Potential breach of visa condition - consequences?

[midhun3197]

Hi,

I am currently on a job working as a Civil Engineer (SOC 2121). I did a supplementary job as a Teaching assistant for a module part of the degree that I did for my masters (construction project management which is closely related to civil engineering and the course is accredited as satisfying requirements to become a Chartered Civil Engineer). I was informed by the University that teaching in the area of my professional expertise is allowed as supplementary job (as informed by the account manager for the uni at the HO). I am confused if the home office would dwell into details of the course and decide that the course is not in the area of my professional expertise as construction project management and civil engineering might seem like 2 different fields? The module I reviewed is actually research methods which civil engineers do as part of their course as well. Will the home office be willing to listen to my explanation of why it relates to civil engineering and my area of expertise, or do they decide by consulting with the uni in question? I had informed the uni about my type of visa, work restrictions and my SOC code before I accepted to do the job. They did not inform me about the SOC code of the second job, but said that HO account manager agrees it to be acceptable as long as teaching is in engineering and same field of my current job. I did not doubt anything as the uni confirmed it to be okay as long as i did less than 20hrs/week. If in case they decide that I have breached a condition, will I have any defence as I was informed by the uni after the RTW check that I can do the job? I did confirm this before taking payment as well. Thank you.

[manci]

Moderators - please merge this post with
uk-tier-5-temporary-work-visas/tier-5-g ... g#p2015369

[midhun3197]

Can you please advise what would be the right thing to do now? Will I be blamed for trusting what the employer told me? I never had any intention to breach any condition, and I questioned every stage to ensure that I complied. Will the HO consider these factors and give me an opportunity to explain?

[humanist100]

It is your responsibility to work in the same job code and same duties listed in the COS.

[midhun3197]

It is your responsibility to work in the same job code and same duties listed in the COS.

I was not sure and that is why I consulted the employer to make sure, and being informed by the Account manager at the Home Office I never had a reason to not trust the information.

[humanist100]

You can appeal with the email evidences that you have. If you have made honest efforts then home office will be lenient .
In my experience they usually let go of the employees but punish the sponsor licence holders. They will also check your current sponsor whether you do the job/duties same as in your COS.

[midhun3197]

You can appeal with the email evidences that you have. If you have made honest efforts then home office will be lenient .
In my experience they usually let go of the employees but punish the sponsor licence holders. They will also check your current sponsor whether you do the job/duties same as in your COS.

Thank you @humanist100. I hope the HO would be considerate enough to listen to me. I informed the employer about my visa type before taking up the job and also reconfirmed before submitting the invoice for payment. I never wanted to do a supplementary job, and it was only because it was my uni supervisor who offered the job that I decided to proceed with caution. I consulted with a number of immigration advisors and they were not able to clarify if both jobs were considered the same (but did confirm that the jobs were at the same professional level), and relied on the uni to do the check.
I honestly do not want me or the employer to get into any trouble. I am also willing to give back the payment I received as it was not for money that I did the job. Thanks for the info anyways, calmed my nerves a bit.

[manci]

It is your responsibility to work in the same job code and same duties listed in the COS.

The definition of supplementary employment is not so restrictive. It can be any job on the shortage occupation list or a job n the same occupation code and at the same level as the main job.

All civil engineering jobs are on the shortage occupation list. Civil engineers engage in a wide range of activities such as surveys, planning, structural analysis and design, geotechnical engineering, construction project management, research, teaching, etc. etc

[midhun3197]

It is your responsibility to work in the same job code and same duties listed in the COS.

The definition of supplementary employment is not so restrictive. It can be any job on the shortage occupation list or a job n the same occupation code and at the same level as the main job.

All civil engineering jobs are on the shortage occupation list. Civil engineers engage in a wide range of activities such as surveys, planning, structural analysis and design, geotechnical engineering, construction project management, research, teaching, etc. etc

Thank you manci. I hope they do consider it that way and not make a decision without giving me an opportunity to explain. May I ask if you know how the HO verifies if the job falls in the same profession? Will they contact the uni through their HO account manager or?