changing my status from student visa to limited leave to remain

[Dee Sa]

I am a single lady here for 10 yrs and I am changing to above, I have always worked never claimed a penny from state, I put my docs in May 09 and apart from a recieved letter have heard no more. On 20/8/09 my employer wll terminate me unless I produce proof of my legality, I am still waiting for return of my passport. I have paid a lawyer �700 so far and he seems to be useless.
Any sensible ideas on how to solve this without me losing my job .
This is on behalf of a friend who does not have internet.

[padanarm]

It is not an easy question and depends on many things.

What is your nationality?
When did you enter the country?
What type of visa did you use to enter the country?
When did you receive a student visa?
What are the restrictons on that student visa?
Are you entitled to work in this country?
Are you eligible to apply for settlement under the points system?
How did you manage to stay in the UK for 10 years with a student visa?

As I understand it, 'limited leave to remain' is meaningless in your case. You cannot convert a student visa into 'indefinite leave to remain' or 'settled status' because you are in this country for a limited period.

[Dee Sa]

many thanks will pass this on tomorrow. I am a Londoner born and bred and my knowledge on immigration is limited but I did promise to try and help.
Dee

[padanarm]

Dee, checkout the UK Border Agency website - it's got all the information your friend needs.

[Dee Sa]

many tks padanarm, we did try the order agency fist but
could not find any section that refered to this particular case, all she really needs at present time is a piece of paper on official notepaper stating she can carry on working, then it doesnt matter how long the agency takes to process her application. All the company is interested in is something official so she can go back to work, they hve suspended her without pay.
If they dismiss her and then the paperwork comes through, can she sue for unfair dismissal and loss of earnings ?

[padanarm]

An employer can be prosecuted if they do not check that someone is entitled to work in the UK. Surely the employer checked your friend's work status before taking her on? Most employers take copies of any documents.

You haven't given your friend's nationality or details of her visa status. Is she a student? Is she on a working visa? When does her current visa expire? What exactly does her visa say?

What exactly did she apply for? Was it settlement using form SET(O)?

From Border Agency website:
"If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided."

[Dee Sa]

she is a student and goes to a geniune local college for a degree in Busiess management and Human Resources, she holds a Trinidad & Tobago passport, we have been to France together so I know th passport is genuine too. She works part time in a care home and the whatever agency inspected 2 yrs ago and she was okay they also noted how long was left of the student visa [ this is all hearsay and I am giving you info that I have been told] it is up on th 20th Aug 2009, thats why in May 2009 she applied to change her type of visa/stay, the Border [?]agency have reminded the employer they need to check she can stay beyond this date.
I dont know what the passport actually says because it is with the Border Agency since May.
hope all this is helpful, she is a single mature lady who resides wth her sister and family.

[padanarm]

So your friend is a commonwealth visa national whose visa runs out in less than three weeks. The employer is entitled to give her notice because she cannot demonstrate her entitlement to work in the UK beyond 20 August.

Your friend needs to get in touch with the UK Border Agency, or whichever solicitor helped with her application ASAP. Otherwise she may no longer be entitled to remain and work in this country.

Other sources of information may be the Immigration Advisory Service (check for your local office) or your local CAB immigration specialist.

Hopefully her case will be resolved within the next couple of weeks.

[Dee Sa]

padanarm many thanks for all your input, I will pass this all on in the morning, she is a good, honest, hardworking person and I hope that things work out for her and she can keep her job.
once again thank you, I will post outcome when i know.
Dee

[filthiestfis]

Dee Sa:
As someone who works for UKBA and deals with applications like yours, I can tell you that postal applications take a few months to process. 3-4 months is the usual but sometimes more if further checks need to be made. So it is normal for UKBA to still have your docs.

You should ring them and tell the officer you speak to about your situation. Alternatively, your employer can check that UKBA have retained your docs until your case can be completed by calling them up.

[Dee Sa]

many many thanks we have tried ringing lots andlots but only ever get an answer machine which is extremly frustrating, any chance you have a number where we could actually speak to someone, or what chance is there of getting an interview at Croydon just so w can get some proof for the employer not to terminate on the 2oth, the poor woman concrned is in a terrible state.
Dee