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Agency Wont let me Work.

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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X-rader
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Agency Wont let me Work.

Post by X-rader » Tue Jul 16, 2013 11:11 am

Hi All,

I was wondering if anyone could please help me; I am employed Via Reed,
I am on a Tier-1 General visa which ran out on 12th, I have applied for an extension via post on 11th and UKBA have received this on the 12th.

Now my problem is that Reed wont let we work until I get a letter from the UKBA confirming that they have received my application. and from What I have gathered from this forum it could be a week to 15 days before I receive this letter.

Does anyone know of any alternative proof that they are legally obliged to accept. Anyone else been in my situation, Any help on this will be appreciated.

Regards

spssbkp
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Re: Agency Wont let me Work.

Post by spssbkp » Tue Jul 16, 2013 12:47 pm

X-rader wrote:Hi All,

I was wondering if anyone could please help me; I am employed Via Reed,
I am on a Tier-1 General visa which ran out on 12th, I have applied for an extension via post on 11th and UKBA have received this on the 12th.

Now my problem is that Reed wont let we work until I get a letter from the UKBA confirming that they have received my application. and from What I have gathered from this forum it could be a week to 15 days before I receive this letter.

Does anyone know of any alternative proof that they are legally obliged to accept. Anyone else been in my situation, Any help on this will be appreciated.

Regards
As per the immigration rules you continue to be on the same visa category whole your application is being processed. (just check this link below and click on the last question ... expand and take a print out and give it to the agency and say that this is legal and from the border agency website)

http://www.ukba.homeoffice.gov.uk/visas ... ding-stay/

X-rader
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Post by X-rader » Tue Jul 16, 2013 12:54 pm

Hi spssbkp,

Appreciate your reply, but the lady in the agency is being a Stubborn and says she will accept only the letter from Home Office as proof that I have applied for my visa, Basically she needs proof that I have applied for my Visa Extension,

Is there any law that can allow me to work for 1 week after visa Exp, as I am sure that the letter will come in a weeks time or any other way they can be convinced that my application is being processed

goldfish
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Post by goldfish » Tue Jul 16, 2013 5:35 pm

Do you have any other proof that you have applied? I provided the recorded delivery receipt showing my application had been sent to UKBA. You might also be able to show the credit / debit card statement showing the deduction of the fees (depending when they are debited).

The company I was consulting to continued to hassle me for the UKBA acknowledgement letter, but having the proof of postage did pacify them for a little while until the acknowledgement letter arrived. (Then they had issues because the acknowledgement letter had a blank space for a signature, but wasn't signed :roll: )

X-rader
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Post by X-rader » Wed Jul 17, 2013 12:31 pm

Hi Goldfish,

They are reluctant to accept that, but I did find 2 phone numbers
03001234699 - For Employers and 08706067766 - for Applicants, you can ring these number and they might be able to help you by giving you your file reference number and then the employer can verify what every they need to to.

The problem with my case is that the Agency is having an Audit next week so they don't want to take any chances and are being over cautious. Just too bad for me; at least I can enjoy the great summer weather. fingers crossed I will get the Letter via post soon as They have already taken money from my Credit Card.

vinny
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Post by vinny » Wed Jul 17, 2013 1:04 pm

See also Right to work.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

goldfish
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Post by goldfish » Wed Jul 17, 2013 1:34 pm

If I understand correctly, the issue here is not about understanding that the applicant has a right to work, the issue is that he/she has not been able to provide sufficient proof to the agency that he has applied (which the agency understands means he/she continues to have the right to work).

If you are having an compulsory holiday, it's lovely weather for it - much better than in winter when it's dark all day :)

X-rader
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Post by X-rader » Wed Jul 17, 2013 3:29 pm

Hi Goldfish,

That's Exactly the case. They want proof as they have an Audit; in the Meantime I am Enjoying the lovely weather. 8)

sublime688
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proof

Post by sublime688 » Thu Jul 18, 2013 2:42 pm

write to employer directing them to the effect of section 3C, and attach to letter a copy of special delivery receipt and the Royal mail printout showing UKBA received application on 12th. there is little more you can do now until the acknowledgement comes

X-rader
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Post by X-rader » Thu Jul 18, 2013 3:16 pm

Hi Guys,

I have found something interesting:

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

Pg 12 and 13

=============================
VERIFYING RIGHT TO WORK IN THE UK

When you are carrying out the document checks there are certain circumstances when we require you to seek confirmation that a person has the right to work in the UK to get, and then keep, an excuse against payment of a civil penalty.
The role of our Employer Checking Service is to verify a person’s right to work in the UK where an individual has:
•an outstanding application or appeal with us which was made at the correct time;
•presented an Application Registration Card (ARC) which states that the holder is allowed to work; or
• presented a Certificate of Application issued to or for a family member of an EEA or Swiss national which states that the holder is allowed to work.

In all these cases you must receive positive confirmation of a person’s right to work from our Employer Checking Service before you employ them.

You must keep copies of the documents relating to the check and the confirmation of right to work letter you receive from us to get and then keep an excuse for up to 12 months from the date of your confirmation letter.

We may require these documents for examination and they must be produced upon our request.
===========================

Basically its because of this they are insisting any form of Written communication from Home Office to cover their own Backs.

Please let me know your thoughts about this.

goldfish
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Post by goldfish » Fri Jul 19, 2013 3:57 pm

That's a useful link, thanks X-rader.

X-rader
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Post by X-rader » Mon Jul 22, 2013 10:01 am

Hello Everyone,

Just wanted to update everyone on what happened with my case; I received the letter from Home Office on 19th July, [ Dated 15th July ];

I sent that letter to Reed, who in turn have come back to me stating that they need to verify this letter with the Home Office's Employer Checking Service;

So now even after receiving the letter I am basically screwed and still cant go to work, Lucky for me I had rung 03001234699 which the the Employer Checking Service help line and gotten my case ID on Thursday so Hopefully the result of that check will arrive sooner than the result of this letter's checks.

Fingers Crossed.

goldfish
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Post by goldfish » Mon Jul 22, 2013 11:29 am

Do you mean that they are writing to UKBA to confirm the letter? Was there anything about the letter that they were concerned about? It seems quite inefficient of them to say your acknowledgement letter from UKBA is not sufficient, and they want to then get their own letter.

X-rader
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Post by X-rader » Mon Jul 22, 2013 11:36 am

Trust me I am fed up with them; they don't know what they are doing and are just causing trouble. They say that they needed the letter just for my ref number and now that they have this they are going to request a Response from Employer Checking Service .

This is whats Listed in FAQ on http://www.ukba.homeoffice.gov.uk/visas ... ding-stay/
What is my immigration status while my application is being decided?
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.

Now that I have provided them with the letter there should be sufficient for them, but this is getting really silly now. [/img]

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