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Supplementary Work on WP

General UK immigration & work permits; don't post job search or family related topics!

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malcolmx
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Supplementary Work on WP

Post by malcolmx » Wed Feb 01, 2006 5:57 pm

Hi All

Just joined the forum today. I have heard a lot about this forum-all good :D -and decided to give it a try.

I am an IT professional on a WP since 2002. I recently applied for a part-time job (after office hours, 3.5 hours each evening, 5 days a week) and have been selected. The only problem is that the part time job is not in the same industry or rather the job role is nothing similar to the job I am doing on a WP.

My question is if I take up this job, will this affect my chances of getting ILR later this summer?

Please advise.

Thanks
Malcolm

John
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Post by John » Wed Feb 01, 2006 6:19 pm

I recently applied for a part-time job
Is the job with the same employer? If so, no problem whatsoever.

However if the job is this a different employer, why did you apply? Your proposed second employer would need to get a WP in order to employ you. Without that WP the employer faces a £5000 fine or a £2000 penalty for employing an illegal worker.
My question is if I take up this job, will this affect my chances of getting ILR later this summer?
If with a different employer ... don't even think about starting that job!

It would be oh-so-different if you had HSMP.
John

malcolmx
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Post by malcolmx » Wed Feb 01, 2006 7:25 pm

I do believe that the WP regulations allow you to take up supplementary work if it is after office hours and both the new/present employers do not need to seek permission from the Home Office!

bbdivo
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Post by bbdivo » Wed Feb 01, 2006 8:32 pm

malcolmx wrote:I do believe that the WP regulations allow you to take up supplementary work if it is after office hours and both the new/present employers do not need to seek permission from the Home Office!
The stamp in your passport relating to your existing work permit should state something along the following lines:

Able to work as authorised by the secretary of state

This means you need authorisation (or a work permit to you and me!) for any sort of work you intend doing, if your part time job is with the same employer, you'll get away with it because it could be just 'additional responsibilities' however for another employer it would need to authorised ie a work permit.

Do you have a link showing what you've just mentioned?

malcolmx
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Post by malcolmx » Wed Feb 01, 2006 8:40 pm

Here's the link.

http://www.workingintheuk.gov.uk/workin ... t_faq.html

See section 1.5

Thanks

bbdivo
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Post by bbdivo » Wed Feb 01, 2006 9:13 pm

malcolmx wrote:Here's the link.

http://www.workingintheuk.gov.uk/workin ... t_faq.html

See section 1.5

Thanks
:oops: Do you know what, I remember reading that a few years back!! :oops: I think you mean section 15. I guess you may have a problem with is bullet point 3 which says:

is in the same profession and at the same professional level for which the holder's work permit was issued;

as you've already said its a different industry, and nothing similar to what you are doing now.

mhunjn
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Re: Supplementary Work on WP

Post by mhunjn » Thu Feb 02, 2006 8:36 am

While on a WP, it is illegal to work anywhere else, unless it comes under the same employer as stated on the WP letter.

Can't be any simpler...

malcolmx wrote:Hi All

Just joined the forum today. I have heard a lot about this forum-all good :D -and decided to give it a try.

I am an IT professional on a WP since 2002. I recently applied for a part-time job (after office hours, 3.5 hours each evening, 5 days a week) and have been selected. The only problem is that the part time job is not in the same industry or rather the job role is nothing similar to the job I am doing on a WP.

My question is if I take up this job, will this affect my chances of getting ILR later this summer?

Please advise.

Thanks
Malcolm

malcolmx
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Joined: Wed Feb 01, 2006 5:49 pm

Post by malcolmx » Thu Feb 02, 2006 8:58 am

Thanks, BBDIVO.

I have inferred the same.

Dawie
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Post by Dawie » Thu Feb 02, 2006 10:11 am

15.Can an overseas national do supplementary work?

The procedure, which needs to be followed by people who want to do work which is supplementary to that for which their current permit was issued, is outlined below.

Supplementary employment arrangements apply to overseas nationals who already have a work permit, but who want to take on additional work to that which their permit was issued for. Under these circumstances they may do so without further permission from Work Permits (UK) provided that the work:


is outside of their normal working hours;
is no more than 20 hours per week;
is in the same profession and at the same professional level for which the holder's work permit was issued; and
is not employed by a recruitment agency, employment agency or similar business, which provides personnel to a client.

For example, a nurse who has a work permit to work for an NHS Trust and wishes to take up supplementary employment with a nursing recruitment agency would not be allowed to do so as we do not approve work permits for such agencies.

Any supplementary employment undertaken must be in a post that would meet our work permit issuing criteria; i.e. if an overseas national takes up supplementary employment in a post for which we would not normally approve a work permit, then they are in breach of their immigration conditions.

The work permit holder is not allowed to enter self-employment, set up a business or join another business as a director or partner. If a work permit holder wishes to be self-employed or set up a business they will need to apply to the Home Office (Immigration and Nationality Directorate) for the appropriate permission to do so. Please note however that if this permission is granted this will invalidate any current work permit.
Mhunjn, you are wrong, you certainly can work for another employer, but within the conditions set out above.

Malcolmx's problem is that the supplementary work he wants to do does not fit these conditions, specifically the one stating that the work has to be within the same profession for which the work permit was originally issued.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

chikoo77
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Post by chikoo77 » Thu Feb 02, 2006 8:30 pm

Sorry to sound dumb, but how will if effect the ILR application if you dont declare any supplementary work that you are doing ? i mean how would the officer know that you are doing a supplementary work ? plz reply as i was thinking of starting some other job to top up my earnings.

Dawie
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Post by Dawie » Fri Feb 03, 2006 9:52 am

Well, nowhere on the application form does it ask you to declare any supplementary work that you have done, so don't provide this information unless asked for.

However I would advise you to make sure that any supplementary work you do is within the conditions set out by Work Permits UK. Although you're unlikely to get caught, a simple check with Inland Revenue about your PAYE records would indicate who you've been working for.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

chikoo77
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Post by chikoo77 » Mon Feb 06, 2006 8:23 pm

any further suggestions from anyone ? can one of the moderators please shade some light on this matter.thanks a lot.

bbdivo
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Post by bbdivo » Mon Feb 06, 2006 8:32 pm

chikoo77 wrote:any further suggestions from anyone ? can one of the moderators please shade some light on this matter.thanks a lot.
What specifically are you trying to find out?

Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Mon Feb 06, 2006 8:57 pm

Mate, there's a veritable spotlight that's been shone on this matter. It doesn't really get much simpler than everything that's been said. Will illegal supplementary work affect your application for ILR? Probably not, but do you want to take the chance?
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

mhunjn
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Post by mhunjn » Tue Feb 07, 2006 8:58 am

Another thing to keep in mind is to check your contract with the present employer. A lot of the companies have a clause that the permanent employee cannot work elsewhere without prior permission from their full time employers. I have seen this a lot in the IT, Telecoms related companies.

So might be worthwile looking into as you might not only be going against your WP conditions, but your full time job contract as well!...

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