possible for application after course start date?

[sahim938]

Hi yall I recently encountered a complicated issue. I took 2 years off the uni due to medical reasons and am about to return this September so I'm preparing to apply for a new tier 4 visa. But today I somehow found my payslip from Jan 2018 and I noticed there were 2 weeks of work that went just over 20 hours (25 and 22). Well it was actually because the manager added all the training hours onto those weeks (as I hadnt been added to the system so my hours couldnt be logged). I did go to the manager after I saw the payslip. So another manager wrote a letter briefly explaining the situation and vouching for me. But the official record, as in the one sent to the HMRC, couldn't be changed so technically it still shows the 2 weeks of overwork. I worked for another 2 months and the rest were perfectly normal (like 10-14 hrs/week). Then I quitted to prepare for exams and eventually went back home in autumn (2018) to receive treatments until now.

So the question is: what are the chances of them checking my working history (as I need to disclose my NI number) during my application? The letter has his sign on it and contact info of the pub but it doesnt have letterhead nor stamp from the central company. I'm really worried that its not official/formal enough. Will they think this is not credible enough and still deem this as a breach against immigration rules and reject my visa for it? I'm really really worried. I would honestly appreciate any response or advice. Thank you all in advance for anything you could offer.

[Yehia]

I am in a similar situation but worse, actually a lot worse. I went on working full time during vacations and at times when I told my supervisor I needed a break from studying. PhD students are not treated as having vacations applicable to all other students except for few days before Christmas may be and the new year.

I took an interruption and have now applied for a new tier 4 visa for a return to my studies.

What you need to know is that you are applying after two years of interruption or after two years of breaching conditions. As per UKVI,12 months past your breaching conditions and they are to be overlooked when processing an entry clearance.

The worrying part is their suspecting deceptive behavior if they find your breach out and you declaring you haven't breached any conditions on your application. But I believe it is common sense that you shouldn't worry as such excess is too minimal to be taken as as factor jeopardizing your money, degree, years of study...etc.

Even if they suspect deception with such minor excess they would call you for an interview during which you could present your paper as your explanatory ground.

In short, try not to worry just as much as I need to be.

[sahim938]

The worrying part is their suspecting deceptive behavior if they find your breach out and you declaring you haven't breached any conditions on your application. But I believe it is common sense that you shouldn't worry as such excess is too minimal to be taken as as factor jeopardizing your money, degree, years of study...etc.

Thanks for sharing your experience. So what if I just submit the letter and disclose the situation in my application? It's the truth anyway and they'll find out about it from my record. I definitely dont want to be considered deceptive nor do I ever intend to be. It would be ridiculous if I got banned for something I never did. It really is a terrible mistake. I should've made this clear with the manager but I could only be paid by the company in form of logged hours... So how did your application turn out?

[Yehia]

The worrying part is their suspecting deceptive behavior if they find your breach out and you declaring you haven't breached any conditions on your application. But I believe it is common sense that you shouldn't worry as such excess is too minimal to be taken as as factor jeopardizing your money, degree, years of study...etc.

Thanks for sharing your experience. So what if I just submit the letter and disclose the situation in my application? It's the truth anyway and they'll find out about it from my record. I definitely dont want to be considered deceptive nor do I ever intend to be. It would be ridiculous if I got banned for something I never did. It really is a terrible mistake. I should've made this clear with the manager but I could only be paid by the company in form of logged hours... So how did your application turn out?

From what you said earlier I assume you did not breach your visa conditions but the excess was all due to an error by your employer or the way your hours turned up on your payslips.

I would personally advice against declaring that you had breached conditions as this wasn't actually the case. I would suggest that you copy/past the situation exactly as written in your original post along with your application documents. It's extremely unlikely they won't understand.

I haven't yet received a decision.

[sahim938]

I'm applying for a new visa after 2 years of interruption from uni. But we've been told for the next term there would be no attendance in person required due to covid 19. Not willing to run the risk of catching the virus, I'm planning to put off my return to christmas or so. I havent required the new CAS yet as I'm not sure how to fill in the return date. Is it possible to apply for a visa (entry clearance visa) later than the course start date? Would really appreciate any help!

[sahim938]

From what you said earlier I assume you did not breach your visa conditions but the excess was all due to an error by your employer or the way your hours turned up on your payslips.

I would personally advice against declaring that you had breached conditions as this wasn't actually the case. I would suggest that you copy/past the situation exactly as written in your original post along with your application documents. It's extremely unlikely they won't understand.

I haven't yet received a decision.

Yes I never worked above the limit but it's not really an error either it's just how our pay was counted -- the central company paid the wages looking at the hours put down in the system -- and the training hours had to be added to the next payslip cycle cuz I hadnt been logged into the system at the time when i first started.

I think what I would do is include the letter and explain the situation in written form and submit them with my app. Then I'll let them decide what to do about me. But from what you said earlier, any breach 12 months ago would be ignored? Is that part of the immigration rules?

[sahim938]

But from what you said earlier, any breach 12 months ago would be ignored? Is that part of the immigration rules?

Hi could anyone share any information on this one? Still waiting for response I plan to submit everything I have and explain the situation in my application. Will they still see it as a breach and reject my visa or even ban me for the next ten years? though I'll still apply regardless. It's just this uncertainty is what's killing me

[sah10406]

Will they still see it as a breach and reject my visa or even ban me for the next ten years?

No. May I say that you appear to be over-thinking this. You did not breach your work conditions.

Your employer appears to have had a weird way of organising your pay, but that is nothing to do with the hours you worked in any week.

If it makes you feel better, by all means include the letter from your employer confirming that you always worked within your conditions.

If you want one-to-one advice, can I suggest that you contact the international student adviser at your university. The advice you have received seems more about helping you hide a breach of conditions, which is always a terrible idea, and totally unnecessary here because there has been no breach anyway.

[sahim938]

No. May I say that you appear to be over-thinking this. You did not breach your work conditions.

Your employer appears to have had a weird way of organising your pay, but that is nothing to do with the hours you worked in any week.

If it makes you feel better, by all means include the letter from your employer confirming that you always worked within your conditions.

If you want one-to-one advice, can I suggest that you contact the international student adviser at your university. The advice you have received seems more about helping you hide a breach of conditions, which is always a terrible idea, and totally unnecessary here because there has been no breach anyway.

really sorry about the fuss yes I do realise I'm being a bit over the edge. I've never broken any rules or laws before so I'm really worried that they wont listen to me and just take the record for granted. I really care about my degree and dont want to be affected because of some weird misunderstanding. thank you very much for your reply and it did make me feel a bit better. i definitely dont want to hide anything cuz thats just not the way to do this. i'll include everything and see where that takes me

[sah10406]

i'll include everything and see where that takes me

If you do want to include a letter from the employer, make sure it is very clear that it says that it was their record keeping that was off, not your working hours. If the letter is vague and the tone is more suggesting that you did work more than 20 hours in any one week, but now you are sorry and won't do it again, that could be a problem. Don't let your employer throw you under the bus when you have done nothing wrong.

[sahim938]

If you do want to include a letter from the employer, make sure it is very clear that it says that it was their record keeping that was off, not your working hours. If the letter is vague and the tone is more suggesting that you did work more than 20 hours in any one week, but now you are sorry and won't do it again, that could be a problem. Don't let your employer throw you under the bus when you have done nothing wrong.

ah yes its really clear it lists the 2 weeks in question and says it was a mix up with my training hours and owed to me and confirms I "only works a max of 20 hrs". Just that it was only signed by the pub manager without official letterhead or stamp as it was produced by the branch manager not by the company. And its a photocopy he sent to me. Would this detriment the credibility of this letter? He did include contact details and address of the pub branch

[sah10406]

And its a photocopy he sent to me. Would this detriment the credibility of this letter?

You scan and upload the documents. There is no concept of an "original" scan, nor are original documents required anyway.

[Yehia1]

Will they still see it as a breach and reject my visa or even ban me for the next ten years?

No. May I say that you appear to be over-thinking this. You did not breach your work conditions.

Your employer appears to have had a weird way of organising your pay, but that is nothing to do with the hours you worked in any week.

If it makes you feel better, by all means include the letter from your employer confirming that you always worked within your conditions.

If you want one-to-one advice, can I suggest that you contact the international student adviser at your university. The advice you have received seems more about helping you hide a breach of conditions, which is always a terrible idea, and totally unnecessary here because there has been no breach anyway.

It's sad you claim the advice she was given suggests hiding a breach of condition then you give the exact same advice in different words.

She didn't breach conditions so should not incriminate herself by declaring otherwise. As already stated she can include a letter or her explanation along with her application. No fuss!

[sah10406]

It's sad you claim the advice she was given suggests hiding a breach of condition then you give the exact same advice in different words.

I must have misread or misunderstood the advice given, so that's my mistake. For my part, I am not suggesting hiding anything simply because there is nothing to hide. If that was also the advice given previously, then that is my error for not seeing that.