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Job offer revoked as job required being British

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  • Experience Job offer revoked as job required being British

    Hello everyone.

    I thought I'll start a post to explain my journey to citizenship as I experience it.

    Situation: French national. First came in the UK in 1997. I obtained 2 degrees from a British university. Worked in Germany after graduation and got married to a British national in Germany. Moved back to the UK in 2010.

    What triggered to start this journey now ?
    I got refused a job (after receiving the contract) because I did not have a British passport (They knew that since the beginning).

    What path will the journey take?
    I have done some research on facebook and on this forum and learnt that I could not applied to citizenship without having PR, SS or ILR. After further research it appeared that the quickest way to get to this milestone was SS.


    Start of the Journey: Friday 21st of June 2019
    I downloaded the app on an Android phone and followed all the instructions. I had no technical issue and after submitting the information, I got a message saying that I have been "found" and I should know within 4 working days.

    This morning I got an email stating I have been successful and to check online. (see Photo 1)

    I have then noticed that I could share this information with a potential employer to prove my right to work. I thought this was good.
    I have used their link to see what information is being sent. To my surprise the photo I had to take with the app is also being sent. I can understand that allows a potential employer to check that it is the same person he or she interviewed. Where I am disappointed is that the app does not mention how the photo is going to be used apart of checking it is you against your passport. If I had known this photo was going to be given to potential employer I would have made myself looked more professional. In other words, I would not be putting this photo on my linkedin profile.
    I rang the home office and they told me currently the photo cannot be changed.
    I have also noticed that in the info sent to a potential employer it is says "They can work in any job" (see screenshot 2). I have asked the home office what it meant and he said that I can work in any job. I have explained that I was refused a job last week because I did not have a British passport. He said that the companies decide. I told him that surely it cannot be true otherwise there will be many discriminations and if a company can do such a thing then it had to be an exception given by law. I told him the company I was referring to was a defence company. He just said that I should seek professional advice. I told him that the statement "They can work in any job" is misleading and that they should improve to avoid big misunderstanding between people. Clearly the SS does not grant access to any job in the UK. Some required to be a British citizens and sometimes be a British citizen for so many years.


    Apart of this, I can say that the SS process has been very smooth for me and I will now move to the next step of AN. I believe that is what I now need to do.
    I have also started to practice the Life in the UK test over the weekend
    Life in the UK Test 2021 - Free Practice Questions - Realistic Tests

    I have no idea how good this website is to practice. Any suggestions welcome. (I will also purchase the book of course)

    As I am going along with my journey and sharing "live" my experience, please do not hesitate to tell me if I am going the wrong route and I hope this experience will help others.

    I am curious to know what activities I could run in parallel in order to speed the process up (eg collecting evidence, practising for the Life in the UK test, when to apply for it etc....)

    I will update this post at the next step.


    Summary:
    21/06/19 SS application submitted
    24/06/19 SS granted


  • #2
    Originally posted by NacNac View Post
    Hello everyone.

    I thought I'll start a post to explain my journey to citizenship as I experience it.

    Situation: French national. First came in the UK in 1997. I obtained 2 degrees from a British university. Worked in Germany after graduation and got married to a British national in Germany. Moved back to the UK in 2010.

    What triggered to start this journey now ?
    I got refused a job (after receiving the contract) because I did not have a British passport (They knew that since the beginning).
    What sort of job was that? In most cases, it would be illegal to discriminate against someone on these basis, but, as with everything, there are a few exceptions, where employees have to be British nationals, MI5 comes to mind...

    Originally posted by NacNac View Post

    I have then noticed that I could share this information with a potential employer to prove my right to work. I thought this was good.
    I have used their link to see what information is being sent. To my surprise the photo I had to take with the app is also being sent. I can understand that allows a potential employer to check that it is the same person he or she interviewed. Where I am disappointed is that the app does not mention how the photo is going to be used apart of checking it is you against your passport. If I had known this photo was going to be given to potential employer I would have made myself looked more professional. In other words, I would not be putting this photo on my linkedin profile.
    The purpose of this photo would be for ID purposes and you seem to have already identified this. This is no different from your passport picture, as, under current rules, you would be required to provide a copy of your passport to a prospective employer, so they would get to see your passport photo, and these photos are hardly ever the best.

    Bear in mind checking for right to work is not the initial step but the final one, employers should only check once they have made you an offer. I am aware this isn't always the case and some recruiters have insisted in seeing a copy of the passport just to register with them, while employers who hire a number of people at the same time (such as retailers, supermarkets, etc.) often want people to submit their documents when they apply or at the time of the interview, this is for the purpose of saving time.

    Also bear in mind an EU passport or ID card is all that's needed to satisfy the right to work requirement until the end of 2020, employers have no right to ask for status under the settlement scheme till Jan 2021.

    Originally posted by NacNac View Post

    I rang the home office and they told me currently the photo cannot be changed.
    I have also noticed that in the info sent to a potential employer it is says "They can work in any job" (see screenshot 2). I have asked the home office what it meant and he said that I can work in any job. I have explained that I was refused a job last week because I did not have a British passport. He said that the companies decide.
    This is not strictly true, as above, in most cases, this would be illegal, companies can't just "decide" to discriminate, unless there are valid reasons.

    Originally posted by NacNac View Post
    I told him that surely it cannot be true otherwise there will be many discriminations and if a company can do such a thing then it had to be an exception given by law. I told him the company I was referring to was a defence company. He just said that I should seek professional advice. I told him that the statement "They can work in any job" is misleading and that they should improve to avoid big misunderstanding between people. Clearly the SS does not grant access to any job in the UK. Some required to be a British citizens and sometimes be a British citizen for so many years.
    I can't comment on the specific circumstances not knowing what company it is nor what job, the mention of "defence" may be a clue as to why they may require a British national to do the job. But this would be the exception rather than the norm, SS DOES grant access to any job in the UK in the same way as having the right to work here in general, whether by being an EEA national, a family member, a non EEA national with ILR, etc. The jobs that require British citizenship are a tiny minority and it would be illegal for an employer to discriminate on those grounds. If the revocation of that job offer on the grounds of not being British was unlawful, you could have a case for discrimination.



    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      NacNac Have split this part of your experience onto the employment section, as this is totally separate from your citizenship application.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Originally posted by Site Admin View Post
        NacNac Have split this part of your experience onto the employment section, as this is totally separate from your citizenship application.
        Thanks Site Admin

        The reason for mentioning it was that the SS online page says that "I can work for any job".
        It is either true and therefore I can work for any job including those in defence. Or the statement is wrong because certain jobs in defence require to be British.
        I personally believe that the Home Office should rephrase it as I knew before applying to SS that certain jobs require a British passport.

        Best regards

        Comment


        • #5
          Originally posted by NacNac View Post

          Thanks Site Admin

          The reason for mentioning it was that the SS online page says that "I can work for any job".
          I'm aware of that, but see my comments above.

          Originally posted by NacNac View Post
          It is either true and therefore I can work for any job including those in defence. Or the statement is wrong because certain jobs in defence require to be British.
          I personally believe that the Home Office should rephrase it as I knew before applying to SS that certain jobs require a British passport.

          Best regards
          The statement is true in the context of any job that simply requires the right to work in the UK, which is what it refers to. If I wanted to split hairs, I could say settled status does not allow you to, say, practise as a doctor, accountant or lawyer, since those jobs require specific qualifications, just like others require security clearance, etc. As a former City worker, I know that you can't work in financial services if you have as much as one default on your credit record, even if the job is a support role, it's a short-term contract and you'd be working through an agency rather than being employed by the company!

          So that's obviously a blanket statement, however, of more concern is whether the job you applied for should be restricted to British nationals or otherwise.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment

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