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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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My friend is employed by a Local Authority who recruited her

Customer Question

My friend is employed by a Local Authority who recruited her from the usa. She is a professional and been her for 3yrs. Her visa was due to be renewed , she contact HR and the told her she had 3mths to comply with the information requested. She follow their instruction . She requested and advance on her salary to help pay for the visa, which she was granted. She went on a prepaid (She had saved for months) trip Europe for a week with a group of workers from her office . On the way back she was stopped at customs, after getting the customs officers to ring the office , who confirmed who she was and that she worked for them ,she was allowed in. The same HR officer told her not to worry they will sort it all out. On her return to the office she was taken aside by management ,told she had brought to council in to disrepute and to she had lied about needing an advance if she can afford to go on holiday. She broke down and cried in shock and disbelief of her treatment. As she was already stress about the letter she received from the home office stay she is now an over stayer as her visa application did not arrive on time.
She has been suspended on no pay. She can nolonger pay her landlord and is currently relaying on friends as her family are in the usa. My friend is a Social Worker and has an excellent track record here and in the usa. I am in shock myself that this has happened to her and I and others are trying to keep her in good spirit. I am a realist and try to look at the situation from all angles. My questions are What can she do that will mean she does not have to leave and is not seen as an over stayer? What is the duty of care to her by the LA? What can she do about her treatment and the advice she was given? Will that information make any difference to the home office? Should she leave now ?if so what should she put in place before she leaves so that she can have the best chance of returning in the shortest period of time? She has already been contacted by several Social Work agencies , but she cant work as she is employed by the LA, never the less they are still interested her due to expertise -what can she do? She has had a letter sent to the LA but the have not responded as yet. A concerned friend
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Howard replied 3 years ago.
If she is still sponsored by the LA and a new employer wishes to sponsor her then the new employer can go through the usual process, issue a Certificate of Sponsorship and she can then submit a Tier 2 General change of employment application. She does not need the permission of the LA to do this and her employment does not have to have ceased to change employer.

If her role is in children's and family services then it is considered a shortage occupation and she could easily have permission to work for the new employer and a new visa issued within a couple of weeks.
Expert:  Howard replied 3 years ago.
Hi Angela,

You have viewed the answer that I provided so if you do not have further questions please remember to rate the service that was provided.
Expert:  Howard replied 3 years ago.
Hi Angela,

I have taken the time to provide you with an answer and would therefore appreciate it if you can provide a positive rating of the service that I have provided. I believe your question has been fully answered but if further clarification is required then please feel free to ask.
Expert:  Howard replied 3 years ago.
Angela,

You appear to have forgotten to provide a positive rating. I took the time to provide you with an answer to your question and would appreciate the courtesy of a response.

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