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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My wife (from Mauritiius) completed her 2 years probation on

Resolved Question:

My wife (from Mauritiius) completed her 2 years probation on her uk marriage visa, and as such has just apllied to have her visa extended on a permanent basis.
I understand she still has the right to remain in the uk until a decision is made on her visa. Despite this her employer has suspended her without pay. Given that the waiting time for the visa could be 6 months, what avenues of redress are there against the employer? Are there any obligations of disclosure on my wife in relation to the employer?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.

Hi,

 

Thanks for your question.

 

You are correct in stating that whilst your wife's application is pending, she has the right to remain in the UK on the same basis as her most recent Visa.

 

You could seek redress against the emplpyer through an employment tribunal for being treated unfailrly or for unfair dismaissal.

 

With regard to disclosure, what exactly do you mean?

 

many thanks,

Customer: replied 4 years ago.
Is it upon my wife to prove to her employer that she has a right to work in the uk, with correspondance from the home office?

Will she be able to lawfully claim any income lost during the debate?
Expert:  INC replied 4 years ago.

Hi,

 

Yes it is.

 

Click on the following link from guidance from the Home Office:

 

http://www.ukba.homeoffice.gov.uk/ukresidency/extendingyourstay/applicationtype/

 

I hope this answers your question. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind ergards,

Customer: replied 4 years ago.
Thankyou,

Specifically my wife works at an airport and the airport authorities will not permit her to work until she has proved her position with valid documentation. Unfortunately this is a long process and could takes month to recieve any such documentation. Would her employer be obliged to continue paying her during this period or would they be able to suspend her without pay?
Expert:  INC replied 4 years ago.

Hi,

 

They would be able to suspend her, however, I suggest that she raises a grievance with the employer. If they do not adequately deal with her grievance, she will have to refer the matter to an employment tribunal.

 

I hope this helps. If so, kindly click accept.

 

Kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 4 other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
useful tool
Expert:  INC replied 4 years ago.
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