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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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Further to my first question about my husbands status in the

Resolved Question:

Further to my first question about my husband's status in the uk pending the result of his application for leave to remain, he has had a letter from his employers telling him that they are suspending him with pay whilst they investigate into whether he has an on-going entitlement to work in the UK. They go on to say that in the event they do not receive a reply from the UKBA within a resonable period of time, they will invite him to a meeting to discuss his employment. He will then have a chance to comment on the situation before a decision is made by them. From what you have advised, his status still remains the same until the result of the application is known and therefore they are wrong to suspend him at all. What would you advise now, to go an see a Solicitor who deals with employment law or an immigration lawyer, as I understand the result of his application can take several months. Surely there must be thousands of people waiting for their leave to remain visa, and surely they cant all be suspended from work. Please help as it is a very worrying situation. Thank you so much. Joanne Peters
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
Has he made a formal complaint? As I told you the law is quite clear and he should write to them pointing this out and saying that they are in breach of contact by suspending him without cause. Why did they suspend him at all who suggested he was unable to work? By all means get a solicitor but your husband should write saying that he is quite entitled to work under the immigration act and he should not have been suspended. Does he have an acknowledgement of his application yet from UKBA that he can produce as evidence?

It is correct that his applicant could take a while but if they dismiss him or anything like that he can appeal and seek reinstatement. At least he is suspended on pay.
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