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Yeah, it's a mess isn't it? Problem is we're piggy-backing on a system that isn't now designed for our rules as written.
Got an on-going ticket in with AS (submitted last September) with no clear answer yet. Last suggestion from them was if they had anything else except View My Immigration Status with an expiry date on (which, of course, the whole move to digital checking means they probably don't...)...
A real mess!
I eneded up calling the immigration help line as spoke with the DAS people, they couldn't answer the question, then decided to come back to me a few days later answering a different question and close the case (that their status should allow them to start an apprenticeship, but not what evidence we can show that demonstrates the length of time remaining). Then I heard back after I reopened it, that we should speak with someone at the home office.
After sitting on hold, the home office were surprised to be referred to regarding this matter, however they did shed some light.
Right to work checks that don't have an end date, indicate that the learner is currently applying for or changing their work visa but have been granted right to work. The reason it asks to check again in six months, is that the visa may be granted however the employer must check every six months. So if there is no end date, we need to instruct learners to come back to us when their visa application is finished. Not sure what's changed that's meant we've had several applications in the last month that have had this issue. Unfortunately it means we'll be asking the learners to come back when they have further evidence of a visa end date, which will hopefully be when they're application is finished.
Just an update on this, one of the learners who didn't have a date on their evisa actually had a piece of paper saying they had two years on their visa, so didn't quite match what the home office said. It looked real, however as we're not experts in the residency processes it's really hard for us to understand if it's legitmate. Especially as the evisa system specifically says not to accept any other form of evidence. It's made our IAG people really uncomfortable as there's no clear guidance to ask people for evidence.
Was releived to see the esfa update today to say they're looking into it. Fingers crossed we hear back something soon.
Sam Bern
VISA Right to work
Created
We've had a couple of issues this week where learners have shown us their right to work document, previously this had the date that their visa expired. However as of this week it only states that it will be valid for the next six months and to check again at that point.
In line with the funding rules we need to see something that demonstrates that they have the duration left on the work visa. However the learner doesn't seem to have anything else that has the duration of their work visa outside of the right to work scheme. Has anyone else encountered this?