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Over worked

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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landever
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Over worked

Post by landever » Mon Nov 29, 2010 11:13 pm

Hi I am very confused, I did the biggest mistake of my life, I have just finished my MSc, got results and maintained Bank statement. but I worked for two employers, for one I was working 20 hours and for the second I was working 10 to 15 hours. Both had my NI# and were charging TAX.

I want to apply for PSW, I know this is the breech of contract. My student visa is expiring in November 2011 but possibly PSW will finish in March end. I am in need of help, please advise me what to do now... please

ash786
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Re: Over worked

Post by ash786 » Mon Nov 29, 2010 11:58 pm

landever wrote:Hi I am very confused, I did the biggest mistake of my life, I have just finished my MSc, got results and maintained Bank statement. but I worked for two employers, for one I was working 20 hours and for the second I was working 10 to 15 hours. Both had my NI# and were charging TAX.

I want to apply for PSW, I know this is the breech of contract. My student visa is expiring in November 2011 but possibly PSW will finish in March end. I am in need of help, please advise me what to do now... please
1. I do not think so that anybody can help you as its you who worked.
2. Normally HO would not know that how many hours you have worked.
3. HO have access to the TAX and the NI records but they can not see how many hours you worked.
4. If your wages were going into the bank account and the caseworker sees two payments then he might get suspected and check with your employer.
5. He might just ignore that and u get the visa.
6. Its all down to the case worker how they will handle your case.
7. There is not much you can do about that.

landever
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Re: Over worked

Post by landever » Tue Nov 30, 2010 12:34 am

Thank you so much ash786 for the reply

Actually for my other employer the pay was going in to other bank account. The bank account I am planing to present (I mean statement) have only pays from one employer. should I take that chance in the form and Tick No in Question D.18 that is

"Has the applicant ever worked in the UK without immigration permision to do so (that is, contrary to his/her conditions of stay)"

your help is much much appreciated

thanks
landever

avjones
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Post by avjones » Tue Nov 30, 2010 3:21 am

Your choice. Lie, and get banned for 10 years for deception if you're caught.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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Re: Over worked

Post by Tier 4 » Tue Nov 30, 2010 9:05 am

landever wrote:Thank you so much ash786 for the reply

Actually for my other employer the pay was going in to other bank account. The bank account I am planing to present (I mean statement) have only pays from one employer. should I take that chance in the form and Tick No in Question D.18 that is

"Has the applicant ever worked in the UK without immigration permision to do so (that is, contrary to his/her conditions of stay)"

your help is much much appreciated

thanks
landever
Is it yours 1st extension?
N/A

landever
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Re: Over worked

Post by landever » Tue Nov 30, 2010 9:16 am

Yes this is my First extension. I came in Aug 2008 and had visa till Nov 2011

in this Nov (2010) I have done my Masters

please advise, I am really upset

thanks
Landever

mahdyhasan
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Re: Over worked

Post by mahdyhasan » Tue Nov 30, 2010 11:02 am

landever wrote:Yes this is my First extension. I came in Aug 2008 and had visa till Nov 2011

in this Nov (2010) I have done my Masters

please advise, I am really upset

thanks
Landever


well, I'd say u better tick 'NO' as they barely go further to check the hours u worked..If you so unfortunate then it might happen..but if you tick 'YES', they will never give you visa..
well, at the end, it's ur choice..:-)
good luck

therock
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Re: Over worked

Post by therock » Tue Nov 30, 2010 11:29 am

well, I'd say u better tick 'NO' as they barely go further to check the hours u worked..If you so unfortunate then it might happen..but if you tick 'YES', they will never give you visa..
well, at the end, it's ur choice..:-)
good luck
I would agree with this mate. If you are ready to give check mark to "Yes" you better book tickets and go back home.

bobobo
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Post by bobobo » Tue Nov 30, 2010 11:55 am

and if they check and find out that you were lying then be prepared to be slapped with a 10 year ban and face deportation....its a gamble I would just leave the country and make an out of country application from your home country...rest its your call....

landever
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Post by landever » Tue Nov 30, 2010 3:33 pm

Thank you sooooooooo much Guys for your replies, lots of appreciation for this

Actually I have student Visa Till November 2011, what possible option should I look for. Other thing in my mind is not to apply

Should I apply in January with checking Option No, or it doesn’t matter if I apply now or later

Or very important if I check yes then what possible reasoning should I give

I am really worried, I am in dilemma where I have nothing good in both options, Yes = no visa, No= Gamble and possible 10 yrs ban

I have account balance more than 3,500 through out three months and pay from one employer was coming in to this account. I had taken most money on Nov 24 from it and left 1500 in this bank account, and Next day Nov 25 order three months statement which is on its way and will reach in almost 10 business days

Can you please advise, Once again I am very much thankful for your replies, it means a lot to me

Thanks
Landever

mahdyhasan
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Post by mahdyhasan » Tue Nov 30, 2010 4:26 pm

landever wrote:Thank you sooooooooo much Guys for your replies, lots of appreciation for this

Actually I have student Visa Till November 2011, what possible option should I look for. Other thing in my mind is not to apply

Should I apply in January with checking Option No, or it doesn’t matter if I apply now or later

Or very important if I check yes then what possible reasoning should I give

I am really worried, I am in dilemma where I have nothing good in both options, Yes = no visa, No= Gamble and possible 10 yrs ban

I have account balance more than 3,500 through out three months and pay from one employer was coming in to this account. I had taken most money on Nov 24 from it and left 1500 in this bank account, and Next day Nov 25 order three months statement which is on its way and will reach in almost 10 business days

Can you please advise, Once again I am very much thankful for your replies, it means a lot to me

Thanks
Landever

It doesn't matter...if investigator wants to investigate more, he/she will find it out by anyhow...most of the time, they don't even bother getting their a*** up from the chairs rather they are more happy with the papers available on their hands..once again, if they do and find out what u did, u will have to think about Canada or USA:-P

one more thing, u have taken your money away from your bank account?? why did u do that when they will see it on your statement?? I don't think it will help in any way..

look, your statement will show the transaction had been made during last three months...if they see any big amount of money went out or in, they might become more curious ;)..

lanr3e
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Post by lanr3e » Tue Nov 30, 2010 4:36 pm

My understanding of the immigration rules is that you are allowed to work full time after your studies or during holidays. As you have finnised your programme...provided you started working for the second employer after your studies...I don't think you are in breach.

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Re: Over worked

Post by Tier 4 » Tue Nov 30, 2010 5:05 pm

landever wrote:Yes this is my First extension.
Landever
Then it’s pretty understandable the fuzz u making, I have to say don’t mention any thing about your 2nd job. The damage has been done, who cares about 10 year ban, you aint gona miss a lot here anywz. Besides its not a serious crime u committed. There are 1000s of people out there over working paying taxes; if all stop working tomorrow their whole economy will be on its knees, they can’t afford to expel people just like that.
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ash786
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Re: Over worked

Post by ash786 » Tue Nov 30, 2010 8:05 pm

landever wrote:Thank you so much ash786 for the reply

Actually for my other employer the pay was going in to other bank account. The bank account I am planing to present (I mean statement) have only pays from one employer. should I take that chance in the form and Tick No in Question D.18 that is

"Has the applicant ever worked in the UK without immigration permision to do so (that is, contrary to his/her conditions of stay)"

your help is much much appreciated

thanks
landever
1. Like i said earlier, HO can not check that how many hours u have been working.
2. The only time they will know about it if they ring your employer or see large sum of money going in your account.
3. If you r saying that the other job wage goes in a different account then u shud be ok.
4. HO have access to NI and TAX details but not hours worked.
5. Some case workers guess that working part time (20/10 hours) will give u that much and take it from there.

landever
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Re: Over worked

Post by landever » Tue Nov 30, 2010 9:03 pm

First of all thankyou so much ash786, Tier 4, lanr3e, mahdyhasan, bobobo, therock and avjones.

If any one works 20 hrs or less wouldn't charged any tax, I am not sure about NI but if I have been charged tax cant they take it from there. Actually I have lack of understanding on tax as well; say any one getting good pay but still working 20 or less hours... will that person be charged tax? The aim to ask this question is that tax is related to sum of money or number of hours? and what about NI.

Regarding Bank statement I have taken money out to show a reasonable ending balance. Because huge sum such as 4000 can creat a doubt anyways, so considering this I cut it to 1500 as ending balance (not sure if this was a silly act given I've already done something very wrong by working extra)

your replies are like very very encourging and informative for me and I am sure this will help lots of other people as well. I am checking this string almost every hour and waiting for replies... I am very very thankful to you guys for all the support.

thanks
Landever

mahdyhasan
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Re: Over worked

Post by mahdyhasan » Tue Nov 30, 2010 10:29 pm

landever wrote: If any one works 20 hrs or less wouldn't charged any tax, I am not sure about NI but if I have been charged tax cant they take it from there. Actually I have lack of understanding on tax as well; say any one getting good pay but still working 20 or less hours... will that person be charged tax? The aim to ask this question is that tax is related to sum of money or number of hours? and what about NI.

I don have much idea about it either.. but i think they charge taxes based on your annual earnings, not based on how many hours you work..they have set a minimum payment per hour, and are telling people that this is the limit for not paying tax.. u got it?? sorry i don't get myself :evil: ...anyway, forget it :?


Regarding Bank statement I have taken money out to show a reasonable ending balance. Because huge sum such as 4000 can creat a doubt anyways, so considering this I cut it to 1500 as ending balance (not sure if this was a silly act given I've already done something very wrong by working extra)

where have u sent the money?? to ur other account?? u get caught man..the first transaction on ur statement will show ur name definitely..they will notice that a huge amount has been transferred.. :?:

landever
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Re: Over worked

Post by landever » Tue Nov 30, 2010 11:12 pm

The money was taken out as through cheque with title as Cash, On my statement it will turn up as cash withdrawal

Regarding Tax, my tax code for one employer is BR and for other not sure as they haven't mentioned it on the payslips.

What if I resign from one job tomorrow and go to Tax office to request the change for my tax code as BR is the tax code if some is working for multiple employers. so if visa office checked the tax# that will automatically tell that there are multiple jobs. But if I do it how long it would take and is it worth doing?

Please check the second table on this link
http://www.hmrc.gov.uk/incometax/codes-basics.htm

thanks
landever

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Re: Over worked

Post by Tier 4 » Wed Dec 01, 2010 1:36 am

landever wrote:The money was taken out as through cheque with title as Cash, On my statement it will turn up as cash withdrawal

Regarding Tax, my tax code for one employer is BR and for other not sure as they haven't mentioned it on the payslips.

What if I resign from one job tomorrow and go to Tax office to request the change for my tax code as BR is the tax code if some is working for multiple employers. so if visa office checked the tax# that will automatically tell that there are multiple jobs. But if I do it how long it would take and is it worth doing?

Please check the second table on this link
http://www.hmrc.gov.uk/incometax/codes-basics.htm

thanks
landever
Oh dear, long story short just say “noâ€
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mulderpf
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Re: Over worked

Post by mulderpf » Wed Dec 01, 2010 6:56 am

I can't say that I agree with the advice given here.

You are advising someone to lie on an application and the home office definitely has the means to find out how many hours a person worked. It's called a telephone.

I would rather tell the truth and write an explanation letter and possibly be rejected rather than facing a 10 year ban for lying on an application form.

Remember that if they catch you out for deception, it will not only count against you when you apply to the UK again - most countries specifically ask the question "Have you ever been refused a visa for any other country?" and you cannot lie then as it will say so in your passport. This will just compound and get worse - it will not get easier. Being refused for deception is viewed much more harshly than being denied because of something else.

I am sorry if this seems harsh, but everyone's just jumping on the bandwagon and telling you to lie! It's not right and you might get away with, but if you don't you will cause yourself much more hassle than a simple 10 year ban. Seriously think about the consequences if you are caught out - not just short-term, but in the long term.

Lying to the home office is never ever justified - ever!

mahdyhasan
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Re: Over worked

Post by mahdyhasan » Wed Dec 01, 2010 12:29 pm

mulderpf wrote:
You are advising someone to lie on an application and the home office definitely has the means to find out how many hours a person worked. It's called a telephone.

UKBA and HMRC are two different public sectors where no one is connected to other one by any means.. every public sector has different rules and regulations and policies regarding their customers' information.. one sector cannot just call and get the information they want..one must goes through a certain procedure..

Thus HO cannot find out the hours you worked unless they really want to go that far..and I don't think HO will only deal with landever's case..they have got more important things to do..

Apart from that, if your papers seem okay and you go there in person, no one will bother to contact with your bank even...


well, I like the bottom line though...
Lying to the home office is never ever justified - ever!

bobobo
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Post by bobobo » Wed Dec 01, 2010 2:09 pm

Be careful of what you advice others mahdyhasan. HO do all different checks. It has happened some one I know, where the HO checked the NI contributions to establish the fact on how many hours was the person working. Your cow boy attitude can damage someone.
You cant just assume things......

wf
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Post by wf » Wed Dec 01, 2010 2:14 pm

bobobo wrote:where the HO checked the NI contributions to establish the fact on how many hours was the person working.
How?

Your assertion simply does not stack up given the fact that HMRC does not keep a record of hours worked.

bobobo
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Post by bobobo » Wed Dec 01, 2010 3:04 pm

the HO can get a record of NI contributions and from that can easily distinguish how many hours some one is working. remember students do not pay tax + NI if they work 20 hrs a week and until they reach a threshold. After they reach that threshold they would start paying taxes and NI. So if some one does work 2 jobs as a student then they will reach the threshold for no tax payment relatively early and then would have to pay tax and NI and thats when the HO will investigate.

The HO can also confirm the hours worked with the employer if they want it in black and white so when you try to appeal the HO can actually get it dismissed.

There must be some way in which the HO know how many people on PSW are working in Burger King and Mcdonalds....think out of the box.....

wf
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Post by wf » Wed Dec 01, 2010 3:35 pm

bobobo wrote:the HO can get a record of NI contributions and from that can easily distinguish how many hours some one is working. remember students do not pay tax + NI if they work 20 hrs a week and until they reach a threshold. After they reach that threshold they would start paying taxes and NI. So if some one does work 2 jobs as a student then they will reach the threshold for no tax payment relatively early and then would have to pay tax and NI and thats when the HO will investigate.
There is no proof of hours worked. Someone could just as easily reach the threshold early by earning a high hourly wage.

Besides from the fact that UKBA do not cross check NI numbers or tax records with HMRC.

http://www.ukba.homeoffice.gov.uk/sitec ... ector-visa
Page 3 wrote: The report states that checks were not undertaken with other government agencies e.g. NHS, benefits and tax/NI records. None of these is currently standard practice in any visa operation.
bobobo wrote: The HO can also confirm the hours worked with the employer if they want it in black and white so when you try to appeal the HO can actually get it dismissed.
Far more likley scenario.

mahdyhasan
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Post by mahdyhasan » Wed Dec 01, 2010 4:21 pm

bobobo wrote:Be careful of what you advice others mahdyhasan. HO do all different checks. It has happened some one I know, where the HO checked the NI contributions to establish the fact on how many hours was the person working. Your cow boy attitude can damage someone.
You cant just assume things......

Lets put this in other way..HO doesn't do all different checks but they can do if they really want..But like i said, HO has to do it through a proper procedure and it takes time..do u think HO just call HMRC and HMRC confirms like "ya man, i know this idiot..came from some asian country under tier 4..but doing more than 20 hours here..brother, can u plz do our nationa a big favor?? kick this idiot out from our country" ??? :roll:

anyway, i am not advising anyone..I am saying the facts..like i mentioned before, the choice is urs...

one more thing btw...u know it has happened to someone, ryt?? I know more than 100 students in UK who extended and changed their visa while they were doing more than 20 hrs .. sound's great, aha!!!

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