work suspension even with ILR ack. letter from HO

[Raynato]

Hi, my current leave to remain expires on 25/10/2017, and I applied for an indefinite leave to remain on 26/09/2017 (within the validity of my current leave to remain) and had an acknowledgement letter dated 05/10/2017 which i handed to my employer on 10/10/2017 .

The acknowledgement letter states in 3 different places my continued right to work while my application is considered, for a maximum of 6 months. It also states that my employer should follow the employer's guideline which as i understand is submitting my reference number to the home office to cross-check that i have a pending application and that I'm still able to work.

It seems that my employer has only submitted their enquiry to the home office on 23/10 and likely to receive a reply within 5 working days . Thus they have decided to suspend me without pay from 25/10 until they get the home office reply, even though I handed them the home office letter which states my continued right to work, under the same conditions as my current one, and I did so with enough time for them to check before my current leave to remain expire!

Is this suspension without pay lawful giving the details and timeline that i set above?

Kind regards

[hassanh]

Hi,

I think your employer is just trying to follow the procedure and wants to verify with UKVI that you have right to work when your application is pending.

It was up to them to accept the acknowledgement letter you have received but they decided to go by books and went ahead with Employer Checking Service to be on safe side.

It seems like your employer is willing to keep you, that is why they have just suspended you and it will be a matter of few days they will get a positive feedback from UKVI and will let you join the office again.

I have read in many post that employer simply fires the employee when there leave to remain comes to an end even though the employee has applied for new leave simply because the employer is not willing to understand/or verify that the employee has the same right of work as before with a pending application with UKVI.

Thanks,
Hassan

[jengland]

Your employer is novice about immigration rules. Since you put in new application within your leave you are permitted under law to continuing working.
Please involve solicitor.
This happened to me too, but I made the HR knew the implication if they stop me unlawfully, and they left me alone to continue working.

Please press further, let them understand the rules.

Cheers.

[Kay2323]

As suggested by jegland i will advise you to get a solicitor involved. In this country suspended means indirectly they are asking you to leave. Please dont take me wrong but get a legal advise before things get worse and out of hands.

[terze123]

It happened to me. my employer tried to keep me and have sent employer check twice and they both came back negative. read my post

[CR001]

It happened to me. my employer tried to keep me and have sent employer check twice and they both came back negative. read my post

Your circumstances are completely different to this poster. They applied while having valid leave and are waiting a decision. You applied long after your leave expired.

[Raynato]

ok so basically I had a very narrow escape. my shift was due to start at 4pm and until 2pm my employer's decision was that i will not be working that day, but at 2 they had the confirmation back from the HR that I'm clear!
however i must say my employer ( a very large company) has been extremely rigid/scared/worried without much of justification... I guess my manager lacks the knowledge and just wanted to play safe ...very very very safe it really hurt!

[CR001]

Companies face huge fines which is why they are over cautious.