working while Tier 1 extension

[afkhan]

Hello Guys,

I am currently in a very strange situation. I have sent my visa for extension (Tier 1 General) and it has been 5 weeks only. Unfortunately during this time period about 2 weeks back i got Laid off from my previous employer. I was lucky enough to get a new job within my notice period but i told my new company that my Tier 1 visa is in the process of extension. The company's legal advisor asked me if i have been invited for Biometrics. I told them no i haven't. He said we might be good if you have the reference letter from UKBA stating that the visa is in the process and you should be able to work since you status remains legal. I gave them my Acknowledgement letter to which the lawyer said that We will still need to carry out the right to work check using the employer's checking service. Hence they sent it for the check to Home Office.
Just Today they got back to me saying that i cannot work while my application is outstanding. Here are the exact words they received from Home Office.

This individual has presented themselves as being able to work in the
UK on the basis of an outstanding application for leave to remain in the
United Kingdom which was made before their previous leave to enter or
remain in the United Kingdom ended. Their previous conditions of leave
would have allowed them to undertake the work in question.

I have checked our records and cannot confirm that this is the case.

Therefore I cannot confirm that this individual is currently entitled to
work in the United Kingdom on the basis of an outstanding application.

The company has told me that they cannot employ me unless i have an approved visa. My question is what if i dont get the visa in another 3-4 months. does that mean i cannot work????
i would appreciate if people with the right knowledge would respond.
Thanks

[silent_warrior]

Hello afkhan
You are definitely legal, and I am not sure why the agency has come back with this outcome.
To start with check this link on the UKBA website
What is my immigration status while my application is being decided?

Also check this thread, it gives you all the answers which you can pass to the agency and your employer
http://www.immigrationboards.com/viewto ... 404298851d

[afkhan]

Hi Silent_warrior,

Exactly my thoughts. Thank you very much for directing me to these clauses mentioned in UKBA list. However i believe the new company i am waiting to join are quite reluctant now since they got this letter.
Now i don't blame them at all but i am not sure why the Home Office people would say that i cannot work. I just don't get the reasoning behind their decision of not letting me work?
Do you think i can call Home Office and find out what this letter means?

Thank you

[Mind_The_Gap]

Hi Silent_warrior,

Exactly my thoughts. Thank you very much for directing me to these clauses mentioned in UKBA list. However i believe the new company i am waiting to join are quite reluctant now since they got this letter.
Now i don't blame them at all but i am not sure why the Home Office people would say that i cannot work. I just don't get the reasoning behind their decision of not letting me work?
Do you think i can call Home Office and find out what this letter means?

Thank you

Hi Afkhan,

The level of knowledge widely varies in the home office. You can also quote section 3C of the Immigration Act 1971

*It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

[silent_warrior]

Hi Silent_warrior,

Exactly my thoughts. Thank you very much for directing me to these clauses mentioned in UKBA list. However i believe the new company i am waiting to join are quite reluctant now since they got this letter.
Now i don't blame them at all but i am not sure why the Home Office people would say that i cannot work. I just don't get the reasoning behind their decision of not letting me work?
Do you think i can call Home Office and find out what this letter means?

Thank you

You may want to try and speak with them. Also try and read this. I am not entirely sure if they deal with Tier 1 employment queries, but it is worth a try
Enquiry for employers

[WRS]

Hello Guys,

I am currently in a very strange situation. I have sent my visa for extension (Tier 1 General) and it has been 5 weeks only. Unfortunately during this time period about 2 weeks back i got Laid off from my previous employer. I was lucky enough to get a new job within my notice period but i told my new company that my Tier 1 visa is in the process of extension. The company's legal advisor asked me if i have been invited for Biometrics. I told them no i haven't. He said we might be good if you have the reference letter from UKBA stating that the visa is in the process and you should be able to work since you status remains legal. I gave them my Acknowledgement letter to which the lawyer said that We will still need to carry out the right to work check using the employer's checking service. Hence they sent it for the check to Home Office.
Just Today they got back to me saying that i cannot work while my application is outstanding. Here are the exact words they received from Home Office.

This individual has presented themselves as being able to work in the
UK on the basis of an outstanding application for leave to remain in the
United Kingdom which was made before their previous leave to enter or
remain in the United Kingdom ended. Their previous conditions of leave
would have allowed them to undertake the work in question.

I have checked our records and cannot confirm that this is the case.

Therefore I cannot confirm that this individual is currently entitled to
work in the United Kingdom on the basis of an outstanding application.

The company has told me that they cannot employ me unless i have an approved visa. My question is what if i dont get the visa in another 3-4 months. does that mean i cannot work????
i would appreciate if people with the right knowledge would respond.
Thanks

I have came across a similar case as yours for another candidate for whom the UKBA replied the same to his potential new employer.

UKBA enquiry team is rubbish and is sending wrong information out!

If you dont want to waste your time being jobless, i would advise you contact a good solicitor who then writes for you to UKBA and receives an official response in a written letter for you. That will then be a proof that you can show to the employer and he would be able to hire you.

Cheers,

[afkhan]

I have came across a similar case as yours for another candidate for whom the UKBA replied the same to his potential new employer.

UKBA enquiry team is rubbish and is sending wrong information out!

If you dont want to waste your time being jobless, i would advise you contact a good solicitor who then writes for you to UKBA and receives an official response in a written letter for you. That will then be a proof that you can show to the employer and he would be able to hire you.

Cheers,

Hey WRS, Do you anything about what happened to this individual who you are referring to got the same letter? how did he manage to resolve his situation??

and thank you all you guys, it seems i will probably have to get a lawyer to speak to UKBA on my behalf. It might resolve the problem.

[vignezh]

I think finding a solicitor will be the way to go...

[afkhan]

Hi vignezh,

Sure i think i will have to do that. seems like this is the only solution at the moment. Unfortunately the prospective employer has withdrawn the job offer, so things are looking rather bad now. but this needs to be sorted. thanks a lot though for all your help.

[WRS]

Hey WRS, Do you anything about what happened to this individual who you are referring to got the same letter? how did he manage to resolve his situation??

and thank you all you guys, it seems i will probably have to get a lawyer to speak to UKBA on my behalf. It might resolve the problem.

You can read the other case
http://www.immigrationboards.com/viewto ... yer++legal

[afkhan]

You can read the other case
http://www.immigrationboards.com/viewto ... yer++legal

Wow man.....i really feel bad for the guy. The sheer sloppiness of UKBA has cost him the job, i wonder if they seriously look into this matter and come up with a solution as this has started to affect the people working who are not entitled for the benefits either.

[SunnyKK]

I am in the same situation, but what I did that I called UKBA customer service number, and I told them evertyhing. and they advised me I should ask my employer to call UKBA Employers' Helpline (0300 123 4699), and ask my employer to speak to them directly. I asked my HR to call this number and they advised my HR that as long as employee can provide proof that they have applied for visa, then it should ok for them to continue working? and my HR has no problem now, as they have confirmation from UKBA>

I would stronly recommend that you should ask ur HR or manager to call UKBA Employers' Helpline (0300 123 4699). I was at brink of loosing my job, but after speaking to employers helpline, my employer is ok now.

Regards,
Sunny

[afkhan]

I am in the same situation, but what I did that I called UKBA customer service number, and I told them evertyhing. and they advised me I should ask my employer to call UKBA Employers' Helpline (0300 123 4699), and ask my employer to speak to them directly. I asked my HR to call this number and they advised my HR that as long as employee can provide proof that they have applied for visa, then it should ok for them to continue working? and my HR has no problem now, as they have confirmation from UKBA>

I would stronly recommend that you should ask ur HR or manager to call UKBA Employers' Helpline (0300 123 4699). I was at brink of loosing my job, but after speaking to employers helpline, my employer is ok now.

Regards,
Sunny

Hi Sunny,

Thanks for the update mate. The bad news is that my employer just withdrew their job offer this morning. However i will give it another shot to convince them tomorrow and ask them to call the help line. There is a very bleak chance that they will give me my job though back but i guess there is no harm in trying.
Appreciate you help man.

Best
-Asim

[silent_warrior]

I am in the same situation, but what I did that I called UKBA customer service number, and I told them evertyhing. and they advised me I should ask my employer to call UKBA Employers' Helpline (0300 123 4699), and ask my employer to speak to them directly. I asked my HR to call this number and they advised my HR that as long as employee can provide proof that they have applied for visa, then it should ok for them to continue working? and my HR has no problem now, as they have confirmation from UKBA>

I would stronly recommend that you should ask ur HR or manager to call UKBA Employers' Helpline (0300 123 4699). I was at brink of loosing my job, but after speaking to employers helpline, my employer is ok now.

Regards,
Sunny

Hi Sunny,

Thanks for the update mate. The bad news is that my employer just withdrew their job offer this morning. However i will give it another shot to convince them tomorrow and ask them to call the help line. There is a very bleak chance that they will give me my job though back but i guess there is no harm in trying.
Appreciate you help man.

Best
-Asim

Asim when they made you the job offer, did you accept it? If yes then this would mean that,a basic legal contract between you and your new employer has ben agreed, even if you haven't yet received anything in writing. If an offer that has been accepted is then withdrawn, your employer has 'breached' the contract
I may also be wrong here, so wait for a second opinion
It might we worthwhile doing a search about 'Job offer withdrawn' on Google or consult a solicitor

[afkhan]

Hi silent_warrior,

Yes the contract was verbally and mutually accepted between the two parties and they had given me a start date as well. Not only that they had sent me a copy of the contract in email, but i never received the originals because the whole visa issue came in between. When they withdrew the offer, i told him that we have mutually agreed on the contract and the HR guy of the company said that we have a very clear clause in the contract saying that your ability to join the company is only dependent upon your right to work in UK and when that is not met as per the UKBA letter, we have all the right to cancel the contract........Now there's a very thin line here........because i believe i do have the right to work while the application is under process but somehow this letter from UKBA has messed up everything.
I will speak to the solicitor and find out if they can actually withdraw the job offer and what other options do i have.
Thank you for your consideration.

[maheshmsalunke]

i am also in same boat....written a letter to ukba but still nothing has come up .... desperately looking for some solution ...

[silent_warrior]

i am also in same boat....written a letter to ukba but still nothing has come up .... desperately looking for some solution ...

As your employer to call the Employers Helpline (Phone: 0300 123 4699 ) and they would instruct what actions need to be taken. The helpdesk with clearly state to you employer that the applicant continues with his previous visa status eligibility.
Many have had their issues resolved thanks to this helpdesk. Do not Call the UKBA Helpline for this issue, this is a seperate helpline

[silent_warrior]

Hi silent_warrior,

Yes the contract was verbally and mutually accepted between the two parties and they had given me a start date as well. Not only that they had sent me a copy of the contract in email, but i never received the originals because the whole visa issue came in between. When they withdrew the offer, i told him that we have mutually agreed on the contract and the HR guy of the company said that we have a very clear clause in the contract saying that your ability to join the company is only dependent upon your right to work in UK and when that is not met as per the UKBA letter, we have all the right to cancel the contract........Now there's a very thin line here........because i believe i do have the right to work while the application is under process but somehow this letter from UKBA has messed up everything.
I will speak to the solicitor and find out if they can actually withdraw the job offer and what other options do i have.
Thank you for your consideration.

It would be useful if you call the Employers Helpline Phone: 0300 123 4699 and speak to them about this emphasising clearly on the letter from UKBA which does not entitle you to work. You can ask what is the procedure

[Ali_Raza_2244]

Hi Guys,

I would appreciate if you can help me get out of the same mess, My Employment Agency tried to verifiy my Tier 1 Extension Acknowledgement Letter from UKBA Employer Checking Service and today they received the negative response from them same as above means someone from UKBA failed to verify my current status. Now I am in same position which afkhan was.

Similar post I have seen from 2 other members:

angelloveguy
http://www.immigrationboards.com/viewto ... yer++legal

maheshmsalunke
http://www.immigrationboards.com/viewtopic.php?t=104241

Can afkhan , maheshmsalunke, angelloveguy please advise what should I do now to get my employment agency belive that I am entitled to work. I have only tomorrow to provide justification to them.

Did you guys call UKBA or asked your employer to call them please help?

[silent_warrior]

Hello Ali_Raza_2244
Get some legal advice. It would be the best way forward.On second thought why don't you call the Employers helpline and check for yourself? Find out what is the process of verification for an employer. Also I hope the reference number given on the acknowledgement letter is given correctly by UKBA (not that I have heard otherwise). I say this because many times applicants had incorrect bar code sent with their biometric invitation letter. So it may be possible some information is incorrect somewhere. Try to verify this your reference umber by calling UKBA helpline. Check to see if that reference number is valid or is there a mistake (or misprint). The second alternative is the print out of the bank statement or credit card statement which refelcts the fees taken by UKBA for your application.
Also have you received biometric invitation letter?

[WRS]

Hi Ali,

Please read this expreience:

http://www.immigrationboards.com/viewtopic.php?t=94983

It appears that the reference number on the acknowledgement letter is "irrelevant". Have you received the biometric invitation letter? there is a numeric reference number on the biometric letter which is totally different from the reference number on acknowledgement letter. Perhaps that will be useful to enquire UKBA.

Regards,

[Ali_Raza_2244]

Hi silent_warrior and WRS,

Thanks a million for your prompt reply.

I have called UKBA on 03001234699 and they said there can be 3 reasons for this.

1) Application sent after the visa expiry ( False in my case because I send it on 30th April and visa expiry was 8th May.)

2) Decision has already been made (False in my case as still waiting for the Biometrics)

3) " This is an interesting one" The application is not yet updated on their system, means that the reference number is generated by the Finance department in Durham and after that the application is updated on their system so they said the check might have done between this period so it might have come negative.

To find out if the application is on their system or not I have to call that 08706067766 number where they said they cannot update on any progress until 6 months have been passed. Well I tried again and again and finally spoke to one lady who said the application is on the system and Biometrics letter has been dispatched yesterday.

I was about to call my employer asking them to do the check again but
After reading WRS response it seems that Biometrics letter have a different reference number ?

Should I wait for the Biometrics letter which might take another 2 days to come or ask my employer to do the check again using the PBXXX reference number ?

This check takes 5 - 10 working days and all these days I will be out of work as the previous check come as negative.

[WRS]

Hi Ali,

If the letter is dispatched yesterday, then perhaps its better to wait until monday and to provide the Home office reference number on the biometric letter. It is for sure a different number than on the acknowledgement letter.

Regards,

[theflare_007]

Similar thing happened to one of my friend as well.

He was kicked out from the job, as the company contacted UKBA and they replied that they cannot find his case in the system and he is not legally allowed to work..


Later on he contacted the lawyer and they send a letter to UKBA and after a month he got the reply saying that it was their customer services mistake and they said he is legally allowed to work. So for a month he had to live without job in UK, which everyone can understand how hard it is.

I don't get why UKBA have such rubbish and untrained staff. but then i see it everywhere in UK not just in UKBA.

Damn.

[mbnarayn]

My wife has the same issue. Does anyone have a solution?

The UKBA sent the letter below to her employer.

Dear Employer,

I am writing with regard to your request for confirmation of the entitlement to work of:

Name: Applicants Name

This individual has presented themselves as being able to work in the UK on the basis of an outstanding application for leave to remain in the United Kingdom which was made before their previous leave to enter or remain in the United Kingdom ended. Their previous conditions of leave would have allowed them to undertake the work in question.

I have checked our records and cannot confirm that this is the case.

Therefore I cannot confirm that this individual is currently entitled to work in the United Kingdom on the basis of an outstanding application.

Unless your prospective employee is able to provide you with appropriate evidence of their entitlement to work, you will not have a statutory excuse against liability for payment of a civil penalty for employing an illegal migrant worker.

The job applicant should contact the UK Border Agency to confirm their status.

The information provided in this letter is for your records only.

Yours sincerely,