Help me fight Home Office Injustice
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My name is Hamza Idris and I am 24 years old. The UK has been my home since I was 17 after I moved here on the 8th of September 2011 from Nigeria. I attended Henley College for my foundation in Engineering and went on to study a BEng. at the University of Birmingham in Computer Systems Engineering with Business Management. Following graduation, I studied and graduated with an MSc. From the University of Manchester in Engineering Project Management. I applied for and got a position with Carillion on their graduate scheme, a job I really wanted and enjoyed. 1 year and 8 months on, I have found myself prevented from doing my job due to the collapse of Carillion, and the failure of the Home Office to consider my case fairly and justly.
So what's the problem? The Home Office has refused to let me transfer to the new company with my colleagues although I am doing the exact same job, with the same terms and conditions as I was on previously.
On Monday 15th January, Carillion filed for compulsory liquidation. This meant that all employees were at risk of losing their jobs. However, because I worked in the part of Carillion that dealt with services (delivering facilities management services to clients), we (my colleagues and I) were advised to continue to come to work and will be paid for the work we did. After a few weeks of talks, we were informed that we were going to transfer to a new company on the 1st of February 2018. The day came, and nothing for us as staff changed except the Logo.
I worked with the new company for a month and on the 1st of March, I was pulled into an office and informed I could no longer continue my work as the Home Office would not accept a transfer application. I had my pass, laptop and work phone taken from me and was not permitted to return. The new company promised to support me through the process (and they have), submitted an application to take over my sponsorship, and has since kept my position open until we get a definitive response. As a result of this issue, I have been prevented from doing my job since March 1st, depleted my savings on rent and bills, and have had to move from London to Birmingham to live with friends. I have left my life, my Church, my friends, and my worship group behind in London, creating more of a traumatic experience.
When do I have till? Saturday 16th June 2018.
On April 17th, I received a curtailment letter from the Home Office stating I had 2 months to leave the country or make a new application. The Home Office made no mention of my transfer application.
I decided to get my local MP involved and he got this response from the home office; "The team informed that as Carillion no longer exists, then TUPE does not apply as the company has gone into liquidation. They, therefore, cannot transfer Mr Idris because they are no longer trading. Mr Idris will need to apply under Tier 2 for a new Tier 2 visa with a licensed sponsor, if they have a Tier 2 license. TUPE would have applied prior to the liquidation, but as the company no longer exists this cannot be done. The Home Office has no discretion as both companies have to be licensed and fully active and unfortunately Carillion is not."
This is true but even as of today (6th May 2018) Carillion is still on the sponsor register with a Tier 2 (A rating), and I cannot make a new application because that will mean reapplying for a position I held.
I believe this can be resolved by the Home Office looking at my case with compassion and fairness. I did not contribute to the collapse of Carillion but I sure am paying the cost.
All I want is my job and life back here in the UK. Please help me by donating. The money goes towards legal advice costs, and whatever is left over will be given directly to a children's charity I support.
How else can you help? You could send a letter to your MP demanding this case be given attention and the positive response it deserves. Please click HERE to find out who your MP is; and HERE to download a letter template or feel free to create your own.
I also have a Change.org petition page, please sign and share.
Thank you.
So what's the problem? The Home Office has refused to let me transfer to the new company with my colleagues although I am doing the exact same job, with the same terms and conditions as I was on previously.
On Monday 15th January, Carillion filed for compulsory liquidation. This meant that all employees were at risk of losing their jobs. However, because I worked in the part of Carillion that dealt with services (delivering facilities management services to clients), we (my colleagues and I) were advised to continue to come to work and will be paid for the work we did. After a few weeks of talks, we were informed that we were going to transfer to a new company on the 1st of February 2018. The day came, and nothing for us as staff changed except the Logo.
I worked with the new company for a month and on the 1st of March, I was pulled into an office and informed I could no longer continue my work as the Home Office would not accept a transfer application. I had my pass, laptop and work phone taken from me and was not permitted to return. The new company promised to support me through the process (and they have), submitted an application to take over my sponsorship, and has since kept my position open until we get a definitive response. As a result of this issue, I have been prevented from doing my job since March 1st, depleted my savings on rent and bills, and have had to move from London to Birmingham to live with friends. I have left my life, my Church, my friends, and my worship group behind in London, creating more of a traumatic experience.
When do I have till? Saturday 16th June 2018.
On April 17th, I received a curtailment letter from the Home Office stating I had 2 months to leave the country or make a new application. The Home Office made no mention of my transfer application.
I decided to get my local MP involved and he got this response from the home office; "The team informed that as Carillion no longer exists, then TUPE does not apply as the company has gone into liquidation. They, therefore, cannot transfer Mr Idris because they are no longer trading. Mr Idris will need to apply under Tier 2 for a new Tier 2 visa with a licensed sponsor, if they have a Tier 2 license. TUPE would have applied prior to the liquidation, but as the company no longer exists this cannot be done. The Home Office has no discretion as both companies have to be licensed and fully active and unfortunately Carillion is not."
This is true but even as of today (6th May 2018) Carillion is still on the sponsor register with a Tier 2 (A rating), and I cannot make a new application because that will mean reapplying for a position I held.
I believe this can be resolved by the Home Office looking at my case with compassion and fairness. I did not contribute to the collapse of Carillion but I sure am paying the cost.
All I want is my job and life back here in the UK. Please help me by donating. The money goes towards legal advice costs, and whatever is left over will be given directly to a children's charity I support.
How else can you help? You could send a letter to your MP demanding this case be given attention and the positive response it deserves. Please click HERE to find out who your MP is; and HERE to download a letter template or feel free to create your own.
I also have a Change.org petition page, please sign and share.
Thank you.
Organizer
Hamza Idris
Organizer
England