Doing More than 20 Hours on Tier 2 on other place

[yzaheer3]

Hi

I am on Tier 2 in a school as IT Tutor. I was working in another school more than 20 hours in a week as well. That school offered me to join permanently and applied for Tier 2 Sponsorship license for me. Home office visited the school and ask the school I could not do more than 20 Hours. After that time I have stopped the 2nd job

My Questions are

1. Because HO know I have been working more than 20 Hours, what could be the consequences.
2. Can they contact me or my Existing Tier 2 provider

Thanks

[olgachilds]

it is not good, as effectively you were working illegally

so IMHO you could get curtailed, of which they yes will notify you and your current employer

whether it would have effect on school's license application -- it must generally -- employing someone illegally is not a goo ting, but i think in practice it will depend on what you mean by "school", if it is a secondary school maintained y local authority, they may get away with it

if they do get a license somehow, then even if you are curtailed you may actually be able to get away with a new tier 2 application for a new sponsor -- curtailments take time to process, too, plus you normally get 60 days plus 28.

although of course this would be somewhat purpose-defeating, since your curtailment would be for violating the rules of Tier 2 employment, so bestowing another tier 2 status on you is not the best policy idea. Maybe you will get curtailed immediately and issued with a notice of liability for detention and requirement to depart and/or be detained.

Please do let us know how this plays out.
But i must say, I am somewhat taken aback at how cheerfully you relate that you were working over 20 hours at another job, which clearly was illegal working. What exactly did you expect would happen? Don't mean to judge, but IMHO this is one of those cases which people do bring upon themselves.

[noajthan]

It seems to be a surprise to some Tier 2 holders that it's not "all about them" and that their visa is not a Willie Wonka-style 'golden ticket'.

[Djsuccess]

Could you please provide a timeline of the event? when did you start working for your current sponsor? How long have you been working for the second employer?
is your sponsor (your main employer) aware that you are working for a 2nd employer for more than 20 hours?
when did the HO carry out the visit?

Three parties are involved in this case and what will happen to each of the parties depends on the outcome of HO's investigation.

You: Your visa might be curtailed with immediate effect or might not be able to renew your current visa. You will need a miracle not to get punished for this.
2nd employer: This will affect their ability to obtain Tier 2 Sponsor license and their action might attract some form of fine/ penalty / sanction.
current Sponsor: If they are aware of your second job and your working hours and did not report to HO, they might also be found guilty thereby losing their sponsor's license because they have failed to carry out their sponsor's duties. If they are not aware that you have been working for more than 20 hours on the second job or not aware at all that you have a second job, then they might be exonerated from the case.

I am not trying to be judgmental here ; the deed has been done. But I want to ask out of curiosity, did you work more than 20hours for the 2nd employer out of ignorance or was it a deliberate action?

Please do let us know how things unfold. I can only wish you the best of luck.

[yzaheer3]

Hi
Thank you so much for your reply.

•I worked in a secondary school ( 2nd job ) between May 2015 to Sep 2016.
•None of the job timings were klashing.
•HO visited the secondary school in Sep 2016.
•My main employer was aware of that.
Since I have left my 2nd Job ( in Sep 2016 ) HO never contacted me but they have contacted my existing Sponsor last week to confirm if I am still working with them. They confirmed yes.

My Question is
My Tier 2 visa is valid till end of Nov 2017 and my 10 years will be completed in mid september 2017.
•Am I be OK to apply my ILR on long residency grounds?
•What chances are to be curtailed?
•If curtailed, will i be getting 60 days?
•what could be the other consequences?

Thanks so much

[Djsuccess]

Hi
Thank you so much for your reply.

•I worked in a secondary school ( 2nd job ) between May 2015 to Sep 2016.
•None of the job timings were klashing.
•HO visited the secondary school in Sep 2016.
•My main employer was aware of that.
Since I have left my 2nd Job ( in Sep 2016 ) HO never contacted me but they have contacted my existing Sponsor last week to confirm if I am still working with them. They confirmed yes.

My Question is
My Tier 2 visa is valid till end of Nov 2017 and my 10 years will be completed in mid september 2017.
•Am I be OK to apply my ILR on long residency grounds?
•What chances are to be curtailed?
•If curtailed, will i be getting 60 days?
•what could be the other consequences?

Thanks so much

It could be that HO decided to just warn the school and didn't take any action. It could as well be that HO have other pressing cases and decided to delay your case. The fact that HO contacted your sponsor last week shows that they still have you on their radar.
As it stands, if your visa is not curtailed before Nov 2017, then you can apply for ILR as you will be qualified to do so. Just bear in mind that the case might be brought up during your ILR application.

[yzaheer3]

Thank you so much.
I really appreciate your promp response.
If unfortunately i get curtailed, will i be given 60 days?
And can i avail 28 days early policy for ILR application.
From today There are total 75 days remaining in my 10
Years but if i get 60 + 28 = 88days, do you think i ll be fine?

Kind Regards
Yasir

[Djsuccess]

Thank you so much.
I really appreciate your promp response.
If unfortunately i get curtailed, will i be given 60 days?
And can i avail 28 days early policy for ILR application.
From today There are total 75 days remaining in my 10
Years but if i get 60 + 28 = 88days, do you think i ll be fine?

Kind Regards
Yasir

I don't think there's any issue if you choose to apply 28 days before you clock 10 years. The issue is whether you will meet all the criteria for ILR. No one is sure what UKVI has on file for you. You can only apply for ILR if your visa has not been curtailed. If it happens, you might not be able to apply for ILR as it will be due to you working illegally for more than the required hours. It might have nothing to do with your sponsor. Finally, in order to apply for ILR, you need your sponsor to confirm they still need you and also confirm your absences where applicable. So your ILR application might not an escape route. Again all these are speculations, you might just be lucky that UKVI doesn't have anything against you. Only time will tell. All the best

[CR001]

Employer letter stating 'required for the foreseeable future' is not a requirement for ILR based on long residency. It is only applicable for Tier 2 route to ILR. Absence limit if far more restrictive for long residence ILR too.

Working for more than 20 hours while a student is definitely a problem.