.

In your case, you need to let your employers know that since you were given the right to appeal, and you have indeed appealed, your leave is automatically extended by Section 3C of the Immigration Act 1971 (see section regarding Section 3C in the link below).

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You also need to let them know that the best way to check your 'Right to work' is to use the UKBA Employer Checking Service. This is as stated in the UKBA Employers Guidance document (link below) which all employers should be aware of - but which most of them do not read!!!!!

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You may want to look at Pg 12: VERIFYING RIGHT TO WORK IN THE UK; and Question 51, pg 81: "How can I get a statutory excuse if a person I am looking to employ or existing employee has applied for further leave to remain in the UK, but their documents are with the UK Border Agency?"

With these I'm sure your employers would understand that you have the continued right to work. At worst, they may suspend you (WITH BACK-PAY) until they receive confirmation from the UKBA Employer checking Service. This usually takes btw 1-2 weeks.

I hope these help.

Cheers

it really helps reading that.
thank you so much!

[darsh223]

dear all
i have read all the comments and solution of this post. i have few questions about my appeal if anyone can help will be great.

Ok so my visa was being refused and i was allowed to appeal against the decision which i did within the time period and perviously i was on Post Study Work Visa (PSW). Now my employer did a Employer Checking Service (ECS) on me and the outcome was i am not allowed to work legally in UK whereas my appeal date with Tribunal Court is 12th January 2015, so now i am temporary being suspended from work.

According to Sec 3D i have all my rights to work legally in UK which i explained to my employer and now my employer is asking a proof of letter or something from Home Office or UKBA whether i can work legally in UK. I have written email to UKBA and ECS but there was no big help.

I really want to know what went wrong or how can i resolve this issue.

Thanks
Darshan

[rubyni]

dear all
i have read all the comments and solution of this post. i have few questions about my appeal if anyone can help will be great.

Ok so my visa was being refused and i was allowed to appeal against the decision which i did within the time period and perviously i was on Post Study Work Visa (PSW). Now my employer did a Employer Checking Service (ECS) on me and the outcome was i am not allowed to work legally in UK whereas my appeal date with Tribunal Court is 12th January 2015, so now i am temporary being suspended from work.

According to Sec 3D i have all my rights to work legally in UK which i explained to my employer and now my employer is asking a proof of letter or something from Home Office or UKBA whether i can work legally in UK. I have written email to UKBA and ECS but there was no big help.

I really want to know what went wrong or how can i resolve this issue.

Thanks
Darshan

Hi Darshan,

I'm assuming after your visa was rejected, you have appeal against the decision to the tribunal ? Under section C, as soon as you have appeal, you are protected and able to work until the outcome of the appeal. When mine was rejected, i couldn't work until i had a confirmation for the tribunal that they have received my application.

Hope this helps!

Rubyni

[emr2014]

Dear Darshan/all

My Tier 2 Visa was also rejected and I was wondering how the appeal process works. Did you simply fill in the form that was sent through the post and were you then contacted with a date for the appeal?

Is there a decision made as to whether they will hear your appeal at all before a date is set? Did you choose paper or oral? I am trying to buy myself as much time as possible.

Many thanks for your help and best of luck,
E

[darsh223]

Dear Darshan/all

My Tier 2 Visa was also rejected and I was wondering how the appeal process works. Did you simply fill in the form that was sent through the post and were you then contacted with a date for the appeal?

Is there a decision made as to whether they will hear your appeal at all before a date is set? Did you choose paper or oral? I am trying to buy myself as much time as possible.

Many thanks for your help and best of luck,
E

Hi E
its just the form you have to fill in and send back to the given address and the date will be then decided by the tribunal court and the date given usually is after 4-5 months.

[darsh223]

dear all
i have read all the comments and solution of this post. i have few questions about my appeal if anyone can help will be great.

Ok so my visa was being refused and i was allowed to appeal against the decision which i did within the time period and perviously i was on Post Study Work Visa (PSW). Now my employer did a Employer Checking Service (ECS) on me and the outcome was i am not allowed to work legally in UK whereas my appeal date with Tribunal Court is 12th January 2015, so now i am temporary being suspended from work.

According to Sec 3D i have all my rights to work legally in UK which i explained to my employer and now my employer is asking a proof of letter or something from Home Office or UKBA whether i can work legally in UK. I have written email to UKBA and ECS but there was no big help.

I really want to know what went wrong or how can i resolve this issue.

Thanks
Darshan

Hi Darshan,

I'm assuming after your visa was rejected, you have appeal against the decision to the tribunal ? Under section C, as soon as you have appeal, you are protected and able to work until the outcome of the appeal. When mine was rejected, i couldn't work until i had a confirmation for the tribunal that they have received my application.

Hope this helps!

Rubyni

Hi Rubyni
many thanks for the advise but the issue with me now is that my employer wants some written proof from home office stating i can legally work in UK. As i had given my HR a letter from my solicitor saying i can work legally in UK according to Sec 3D and also told them the hearing date is in January 15 which my employer is not ready to accept a letter from my solicitor.

thank you
darshan

[Frontier Mole]

What was the reason for your tier 2 refusal?

[darsh223]

i have applied for civil partnership visa and was being rejected due to lack of time period spent together.