ILR LR Application

[oni82]

Hi there, I am due for ILR Long residency in July. 7 Years on Tier 4 and 3 Years EEA. I was told by a solicitor that HO will check records to verify whether I breached my Visa terms during my Tier4 period or not. He said that they might access my HMRC account and see if I have exceeded my working hours (20 per week) during the T4 period.

I have worked full time for period 2007-2008 with my IN and I wonder if this can be a cause for my application to be refused? Has anyone else has had similar situation?

Please advice
Thanks

[Casa]

Your solicitor is correct and yes, working in excess of your permitted hours can result in a refusal of ILR. HO now have a very efficient information sharing system with HMRC

[jimtoole]

Have you also checked whether your EEA stay is counted towards your 10 yr route. Working more than 20 hrs in 2007-2008 should not be a problem even if it was you can not go back in time and wipe that off. So its your call.

[CR001]

Have you also checked whether your EEA stay is counted towards your 10 yr route.

Yes, it is counted but the OP will have to submit all the evidence of his EU spouse exercising treaty rights for the time he has spent as EEA Family Member.

[Casa]

Have you also checked whether your EEA stay is counted towards your 10 yr route. Working more than 20 hrs in 2007-2008 should not be a problem even if it was you can not go back in time and wipe that off. So its your call.

Why do feel that the working outside of the permitted hours will be overlooked? This has been a reason for refusal for a number of years and the HO/HMRC checks have become more thorough.

[argus7]

You may be lucky during ILR, But citizenship will be refused straight away breaching immigration laws as being on Tier4

[oni82]

argus7 Why would that be any different for Citizenship? If they find out would that 1 year be counted as illegal?

[Casa]

argus7 Why would that be any different for Citizenship? If they find out would that 1 year be counted as illegal?

Probably. The Rules for 'good character' are tougher for BC.

[oni82]

I wasn't aware that "good character" is defined by these things tbh! Is a bit messed up. However, I have requested my employment history today and see what is gonna come up. Otherwise I will have to wait for PR time

[oni82]

I was told by someone very competent that the checks purpose is not to determine how many hours you worked for, as tax office do not hold that information.

There are checks that are undertaken for Tier 1 migrant who used to hype their earning in order to secure visa, and change it afterwards.

[Casa]

I was told by someone very competent that the checks purpose is not to determine how many hours you worked for, as tax office do not hold that information.

There are checks that are undertaken for Tier 1 migrant who used to hype their earning in order to secure visa, and change it afterwards.

The Tier1-G tax 'discrepancies' are a different issue. You'll be surprised how much information HMRC hold on you and how easily it is to cross-check past employment, through NI number and by contacting previous employers. Apart from the fact that unless you were working well below the minimum hours, your earnings will flag up more than 20 hours per week.
This thread from 2013 may be of interest....
http://www.immigrationboards.com/uk-tie ... 22725.html

[oni82]

Casa, well I worked only for 1 year full time and my salary never exceeded £1080 a month. I get that now working part time. I might as well say I had high hourly rate, the company has been closed since 2008 so there's no way they could trace anything via the ex employer.

[CR001]

Casa, well I worked only for 1 year full time and my salary never exceeded £1080 a month. I get that now working part time. I might as well say I had high hourly rate, the company has been closed since 2008 so there's no way they could trace anything via the ex employer.

Don't be so sure that HO cannot find out, they know more about you than you think. You are deluding yourself if you think you can claim part time hours at an inflated rate. You sign the form as 'true and accurate' and if found out, it is deception levied against you.

Working full time for 1 year on a student visa. What about your studies and attendance??

You will have an issue with citizenship whether you go for ILR or PR. Good character applies to both routes when you get to BC stage.

[Casa]

CR001 is right. Assuming the earnings you've mentioned are before tax/NI deductions, that's a very generous £13.50 an hour for (allegedly) only 80 hours work! As the discussed in the thread I posted for you, your NI number enables HO to cross-match records with HMRC at a simple click. All Government systems are linked for easy information sharing. As CR001 has also highlighted...how did you manage to study while you were working full time? Either the college wasn't genuine or you were in breach of your attendance. The Case Worker may well check with the education provider.

[oni82]

I wasn't making statements, I was just throwing possible answers to the scenario! Home office has granded me with 7 visas if they knew my working hours do you think they would have done so?

There's a very "aggressive" spirit on this forum it feels like everyone is trying to prove that they are right. This is a "helping board" lets focus on that instead of being conflictual. I am not trying to decieve anyone I have worked as a teacher with sick children for the last 4 years and a I am very valuable member of society (more than many british ppl) and if that isn't enough for "good character" then s**** HO and BC

[oni82]

Actually I get £29 an hour! Just for reference

[CR001]

Most of us have been through the whole immigration process and jumped through all the HO hoops thrown in our path.

If you want advice that is sugar coated and wrapped up nicely with a ribbon, you aren't going to get it here.

Being a 'valuable member of society' won't change the fact that you worked full time and more than allowed on a student visa.

[Casa]

Do you know something? I'm out. As they say 'If you don't like the message, please don't shoot the messenger'.

[oni82]

Casa, with all due respect as I mentioned above HO has granted me 7 visas i am sure that they have duly made their checks before granting me those! My college was from 6-9 at that period and i attended most nights and it was very genuine at the time. Now has been shut like many others. How are they gonna check with the education provider?

Please don;t get me wrong here I am not trying to be stubborn or conflictual am just trying to understand the situation. HO has messed up a lot during the past years maybe now is trying to rectify those mistakes and is making things tougher?

[oni82]

Most of us have been through the whole immigration process and jumped through all the HO hoops thrown in our path.

If you want advice that is sugar coated and wrapped up nicely with a ribbon, you aren't going to get it here.

Being a 'valuable member of society' won't change the fact that you worked full time and more than allowed on a student visa.

I don't really like sugar I just don't see the point to be treated like a "deceiver" here from people who have been probably going through the same things as I have like you say!

Anyway, I am sorry if I have breached the rules of the board or insulted somebody's effort to give me advice.

[Casa]

I'll make one last comment. Visas may have been issued in the past, but ILR & PR checks now delve more deeply. Hence a member's reference to Tier1-G ILR refusals after applicants have been given visa extensions previously. We are now seeing cases on the forum where ILR is being revoked after British citizenship refusals, where applicants have been found to be in contravention of their visa rules. .

[CR001]

Please don;t get me wrong here I am not trying to be stubborn or conflictual am just trying to understand the situation. HO has messed up a lot during the past years maybe now is trying to rectify those mistakes and is making things tougher?

Yes they have and many migrants (legal and illegal) who have managed to use the many loopholes that were there and abused the system on an enormous scale (tier 1 g tax deception the most recent example of this). This has systematically resulted in genuine and honest migrants suffering due to the rules becoming harder and harder.

So HO has done what has to be done, the refusals for ILR and citizenship are flowing thick and fast since 2014 when HO introduced the more strict 'good character' requirement (mainly for BC). HO will leave no area unchecked now and some people on the forum have been waiting since mid 2014 for their citizenship applications and outcome.

[CR001]

I don't really like sugar I just don't see the point to be treated like a "deceiver" here from people who have been probably going through the same things as I have like you say!

Yes, there have been many and many of them have had refusals of applications in the last 18 months too, with deception and today someone posted that their citizenship and ILR has been revoked. So no, we don't dream up what we say, we see these 'problems' everyday on the forum of desperate people who, most knowingly, gamed the system and now urgent look for advice on how to 'fix things'.

We do a thankless job on here, for free too as we are all volunteers.

[oni82]

Thank you for your replies! Both of you

Could you please explain what is "good character check" is there a link i can read about this? I was not aware till tonight

[CR001]

Thank you for your replies! Both of you

Could you please explain what is "good character check" is there a link i can read about this? I was not aware till tonight

See the link below that was created. It contains the links to the requirements.

http://www.immigrationboards.com/britis ... 05532.html