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or 'not in the news' as the case may be.

11 replies

GrumpyOldHorsewoman · 22/07/2010 13:01

Honestly, if this wasn't the Home Office I would think I'd been scammed.

I am currently applying to be a sponsor to employ non-EU citizens as our industry is a recognised shortage occupation industry.
As a responsible citizen and not wishing to contravene any laws I have, at great expense, done everything through the correct channels. I applied initially and paid my £300 application fee. My application was declined because I failed to answer an email they sent me requesting further information. Intensive trawls through my emails showed no email from the Home Office at any time since my application, but you cannot appeal against the decision. You can, however, submit another application (and pay another £300). I did this and, a couple of weeks later, had a surprise visit from a UKBA inspector who interrogated me in my office for two and a half hours. Apparently, I did quite well but a couple of things could be improved, so I was awarded a licence with a B-Rating. This meant that before I could employ anyone I had to pay another £600 for an 'Action Plan' which would bring me up to an A-Rating. If this £600 was not received within 14 days, I would lose my licence. I paid up and on Monday the cheque came out of my account. On Tuesday, I received another email from the Home Office informing me that, due to government targets to reduce immigration, I would not be given any sponsorship certificates.
I have paid £1200 to the Home Office, only to be told that they will now not allow me to employ non-EU citizens, even though they had issued me with a licence. I am short-staffed and have two Indian Nationals ready to start work, but can't now employ them. Ours is a specialist Industry and has government accreditation as a shortage occupation. I am tearing my hair out. My employment advisors have told me their phone is red-hot with complaints from others in the same situation but we are powerless against the government.

OP posts:
StealthPolarBear · 22/07/2010 13:05

thieves!

gingercat12 · 22/07/2010 13:13

Daylight robbery.

PuppyMonkey · 22/07/2010 13:13

That's terrible. Can't you get any of your money back? At least the last cheque that went through - surely they knew about the rule changes then?

GrumpyOldHorsewoman · 22/07/2010 13:30

Nope. You can't even talk to anyone. It's all non-manned emails they contact you through. I have just filled out a begging, pleading form (which you needed a degree in gobbledegook to find on their website) requesting exceptional consideration. I have another member of staff leaving in 2 weeks - what will I do then? It's really hard finding suitably qualified people which is why I needed to employ non-EU citizens in the first place.

OP posts:
StealthPolarBear · 22/07/2010 13:37

do they have a regulator?

Bramshott · 22/07/2010 13:37

The sponsorship licensing thing is a mess at the moment - the organisation I work for was turned down on a raft of technicalities, none of which I'm guessing was the real reason . They are just looking to turn down every application they can until they bring this cap thing in. We did however get our £400 returned when we were turned down . . .

GrumpyOldHorsewoman · 22/07/2010 13:44

Ooh, Bramshott - how did you get that back? I have been told no appeal, no refunds.
(Although hopefully my grovelly form will work and I'll be allowed to employ a couple of people)

OP posts:
Bramshott · 22/07/2010 13:58

It just arrived in the post shortly after we were turned down (2-3 days after IIRC). It may have been different though as it was the Tier 5 Cultural & Sporting category.

I would have thought that at the very least, you should get some (or even better, all!) of your money back if they are not going to let you actually employ anyone!

BigBadMummy · 22/07/2010 14:02

Local MP?

Local paper?

Shocking, truly shocking.

What about moneyclaim online to get the money back saying it has been taken "under false pretences".

That last bit is a bit weak I know but it is the sort of thing my anger would make me investigate!

Longtalljosie · 23/07/2010 07:12

Who's your MP?

NetworkGuy · 23/07/2010 10:14

Get your MP involved.

Considering the sums of money, and the fact they required 600 quid within 14 days, and even then you get nothing, it would be criminal if done by any small or large company.

Certainly appears too 'harsh' if the first application was rejected on not answering a (to you, non-existant) mail message.

If your MP has ever had a single e-mail 'not arrive' they should surely feel for you about the 300 let alone the extra 600 pounds.

I assume the UKBA visitor comes without appointment so there is no chance of 'warning' any illegally employed person (or am I just being overly suspicious - you are, after all, wanting to do things 'right').

However, what if you had not been there ?

No doubt that would have been "your problem" and they would have come back at some unannounced date in the future, oblivious to your actual needs.

I feel for you, and while I can understand (to a small degree) why the UKBA might act in certain ways, it is especially bad that where you are trying to keep your business running and meet certain exacting requirements to be able to employ some non-EU nationals, and the Government has to match public concern for illegal immigrants etc, you're trying to do the right thing while the hurdles put in your way seem to be excessive (why 2 weeks? why did they not send you a reminder e-mail rather than just put your 300 pounds in their coffers and suggest no refund, no appeal?)

The (current) Government may not be entirely responsible for this, so if your MP is in opposition, consider going higher, to the Business and Industry section of the Govt. where someone like Mark Prisk (who has an interest in small business, among other things).

Since the current Government has a commitment to reducing "red tape" and could hardly promote "fleecing" a business in these tough economic times, going down the Business / "economic stimulus" route to highlight the problem may be your best course.

If you closed down (worst case) - how many people would be affected, how many suppliers would be affected, how many customers would be affected. I don't expect those answers, but they are worth using as reasons for 1200 pounds not to be spent "for nothing".

Presumably the UKBA visitor could have gone away and used some computer software to apply appropriate sections to do an "Action Plan" in 2-4 hours. Even at 25 pounds an hour, 100 pounds could cover his/her time without being an exceptional burden on you.

I'd suggest 600 pounds is the sort of figure that is out of the question for a small business to absorb, and to be given only 2 weeks is another degree of unreasonableness, and since they have now done a U-turn, tell the Minister the funds demanded were under false pretences and should be refunded within 14 days!

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