I lost my job while my EEA 2 application is being processed.

[EUsmileWEallsmile]

Bear in mind that the regulations state that a COA must be issued immediately.

You have more than cause to complain.

[Nim]

If I send a written appeal to my ex employer, they will be in trouble? They were very nice to me. I feel bad to trouble them.


Thank you for the useful website too.

[Nim]

I can only send a complaint to UKBA but cannot sue for their failure to issue COA and their advise my ex employer to dismiss me?

If I can sue them, please could you advise me how/ where?

[EUsmileWEallsmile]

If I send a written appeal to my ex employer, they will be in trouble? They were very nice to me..

They dismissed you. You are entitled to work. I appreciate that you may have sympathy for your employer, but are they still paying you?

[EUsmileWEallsmile]

I can only send a complaint to UKBA but cannot sue for their failure to issue COA and their advise my ex employer to dismiss me?

If I can sue them, please could you advise me how/ where?

Find a lawyer who specialises in talking inefficient governments depts to court.

[Jambo]

On 21/05/12, my ex manager told me my contract was extened to September 2012.

HR Manager said she would sort it out.

Have you got a written proof for this extension? If you take them to court, they might argue they did not extend your initial contract.

According to your story, it is clear the HO employer helpline made a mistake. Did you actually see the letter the HO sent to your employer?

Mistakes by the HO do happen but normally if someone had a valid visa and made another application, the HO would allow the employer to continue with employment until a decision is made.

[Nim]

Unfortunately, the ex employer never gave me a proof of my contract extension. On the other hand, if it was not extended, I had to stop working on 22 May according to the first contract instead of going on until 31 May.

Definitely, I knew HR manager would never give an extension letter until my right to work was sorted out.

Moreover, I just realise, when I got a dismissal letter yesterday, that HR manager has been very clever. She told me on 31 May that we would tell your colleagues you were on leave in case you could come back. I said to tell the truth because I did nothing worng.

She might give my hope in order to get another evidence from me. I was told to email her after coming home in the afternoon about what I did to get the information from UKBA to confirm my right.

I did not mention (as she expected ) in my email that I did not contact UKBA as she requested neither I did not look for doucment as she required. I just told her I made 2 calls to UKBA and what I was told about.


I also thought of applying for EEA 2 since the first 2 months I entreed the UK but I was not sure my application would be ignored because the remaining 4 months validity and I would loose an opportunity to apply for a job. It might be my wrong decision.

[Kitty]

If you have less than 1 year's service (or 2 years if you started work after 6 April) then you cannot claim unfair dismissal against your employer.

Was there anything in your contract that required you to produce proof of your right to work?

Has your employer indicated that they will take you back once you get the COA?

Did you get any pay in lieu of notice (I think you said you were dismissed with immediate effect)? You should at least have received this.

You could still have claims for breach of contract, wrongful dismissal, unlawful deductions from wages (if you are in fact suspended rather than dismissed, and you want to claim your pay for the suspension period), and possibly race discrimination.

[EUsmileWEallsmile]

I also thought of applying for EEA 2 since the first 2 months I entreed the UK but I was not sure my application would be ignored because the remaining 4 months validity and I would loose an opportunity to apply for a job. It might be my wrong decision.

What's done is done so no point in worrying about that now.

You appear to have applied for a residence in good time. The Home Office is obliged to issue your COA immediately. If they had, you would easily be able to demonstrate your right to work.

[Nim]

EUsmileWEallsmile - I have an appointment at Citizen Advices Bureau on 13/06/12. Hopefully, something pleasant can be proceeded.

Jumbo - It's unfair for me. UKBA should have either issued COA or Question and Answer Sheet explaining why I cannot work in the UK. But they cared to advise my ex employer I cannot work here. Unfortunately, I could not see the UKBA letter to my ex employer.

Kitty - I started working on 02/04/12 - until 9. 45 am on 31/05/12. When I applied for this job, my passport was with me. Nothing about proof of right to work is in my contract but only it would be concluded on 22/05/12 when my EEA FP was expired on.
On 31/5/12 before I left the office, HR manager said she would tell my colleagues I had been on leaves in case I could come back. It was just a verbal statement.
I was told to be paid on 25 June as a monthly pay day.

[Nim]

As advised, I sent a complaint to http://www.ukba.homeoffice.gov.uk/contact/contactspage, and got only an automatic reply on 05/06/12:

Automatic reply: I lost my job while my EEA 2 Application being processed without a COATuesday, 5 June, 2012 18:50
From: "North West Customer Service Unit" <NWCSU@homeoffice.gsi.gov.uk>Add sender to ContactsTo:

Thank you for your e-mail to the North West Customer Service Unit (NW CSU). The NW CSU deal with complaints and compensation claims relating to the service of the UK Border Agency in this region. We aim to respond to all complaints within 20 working days of their receipt. If your e-mail is deemed to be a valid complaint you will receive an acknowledgement allocating your complaint with a unique identification number. Any further correspondance relating to this complaint should quote this number. For further information about how complaints are dealt with or how to submit a complaint please visit our website: http://www.ukba.homeoffice.gov.uk/contact/contactspage/ Please note that the NW CSU can only process complaints made against departments within the North West Region and are unable to deal with: - Urgent treatment requests or advice relating to immigration applications - Progress checks on applications - Complaints about a decision made If you require the urgent return of your documents, please see the UK Border Agency website at http://www.ukba.homeoffice.gov.uk/conta ... actcentres for the appropriate contact details. However please note that return of the applicant's passport submitted in support of a leave to remain application, for travel outside the United Kingdom, will lead to the application being withdrawn. We aim to return requested documents within 10 working days. We are unable to process complaints on a decision that has been made. To request a reconsideration of your case, please write directly to the caseworker that handled your application. You should include all the reasons why you feel the decision is incorrect.
The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free.
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My complaint is considered invalid because of 20 working days passed without a further reply !!!!!!

[Nim]

RC (dated 07/06/12) received 07/07/12

EEA2 application sent on 11/04/12.

COA never issued, caused me loose my job.

[thsths]

RC (dated 07/06/12) received 07/07/12

EEA2 application sent on 11/04/12.

COA never issued, caused me loose my job.

I am sorry to hear that - do you have any chance of getting your job back?

If not, you have two options: you can go after your employer, or after the UKBA. Because it is not quite clear who has how much responsibility, neither is an easy case. Personally I would go after the employer. Even if you are only on a temporary contract, they have to give a reason for not extending it. Did you receive any paperwork about the termination? They should know that they are in trouble, so maybe you can even come to an agreement.

[Nim]

Thank you for your recommended options.

Unfortunately, there was no written contract extension. Although HR Manager was very clever to hold on giving me a paper, I don't want to harm the employer who offered me a job opportunity and complied with the law.

That's why I prefer to go after UKBA as you advised.

Sending the complaints at the beginning of June, I have never got any reply from NWCSU@homeoffice.gsi.gov.uk, and UKBACustomerComplaints@homeoffice.gsi.gov.uk

I'd like to see what MP can do after my complaint was sent to him last week.

[Nim]

Thank you for all advices.

Finally, North West Correspondence Team admitted an administrative error has casued me a great loss.

But I argued it was a negligence and claimed for it.

[Plum70]

Thank you for all advices.

Finally, North West Correspondence Team admitted an administrative error has casued me a great loss.

But I argued it was a negligence and claimed for it.

Nim, I just found this case: Okuoimose vs City Facilities Management Ltd which looks to set a strong precedent for situations such as yours, and it may help should you wish to legally challenge your employer.

[Moni]

Dear Nim

I'm exactly in your shoes now. Getting suspended from work and waiting for my hearing later this week.

What happened to you?
Did you appeal against your employer's decision?
Are you back to work now?
Did that dismissal have any affect on getting other jobs?

[EUsmileWEallsmile]

Dear Nim

I'm exactly in your shoes now. Getting suspended from work and waiting for my hearing later this week.

What happened to you?
Did you appeal against your employer's decision?
Are you back to work now?
Did that dismissal have any affect on getting other jobs?

You may find that Nim posts back. They might not.

It might be better if you start your own thread rather than tagging onto a rather old one. If you do decide to start one, you might consider supplying some more details pertaining to your circumstances.