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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 7981
Experience:  English solicitor with over 12 years experience
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I have been working for an organisation for nearly a year. I

Customer Question

Hi
JA: Hi. How can I help?
Customer: I have been working for an organisation for nearly a year. I was holding a definite Leave to remain which have expired on the 1st on June. On the 6th of May the organisation sent me a email to ask if I have applied for another visa, I said yes since the 4th of May but on the first I have been inactive on their system saying they should check with the Home Office first my right to work I provided the proof that I have sent my application on the 4th and the Immigration legislation that said I still have the right to work but I’m still in hold. I know that eventually Home Office will come back to say I have the right to work but denying my right even for 1 hour should not happen! Cause the law it’s clear. What can I do in that case?
JA: 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: i like in the UK, I have Definite leave to remain. It has expired on the 1st of June but I apply for indefinite leave to remain 4 weeks before my definite expire
JA: Have you talked to a lawyer about the visa?
Customer: I don’t need a visa, I just had to apply for indefinite which I did already and it’s in process I did get a lawyer my concern is my right to work at this stage
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that’s everything
Submitted: 14 days ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 14 days ago.

Hello,

I am a solicitor.

Yes, you are protected by S. 3C of the Immigration Act 1971 and your leave to remain continues until your ILR application is decided.

You should ask your employer to look at this Home Office guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953205/3C-3D-leave-v10.0ext.pdf

And your employer may also call the Home Office to verify the above.

May I help further?

Customer: replied 14 days ago.
I have done all of the above but they say they should just proceed to verification and meanwhile I won’t be able to work.
Customer: replied 14 days ago.
When can I do further?
Expert:  UKSolicitorJA replied 14 days ago.

Sorry, I am unable to call.

In that case, you may take legal proceedings against them for wrongfully denying you to work. For that, you may need an employment law specialist to make your claim.

May I help further?

Customer: replied 14 days ago.
Sorry is it possible to cancel my request to call did it accidentally
Customer: replied 14 days ago.
What about if after checking with home office. They get me back to work on Monday, can I still complain for the 5 days that they unable me to work?
Customer: replied 14 days ago.
Also most of the employment specialists said they don’t deal with immigration matters.
Expert:  UKSolicitorJA replied 14 days ago.

They should pay you for the 5 days you were not permitted to work in that case.

You may cancel the call request by contacting customer support.

Customer: replied 14 days ago.
Okay
Customer: replied 14 days ago.
if I take them to Court for unfair decision, do they have the right to fire me or the law protect me ?
Customer: replied 14 days ago.
I’m unable to see the customer service’s number plz?!
Expert:  UKSolicitorJA replied 14 days ago.

The law would protect you if they dismiss you.

https://www.justanswer.co.uk/help/contact-us

All the best

Customer: replied 14 days ago.
Sorry is it possible to speak a little bit more?
Customer: replied 14 days ago.
I means does the law protect a employee who take the employer to the Court without the employer to fire him?!
Expert:  UKSolicitorJA replied 14 days ago.

Yes, the law protects you.

I am about to go offline shortly.

Customer: replied 14 days ago.
if I have further questions what should do? I have been it’s 24hours ?!
Expert:  UKSolicitorJA replied 14 days ago.

Please start a new question. Another colleague will help you with your additional questions.