Help- Employer thinks I don't have right to work

[ilr93]

Hi all,

I hope this was the right place to post this, I'm not sure and going out of my mind with worry.

I got an email last Friday from my work's HR department saying that my Indefinite Leave to Remain (I actually have Indefinite Leave to Enter) has expired, and expired in 2010.

The problem is, I moved here when I was very young on an ILE visa, my passport expired in 2010. Since then I've had several jobs, been to university, travelled out of the UK and back three times, once back to my country of origin, my brother has managed to join the military after 2010 with the same conditions and subsequently became a citizen, and just two months ago I registered for a part time MA course using that expired entry clearance visa and a current passport as proof of my right to live, work and study in the UK.

I messaged the HR department saying that it was a correct document and I didn't have anything else as proof, and she came back to me saying that she'd checked (she didn't say with who) and that it was expired. I went back saying all the things that I'd said earlier and I haven't had a reply since. I'm happy to wait and get all my financial ducks in a row, in case the worst comes to the worst, but does anyone know what my current position is? Has the law changed? Was there something I was supposed to do?

I'd really appreciate it if someone knew anything about this, because I'm getting very worried.

[CR001]

ILE does not expire with the passport. It is still valid.

However you really should look at getting a BRP card with your status as this is now mandatory if you seek employment etc as the vignette in your passport won't be accepted anymore.

[ilr93]

Hi,

Thanks! A lot of googling suggests this is the case, but I didn't get a letter from the Home Office or anything to say the rules had been changed. I also moved to the UK so young that I wasn't made aware of anything that I would need to do to maintain this status

Do you know when the rules changed for the vignette acceptability? Also, as I'm currently in employment, does this mean I could be suspended from work until I get a BRP? I started in November 2014.

Coincidentally- I am being given a sum of money on the 22nd of February. This will be enough for me to apply for citizenship. Would my work let me stay on while this is being considered or should I get the BRP and then start saving again for citizenship?

I realise these are questions that my employer could answer, but I'm wary of raising it with HR lest I get escorted out...

[CR001]

Hi,

Thanks! A lot of googling suggests this is the case, but I didn't get a letter from the Home Office or anything to say the rules had been changed. I also moved to the UK so young that I wasn't made aware of anything that I would need to do to maintain this status It is the applicant/visa holder who is required to keep up to date. HO don't write to you to tell you.

Do you know when the rules changed for the vignette acceptability? Also, as I'm currently in employment, does this mean I could be suspended from work until I get a BRP? I started in November 2014. The rule came in shortly after that, I think it might have been early 2015.

Coincidentally- I am being given a sum of money on the 22nd of February. This will be enough for me to apply for citizenship. Would my work let me stay on while this is being considered or should I get the BRP and then start saving again for citizenship? Your employer should do the HO ECS check on your eligibility to work. See employee-immigration-employment-status (click). If they 'let you go', this could be considered unfair dismissal. You can apply for citizenship but it does not change your current situation.

I realise these are questions that my employer could answer, but I'm wary of raising it with HR lest I get escorted out...

[vinny]

Indefinite leave does not expire. Moreover, if your employers had previously properly checked your List A documents, then there's no requirement for them to recheck.

However, new employers expect current valid documents, under The Immigration (Restrictions on Employment) Order 2007, as amended.

[ilr93]

Hi Both,

Thanks so much for your replies! They've gone a really long way towards calming me down.

I'll obviously be a lot more vigilant about keeping up with visa requirements until I put my citizenship application in.

(From what I understand, my employers hire about 2000+ employees, and have recently got in large amounts of trouble with UKVI for hiring students for longer hours than they should, so the recheck is part of that)

I'm very relieved I've found out about this now, rather than on my first day at a new job!