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IA Solicitors
IA Solicitors, Solicitor
Category: Immigration Law
Satisfied Customers: 1874
Experience:  Principal at IA Solicitors
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I have British Right of abode as I was born in new zealand

Customer Question

I have British Right of abode as I was born in new zealand and both parents are British passport holders and my mother was born in the uk.
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: My passport expired with my RoA certificate in it. I use the old passport as well as an in date passport to show boarder agency when I travel in and out of the UK.
Assistant: Have you talked to a lawyer about this?
Customer: I am 46 and have worked for approx 24 of those in the UK.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I took a new job and after 3 days I was told to leave as I couldn't prove my Right to Work. I have also been denied benefits because of the same reason. I have not lost my right but have lost the proof of my right to Work.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I changed jobs and after 3 days I was told to leave as I do not have the right to work in the UK. I have asked twice for monies owing and both times I was refused until I can produce an in date passport with a RoA certificate in it. I contacted ACAS and they spoke to the employer and he eventually agreed to pay my wages but only if it is a settlement and I sign to say I won't take this matter to a tribunal. The amount offered to be paid was the hours I worked. I said no, I want to be paid my wages as wages as I have done nothing wrong.
I have also been rejected benefits from the job centre for the same reason. My rights have always been here, I just lost the proof...
Yesterday I received my new passport back from the home office.
Customer: replied 1 year ago.
I want to know if I can claim from both my employer as well as the job centre as I feel I have been very unfairly treated. I have two children who are duel citizens and they have been penalised as no benefit payments meant I was unable to pay for my son to get the bus to college.
Expert:  IA Solicitors replied 1 year ago.

How long is the time period that you want to claim from your employer?

how long benefits you want to claim?

Expert:  IA Solicitors replied 1 year ago.

how much is total money from employer and how much is from benefits in dispute that you want to claim?

Customer: replied 1 year ago.
I have received my passport back yesterday and can now claim the wages and benefits as now have proof of my Right of Abode.
I want to know if I have any claim I can make for discrimination that I feel i have been through or at the very least loss of earnings?
Expert:  IA Solicitors replied 1 year ago.

You did not provide evidence of your right to work, this is not their mistake. You can claim from the date when you will provide your passport.

If you have worked then you can claim wages of your previous time and if you did not work then you cannot claim wages.

You can claim back dated benefits for 1 month only.

i hope it will help you.

please you give 5 star to encourage me to help people

Customer: replied 1 year ago.
No this wasn't of very much help at all.
I am disappointed that people can get away with holding back my wages for 8 weeks !!
And that i have no case for discrimination all because I had lost the ability to "proove" my right to live and work in the UK and never "lost" my right.
Expert:  IA Solicitors replied 1 year ago.

How many days you worked in these 8 weeks?

Did you do any ckmplaint yet?

What evidence do you have in your favour if you go for discrimination.

Customer: replied 1 year ago.
I worked 3 days between 10th and 12th August. I was told to leave work until my passport was renewed and certificate of RoA inside it.
I emailed twice asking for payment for hours worked and twice i was emailed back to say I am here and have been working the last 5+ years illegally !! They refused to pay me any monies owed until I can show them my new passport.
I see that as cruelty to hold back someone's hard earned money. They still said no when I told them I had no way of getting my son to college!
I also went to ACAS and they spoke to the owner who admitted he hasn't made any phone calls to HMRC or home office or the local MPs office who were happy to confirm my status over the phone as they had spoken direct to the home office about me.
I feel very much that I have been discrimated against.
Customer: replied 1 year ago.
I don't want a phone call as can't afford to pay the fee...
Expert:  IA Solicitors replied 1 year ago.

Don't bother to call.

Did ACAS issued you certificate to go to employment tribunal?

For employment tribunal, you must have 2 years employment but if there is assessment or discrimination then this rule will not apply to you and you can go to employment tribunal for court proceedings.

I hope it will help you.

Customer: replied 1 year ago.
No ACAS haven't sent me any forms. They told me I needed to work there for 2 years. I have started the first steps with ACAS. Jamacia Inn want to pay my wages as a settlement and make me sign to say I won't take matters further. They have only offered to pay my wages and no more. I refused to sign as I feel even more discrimated against by that. They are making and made me feel very isolated alone and helpless. I am going to my doctors for help as I am suffering depression and anxiety
Expert:  IA Solicitors replied 1 year ago.

Did you explain about discrimination because 2 years requirement is exempt in case of discrimination? Then they can issue you certificate that you need in employment tribunal. If they are ready to pay your wages then what extra you are expecting frkm your employer?

Customer: replied 1 year ago.
I want to know if I have a case to take them to a tribunal for discriminating against me by withholding my wages for 8 weeks
Expert:  IA Solicitors replied 1 year ago.

Why do you think they did discrimination with you?

What evidence do you have for discrimination?

Customer: replied 1 year ago.
I am a British commonwealth citizen and have always been legally allowed to live and work I the .uk.
I had lost my proof of that, that is all.
Jamacia Inn didn't take my advice to call hmrc or home office or MPs office to get confirmation I have a work history in the UK. There was no comment sense used on their part. To withhold my wages and treat me as an illegal immigrant I feel was discrimination. They made no attempt to try and help get this matter sorted. It wasn't until ACAS phoned them did they admit maybe theybshould pay me. I have two emails from them accusing me of working illegally for over years which frankly I see as not only discrimination but slanderous as I have NOT been here living or working illegally at all in my 20+ years of living and working in this country.
Expert:  IA Solicitors replied 1 year ago.

You can tell this whole information to employment tribunal but you need to get certificate from ACAS because court will ask for this certificate. You can call them to get certificate to start court proceedings.

Customer: replied 1 year ago.
back to my original question...
Do I have a case if I take it to a tribunal? Or will it just be s complete waste of everyone's time?
Expert:  IA Solicitors replied 1 year ago.

If you will prove successfully that they did discrimination in your case then you can be compensated. But you are responsible for the burden of proof. If you are unable to prove discrimination or harassment then 2 years rule will apply to you and your claim would be dismissed.

I hope it will help you.

Please give positive rating

Customer: replied 1 year ago.
Not really as it feels like another brick wall to bang my head against. I have just emailed ACAS for an update on my wages to get an email to say the guy is on holiday until the 13th.... typical...Thank you for you time, I'm not holding out much hope. The sooner I can get employment the sooner i can leave this country for good and return to nz with my two children.
I have been married to a British citizen for over 20 years (separated now) and still I get treated badly. Yes my fault for not renewing my RoA but Home Office fault too for informing me I can travel with it as they see me as a British citizen.
Expert:  IA Solicitors replied 1 year ago.

I do have sympathy with you but if any British citizen does not provide original passport then they may treat badly same as you.

Customer: replied 1 year ago.
That's not the case with me. My partner also worked for jamacia inn and he is British and they accepted his passport which was over a year out of date! He wasn't asked to leave or provide a birth certificate so how is that fair?
Expert:  IA Solicitors replied 1 year ago.

But he did ptovide original passport even expired, they could find it out that there was not any visa problem even with expired passport. This is their discretion to accept or not. They have list of documents provided by home office that could be accepted as permission to right to work.