Potential Breach in Work Conditions

[eskay484]

I have been on a skilled worker visa since 2019 (Tier 2 General Work visa then) I am about to apply for my ILr but i am concerned that it could be refused. In september 2022 I picked up a part time job as a delivery driver as I understood from my conditions that I could work part time for 20 hours. I missed the caveat that said it had to be in line with my job or on the shortage occupations list. Immediately I saw it I ended the job. I am still worried that it could be grounds for refusal.

Note: I have not applied yet but worried sick I could get rejected. My questions are:
1)Do i need to say this in my application or wait for them to get back to me ?
2) what are the consequences if i do not state it?
3)Will stating it shoot myself in the foot ?
4)Realistically what are my chances of getting rejected

[zimba]

You do not need to do anything. If UKVI notices this, they may conclude that you worked against the conditions of your stay.

[eskay484]

You do not need to do anything. If UKVI notices this, they may conclude that you worked against the conditions of your stay.

Hi Thank you so much for your reply, I have been advised to write a cover letter by online solicitora explaining the breach. Could this help my case ?

[AJ001]

Skilled worker guidelines for the settlement application suggests that " You should check the applicant's PAYE records for the past 12 months".

Additionally, supplementary work earnings is not considered for the application (until it's a second job).

[zimba]

You do not need to do anything. If UKVI notices this, they may conclude that you worked against the conditions of your stay.

Hi Thank you so much for your reply, I have been advised to write a cover letter by online solicitora explaining the breach. Could this help my case ?

Explaining a breach does not make a breach inconsequential

[eskay484]

Skilled worker guidelines for the settlement application suggests that " You should check the applicant's PAYE records for the past 12 months".

Additionally, supplementary work earnings is not considered for the application (until it's a second job).

HI! Thank you so much for this ! Is it possible for you to please direct me to a document that states that they check PAYE records for the past 12 months

[zimba]

You should check the applicant’s PAYE records for the past 12 months.

Until automated PAYE checks are available, applicants should provide a payslip and either a bank / building society statement or building society pass book, covering their most recent month’s pay, with their application. These documents should be dated no earlier than 31 days before the date of application. You do not need to check their records for the past 12 months unless you have particular concerns.

https://www.gov.uk/government/publicati ... accessible

[eskay484]

You should check the applicant’s PAYE records for the past 12 months.

Until automated PAYE checks are available, applicants should provide a payslip and either a bank / building society statement or building society pass book, covering their most recent month’s pay, with their application. These documents should be dated no earlier than 31 days before the date of application. You do not need to check their records for the past 12 months unless you have particular concerns.

https://www.gov.uk/government/publicati ... accessible

Thank you so much wow! I have been worried sick so so long. This means If i mention this I would just be giving information that is not neccesary

[eskay484]

You should check the applicant’s PAYE records for the past 12 months.

Until automated PAYE checks are available, applicants should provide a payslip and either a bank / building society statement or building society pass book, covering their most recent month’s pay, with their application. These documents should be dated no earlier than 31 days before the date of application. You do not need to check their records for the past 12 months unless you have particular concerns.

https://www.gov.uk/government/publicati ... accessible

HI, I have been informed that this is specifically for Assessing salary. For the suitability criteria. If I have no home office records of any breach could they still investigate this part time job ?

[zxyzhgp]

did you do any self assessment tax for your part time? or it is on PAYE?
I have a part time job as well and it is on PAYE. But this was not considered at all for my ILR and I did not submit any document for my part-time job.

[zimba]

You should check the applicant’s PAYE records for the past 12 months.

Until automated PAYE checks are available, applicants should provide a payslip and either a bank / building society statement or building society pass book, covering their most recent month’s pay, with their application. These documents should be dated no earlier than 31 days before the date of application. You do not need to check their records for the past 12 months unless you have particular concerns.

https://www.gov.uk/government/publicati ... accessible

HI, I have been informed that this is specifically for Assessing salary. For the suitability criteria. If I have no home office records of any breach could they still investigate this part time job ?

UKVI can use their systems and any data they have to check that you adhered to the conditions of your stay. There is no specific procedure for this and it is NOT just about assessing salary requirements for ILR. If they deem that any work you have undertaken was against the conditions of your stay, then you could face issues as advised before

[eskay484]

did you do any self assessment tax for your part time? or it is on PAYE?
I have a part time job as well and it is on PAYE. But this was not considered at all for my ILR and I did not submit any document for my part-time job.

Yeah it was on PAYE

[eskay484]

You should check the applicant’s PAYE records for the past 12 months.

Until automated PAYE checks are available, applicants should provide a payslip and either a bank / building society statement or building society pass book, covering their most recent month’s pay, with their application. These documents should be dated no earlier than 31 days before the date of application. You do not need to check their records for the past 12 months unless you have particular concerns.

https://www.gov.uk/government/publicati ... accessible

HI, I have been informed that this is specifically for Assessing salary. For the suitability criteria. If I have no home office records of any breach could they still investigate this part time job ?

UKVI can use their systems and any data they have to check that you adhered to the conditions of your stay. There is no specific procedure for this and it is NOT just about assessing salary requirements for ILR. If they deem that any work you have undertaken was against the conditions of your stay, then you could face issues as advised before

I have seen if they see it, they have to choose to refuse by their discretion based on the nature of the breach. If i explain in a letter attached to my supporting documents the breach and stressing that it was minor and unintentional as it was a short period. Simply an oversight. Could this be favourable for me ?

[eskay484]

did you do any self assessment tax for your part time? or it is on PAYE?
I have a part time job as well and it is on PAYE. But this was not considered at all for my ILR and I did not submit any document for my part-time job.

Was your part time job also relating to your skilled worker job code ?

[zxyzhgp]

I would say they are related but their codes are different

[zimba]

You do not need to do anything. If UKVI notices this, they may conclude that you worked against the conditions of your stay.

Hi Thank you so much for your reply, I have been advised to write a cover letter by online solicitora explaining the breach. Could this help my case ?

Explaining a breach does not make a breach inconsequential

Any discretion is up to the UKVI

[zimba]

did you do any self assessment tax for your part time? or it is on PAYE?
I have a part time job as well and it is on PAYE. But this was not considered at all for my ILR and I did not submit any document for my part-time job.

Was your part time job also relating to your skilled worker job code ?

OP explained that they took a part-time job as a delivery driver above. That is certainly not related to their skilled worker job and that is not allowed under the rules

[AJ001]

did you do any self assessment tax for your part time? or it is on PAYE?
I have a part time job as well and it is on PAYE. But this was not considered at all for my ILR and I did not submit any document for my part-time job.

Yeah it was on PAYE

It will be good to know which route you have opted and what was the outcome.

[AJ001]

I have been on a skilled worker visa since 2019 (Tier 2 General Work visa then) I am about to apply for my ILr but i am concerned that it could be refused. In september 2022 I picked up a part time job as a delivery driver as I understood from my conditions that I could work part time for 20 hours. I missed the caveat that said it had to be in line with my job or on the shortage occupations list. Immediately I saw it I ended the job. I am still worried that it could be grounds for refusal.

Note: I have not applied yet but worried sick I could get rejected. My questions are:
1)Do i need to say this in my application or wait for them to get back to me ?
2) what are the consequences if i do not state it?
3)Will stating it shoot myself in the foot ?
4)Realistically what are my chances of getting rejected

Hi,

Any update on your matter ?