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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11814
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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i have a work permit visa and i was made redundant. i was 4

Customer Question

i have a work permit visa and i was made redundant. i was 4 months pregnant,when made redundant. so i decided to start my maternity leave immediately, since no employer was ready to offer me a full time job. i'm entitled to i year maternity leave. my employer wrote to the home office that i'm no longer working for them. i got a letter from the office that i should send in my passport within the next 14days. pls advise me, what should i do?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  INC replied 6 years ago.

Hi,

 

Thanks for your question.

 

What type of Visa did you have?

 

Many thanks,

Customer: replied 6 years ago.
I have the old work permit visa. Mine is not point based
Expert:  INC replied 6 years ago.

What date was it valid from until?

 

Many thanks,

Customer: replied 6 years ago.
It's valid until 2013 feb
Expert:  INC replied 6 years ago.

Hi,

 

I am afraid that it seems that there is little you will be able to do other than send your passport to the UKBA. From the information provided above, it seems you do not meet the requirements of the rules and thus it is likely that your visa will be cancelled.

 

 

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

 

Kind regards,

Customer: replied 6 years ago.
I do not accept the answer. What are the requirements?. I know i'm entitled to i year maternity leave.
Expert:  INC replied 6 years ago.

Hi,

 

I am not saying you are not entitled to maternity leave, I am saying that is the view the UKBA are likely to take.

 

If your employer has informed the UKBA that you are no longer under a contract of employment, the likelihood is that the UKBA will cancel your existing visa.

 

If you are in dispute with your employer, the first thing you need to do is raise a grievance through your employers human resources department. The next thing you need to do is inform the UKBA of the situation between you and your employer.

 

If they still require your passport, I am afraid there is little you will be able to do.

 

The alternative is that you seek alternative employment with an employer that has a UKBA Sponsor License.

 

Unfortunately, the dispute you have with your employer is of no concern to the UKBA who generally apply the rules fairly strictly.

 

The rules state that you must inform any change in circumstance to the UKBA. As a result, and from the information you have provided above, it seems your employer, for some reason or another, has decided to terminate your employment as opposed to grant you maternity leave. This is obviously wrong.

 

I would suggest you first contact ACAS. You will be able to find their details on google. Once you have done this, you should instruct a Immigration Lawyer to contact the UKBA on your behalf.

 

 

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

 

Kind regards,

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