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Topic: Proof of Pending Application - followup question  (Read 2412 times)

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Proof of Pending Application - followup question
« on: April 08, 2009, 12:13:14 PM »
So, I posted before about my situation, so sorry to repeat (i didn't know if I should put it on the end of my old one or not, I don't use message boards much): we came to the UK on my husband’s work permit (my son and I are his work permit dependents). Our Tier 1/Tier 1 Dependent Applications were received on March 27th and our visas ran out March 31st.  I was told that I am still allowed to work under my old arrangements while the UKBA considers my application. I don’t have a letter yet (though Chris of Medivisas told me sometimes they don’t even send one).  My umbrella company will not renew my contract until they have proof that I am allowed to work and I don’t know what to do.  Chris of Medivisas (who was so rude on the phone to me, I almost wanted to cry) to me that there is nothing I can do and if I call the UKBA, they might withdraw my application and that it is taking 8 to 9 weeks to process applications and I can’t ask about my application until it has been over 14 weeks.  I was assured that it didn’t matter if I waited until the 27th even though it was close to my visa running out (my husband had a conference in Las Vegas that he was presenting at) and now I just don’t know what to do.  I am scared to call the UKBA, but I am worried I won’t get a letter and will have to wait months before getting paid.  I found this number on the UKBA website, do you guys know if my umbrella company can call it?  Chris said it wouldn’t work, but it sounds like it might:


telephone helpline 0300 123 4699
This is from the UKBA website (http://www.ukba.homeoffice.gov.uk/contact/contactspage/?item=137223 [nofollow] ):

'a service to employers/sponsors who want to verify the entitlement to work for people who are currently awaiting the outcome of an application made to the Home Office'


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Re: Proof of Pending Application - followup question
« Reply #1 on: April 08, 2009, 12:18:54 PM »
Hi

I have just sent an e-mail about this, but I am happy to repeat the advice here, and I am sorry about earlier.

That is the helpline, but the employer is the only one who can contact them, and sometimes they take a while to get back. 

It is true that you can't ask about your application until it has been outstanding for 14 weeks, but your employers can ask (weird, huh?).  I don't think Chris said that if you call UKBA they would withdraw your application, but if you ask for your passport back then they will withdraw it (which is where I think the confusion has arisen).

If your employer call that number then they will be sent a form which they have to fax back to get the info on your status.

Vicky


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Re: Proof of Pending Application - followup question
« Reply #2 on: April 08, 2009, 12:36:54 PM »


Is there any harm in doing the employer helpline thing, should I wait for the letter in the mail as it sounds like I am not getting paid any time soon either way?

[Chris did say that (I wouldn't need my passport back for this purpose)] 


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Re: Proof of Pending Application - followup question
« Reply #3 on: April 08, 2009, 12:38:17 PM »
There is no harm at all in doing the employer helpline thing, none at all.

I hope they are not withholding money for work already done....


Vicky


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Re: Proof of Pending Application - followup question
« Reply #4 on: April 08, 2009, 03:07:05 PM »
Thanks Vicky.  I appreciate your help/reassurance!

Yes, they are withholding my pay for last week and will continue to do so until this is sorted out.  Hopefully it won't take too long and won't be a problem to get the back pay once it is sorted out.  I will keep you posted.  Thanks again.



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Re: Proof of Pending Application - followup question
« Reply #5 on: April 08, 2009, 03:18:35 PM »
Woh!  Withholding your pay!  Illegal.  Totally.


Vicky


Re: Proof of Pending Application - followup question
« Reply #6 on: April 08, 2009, 05:59:12 PM »
Chris of Medivisas (who was so rude on the phone to me, I almost wanted to cry) to me that there is

If Chris was rude, he should be SPANKED.  I have him down as a fine, personable lad who has been doing immigration for a long time.  Sorry that you had difficulty.


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Re: Proof of Pending Application - followup question
« Reply #7 on: April 08, 2009, 07:29:41 PM »
I know, he was always very nice to me before so I was surprised to be treated that way.  It wasn't a good day for me to get reamed out since I am feeling nervous about this whole 'no pay check for an unknown amount of time' issue.  Oh well, I will let it go.

I sent Parasol the details of the employer helpline and am hoping the letter comes in the mail soon.  This is what the Parasol wrote to me:

Please be advised that according to the information provided by you at the point of registration, your work permit/visa has expired.

As a result of this we are not able to pay you and your account has been locked.

In order to reverse this action it is imperative that you provide us with a certified copy of your current work permit/visa as a matter of urgency.


They are not letting me add timesheets so I am not sure if it would qualify as withholding pay in terms of legality since it goes through a few sources - I have timesheets with BBT(the recruitment agency) and then I do timesheets with Parasol so I gave my timesheet to BBT to charge Hyder (the firm I work for) for last week, but can't put new timesheets on Parasol's website. 


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Re: Proof of Pending Application - followup question
« Reply #8 on: April 08, 2009, 09:45:38 PM »
If Chris was rude, he should be SPANKED.  I have him down as a fine, personable lad who has been doing immigration for a long time.  Sorry that you had difficulty.

He is, usually.  Bad day, though this is obviously no excuse.  And as a company we will do all we can to rectify this. 

Vicky


Re: Proof of Pending Application - followup question
« Reply #9 on: April 08, 2009, 10:37:06 PM »
He is, usually.  Bad day, though this is obviously no excuse.  And as a company we will do all we can to rectify this. 

Vicky

He's a fine lad.


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Re: Proof of Pending Application - followup question
« Reply #10 on: April 09, 2009, 06:50:29 PM »
We got the letter saying that they have our application.  It only says my husband's name and says in the body of the letter that they received his application and associated dependent applications.  I am not sure if that will satisfy Parasol.  Parasol also called the employer helpline and sent in the form so hopefully one of those things will be good enough.

I want to thank Vicky for her help/kindness, I find this process really stressful since I have a lot riding on it and it is nice to have this board and nice people to turn to for advice. 


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Re: Proof of Pending Application - followup question
« Reply #11 on: April 09, 2009, 07:33:05 PM »
II sent Parasol the details of the employer helpline and am hoping the letter comes in the mail soon. 

I have been a freelance consultant for quite a long time and have heard lots of not-very-nice-things about this particular Umbrella Company.  If I were you I would seriously consider finding a new Umbrella.  Like Vicky said, it is totally wrong for them to withhold pay for work already completed.  A good umbrella will pay you the same day that funds are received....  PM me if you want a recommendation for a great umbrella.

Hope you get this sorted soon!   :)
Not MrsRichUK anymore!  :-)


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