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Applying set(LR) , had visa refused worked more than 20 hrs

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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haroonh
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Applying set(LR) , had visa refused worked more than 20 hrs

Post by haroonh » Mon Oct 13, 2014 11:22 pm

Hi,
Its a query about one of my friends, he had his visa refused because of working more than 20 hrs and got sorted then. now he is applying for his Long residence. does he have to answer yes to the question which asks about ' have you worked Illegally in the UK during your stay ' and provide the reference number or detatil about the case or what shall he do.
I request moderators to kindly give us suggestion please on what will be the best option be for above and i really appreciate all your help in this matter. Thanks

Obie
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Ireland

Re: Applying set(LR) , had visa refused worked more than 20

Post by Obie » Mon Oct 13, 2014 11:40 pm

He may need professional assistance in that matter, not the kind of thing that can be addressed on a forum.

There are legal questions.

Did he breach the conditions of his visa?

Was he residing lawfully as a result of the breach?

Did he work illegally or breach the immigration law?

These are all case sensitive questions which cannot be addressed on the forum or answered with a yes or no.
Smooth seas do not make skilful sailors

haroonh
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Posts: 12
Joined: Sun Dec 05, 2010 9:11 pm
Location: SLOUGH

Re: Applying set(LR) , had visa refused worked more than 20

Post by haroonh » Tue Oct 14, 2014 1:21 am

Thanks for replying

Yes he did breach the condition on the visa.
he was on student visa and worked an extra hour during the employment,
but he stayed legally in the uk and the matter was resolved via court appealing and doing the new application and he's got student visa extensions as well as psw after that as well with no problems.

kindly if you are able to suggest something about it what he needs to write in the application. and i would request other senior members of the forum to reply please.
Thanks

Malik44
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Joined: Fri Jul 13, 2012 2:25 am

Re: Applying set(LR) , had visa refused worked more than 20

Post by Malik44 » Tue Oct 14, 2014 1:43 am

I believe if his matter resolved via court appealing than there should not be any issue in ILR application and no need to declare it on application form as well because he has judgement in his favour which means he did not breach any immigration law.
and answer for this statement Did he work illegally or breach the immigration law ''NO''
seniors correct me if I am wrong.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Applying set(LR) , had visa refused worked more than 20

Post by Obie » Tue Oct 14, 2014 1:47 am

It appears he succeeded in the curtailment decision as the breach was not severe, but he had to make another application.

The tribunal must have concluded that there was a breach or else he would not have needed to make a new application.
Smooth seas do not make skilful sailors

haroonh
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Posts: 12
Joined: Sun Dec 05, 2010 9:11 pm
Location: SLOUGH

Re: Applying set(LR) , had visa refused worked more than 20

Post by haroonh » Wed Oct 15, 2014 6:30 am

on his previous visa extension applications, he has been answering the question as yes and giving the reference of his application for the case worker to check, which was accepted after the refusal.
should he do the same,
can senior members please advice on that.

Thanks

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