20 hours and ILR - complex issue - please help

[aaliya1986]

Dear All,

I need some help regarding the 20 hour working while being a student. I have been working for 2 employers but I have never exceeded the 20 hours per week with both of them combined. The issue is however a little complex.

One of the employers pays according to the hours worked per week, and I provide them timesheets. During off term I do extra hours which exceed the 20 hours.

Other employer raises contracts, sometimes the contracts are raised after the work has been done. For example the actual work was done in January but the contract did not get raised until Feb-Mar which meant the pay would not come in until Mar-Apr.

Now when it comes to the HO how does the HO check the hours worked per week? If they go by the Pay slips then some of the pay slips from Employer 2 will show high number of hours and some will show very low. My confusion is that I do not want the HO to get confused and penalise me or etc.

Sorry to stretch but the Employer 2, also for example gives a certain number of hours to work for example 10 hours contract. to work in 10 weeks @ 1 hour per week however the pay is divided into 3 months. Does any one of you have had a similar experience? and is it okay?

If you guys can direct me towards the right direction I would really appreciate. Please let me know if my question wasn’t very clear. I do not want my ILR application to get affected because of this.

Thank you so very much in advance for all your help.

[aaliya1986]

any help please. looking forward to hear from anyone. thank you in advance

[Frontier Mole]

UKVI check with HMRC to establish your pay and tax in the previous years. If there are spikes in payments that look like you are exceeding 20 hours work outside of term time then that will raise questions.
The other point you have to consider
Contracting - what do you mean by this? Were you raising an invoice for your services?
Twenty hours - this is measured in any one period of 7 days - it is not Monday to Sunday. It is a continuous rolling period. So you may have beached your 20 hours if you calculated your working hours over a traditional standard week.

[aaliya1986]

As there are confusions around the work week and etc. This is how UKVI defines a work week

https://www.ukcisa.org.uk/Information-- ... n-you-work

How is a 'week' defined?
Last modified: 17 August 2017
Since 6 April 2017, 'week' has been defined in the Immigration Rules as "a period of 7 days beginning with a Monday".

If you work irregular hours and/or have more than one employer, you will need to keep detailed records of how many hours you work each day so that you can be sure that you are not in danger of breaching your work condition by exceeding 10 or 20 hours in any seven-day period, starting on a Monday.

Before this change was announced on 16 March 2017, we asked the Home Office how it defined a 'week' when calculating whether a Tier 4 student has complied with the limit of 10 or 20 hours a week of work in term time.

The answer we received on 17 May 2016 was "Though there is no definition in the Immigration Rules or guidance, our Policy colleagues have previously described a “week” in this context as being any rolling 7 day period".

Note that the Home Office was aware that this policy interpretation of 'week' had no basis in its own legislation or guidance, so other reasonable interpretations should be accepted for work carried out before 6 April 2017, but not on or after that date.