ILR LR Application

[Casa]

Also a helpful article from Freemovement on the recently tightened up good character rules:
https://www.freemovement.org.uk/good-ch ... htened-up/

Which includes:
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission

We have a motto "To be forewarned is to be forearmed'.

[RRSB2012]

Oni82,

What CR001 and CASA are doing are simply providing the answer to your question and that is you may face problems if you have worked more than allowed hours.
Now this might be something one wouldn't like to hear, but that is the correct answer to your question. You would appreciate that moderators will not knowingly give you an incorrect answer.

Now, I would say go ahead and apply and I wish you best of luck and I hope you get through.

Please feel free to let the forum know if you have more questions.
Take Care & best of Luck
R

[shaba ranks]

Hi,
After reading all the above, sometimes the replies felt a bit on the harsh side but such is life as truths are not always softer side. Don't really know but personally I would like to think that we could have a bit more helping attitude rather than volunteering like UKVI's & HMRC's agents.
I've a question to ask anyway----
In almost all the previous Student Visa Rules & Tier4 rules there were a clause "20 hrs work during term time/when the classes are on" but what if someone worked full time or unlimited hours during vacations or after semesters finished?
With all those very efficient System in place!!! how would HMRC or UKVI would be able to distinguish in between?
Would really appreciate the moderators/senior members thoughtful/experienced insight.
Thanks again

[Obie]

It is only if home office has evidence that in the past a person has worked overtime and either give them a warning or curtail their visa, would it be used in future.

To the best of my knowledge HMRC does not keep record of number of hours a person works.

Section 40 of the UKBA act 2007 , limit the remit of the HMRC, to the provision of tax information to home office.

[Casa]

It is only if home office has evidence that in the past a person has worked overtime and either give them a warning or curtail their visa, would it be used in future.

To the best of my knowledge HMRC does not keep record of number of hours a person works.

Section 40 of the UKBA act 2007 , limit the remit of the HMRC, to the provision of tax information to home office.

Although the 2007 Act still refers to the 'old' UKBA. I would have thought that with the increased 'good character' rules, the following would permit information sharing:
The purposes for which information may be disclosed
Information can be disclosed under the provisions of s.40 UKBA for the following purposes:
For immigration purposes, such as administering immigration control under the Immigration Acts (and preventing, detecting, investigating or prosecuting offences under those Acts)
Determining whether an applicant for naturalisation under the British Nationality Act 1981 is of good character
Doing anything else in connection with the exercise of immigration and nationality functions


From the link to to the thread I posted previously it appears that all previous employment data can be easily retrieved from the applicant's NI number.
'Part-time' work for a full time student @ £29.50 per hour is likely to raise some questions.

[Obie]

Well I am not seeking to defend the OP or condole any wrong doing, but i have not seen a case, where HMRC was able to provide the number of hours work. Such information can only be provided by the employer, or if the Home office was able to get hold of a contract of employment, or the person's leave had been curtailed previously for overtime working.

At the moment the Home office are focusing on Tier 1 general applicant, whose applications were granted on the basis that they allege to have earned certain amount which later transpired to be wrong.

I have seen few refusal on basis of over work, but that was because the student was caught on the act, and was either warned, or given an automatic curtailment letter, and subsequently married a settled person.

That is my take.

[oni82]

Guys, thank you for all your input! Obi, I love when you have your take on things . I have requested a "Employment History" letter from HMRC today and will keep you updated when I see what it will show on it!

It might sound strange but when i spoke to them one the phone the guy said (there's no employment history prior to 2010 in his computer but he said that the main database will have it all! Therefore he advised me to request it by filling a form).

[oni82]

P.S do we actually know of anyone that has been REFUSED on the bases of overwork after a database check from CW? It might be of a great help if we actually have some real life cases.

[argus7]

I'll make one last comment. Visas may have been issued in the past, but ILR & PR checks now delve more deeply. Hence a member's reference to Tier1-G ILR refusals after applicants have been given visa extensions previously. We are now seeing cases on the forum where ILR is being revoked after British citizenship refusals, where applicants have been found to be in contravention of their visa rules. .

Could you share a link which post that was were ILR was revoked after BC refusal?

[Casa]

I'll make one last comment. Visas may have been issued in the past, but ILR & PR checks now delve more deeply. Hence a member's reference to Tier1-G ILR refusals after applicants have been given visa extensions previously. We are now seeing cases on the forum where ILR is being revoked after British citizenship refusals, where applicants have been found to be in contravention of their visa rules. .

Could you share a link which post that was were ILR was revoked after BC refusal?

In this case it was for TOEIC
http://www.immigrationboards.com/genera ... %20revoked

[argus7]

Ok thanks for the link, I am just looking if there any statutory instruments and a statute that says if missing employment during any years on Tier1 G or if employer has not paid any taxes, what happens during BC.

Are you aware of any?

[oni82]

@Casa or other moderators or any other knowledgeable person on the board. Does HO have direct access to the HMRC database or do they request any history by phone, letter etc?

[RRSB2012]

i believe they have direct access to HMRC Data base

[Obie]

i believe they have direct access to HMRC Data base

No they don't. They can only request this information under section 40 of the UKBA act 2007.

There is a specifically assigned phone number for them.

[oni82]

I am good then when I called HMRC they said they cannot see any records for me prior to 2010. The guy said if I want prior to that i need to write to: "Record Retrieval Service" and that takes a while!

[Obie]

I am good then when I called HMRC they said they cannot see any records for me prior to 2010. The guy said if I want prior to that i need to write to: "Record Retrieval Service" and that takes a while!

Up front HMRC can provide record for last 5 years.

Records beyond that does exist, but it is in archive.


Some thread not directly related but may be of interest.
http://www.immigrationboards.com/britis ... 94296.html

[O_Relly]

@Casa or other moderators or any other knowledgeable person on the board. Does HO have direct access to the HMRC database or do they request any history by phone, letter etc?

They have direct access and can see the earnings declared to HMRC and tax paid on earnings etc.

[oni82]

Not according to my accountant!

[Casa]

Not according to my accountant!

Do they have inside information on the operational methods of the HO?

[oni82]

He said that HO has no direct access to HMRC files or records but they have to request it to HMRC via phone or letter first and they will provide it to them. He was quite confident about it. Also he added that from April 1st every employee will have an account online to view his own records directly

[oni82]

My friend's wife worked at heathrow as a CW I will give her a call and see if she knows anything about that.

[O_Relly]

I am talking from personal experience at my ILR PEO appointment, where case worker was looking at April to April data from her HMRC system and came upto me and said it didnt match with the earnings I had claimed in my 1st extension. My extension was in June and I had to re-submit accountant letter which she took with her, went back and checked against the system and came back and clarified that it was her misunderstanding.

I take this as them having direct access to HMRC systems and data. With the number of people having PEO appointments every single day it seems highly unlikely they will pick up the phone to get in touch with HMRC for details about applicants.

[oni82]

I am talking from personal experience at my ILR PEO appointment, where case worker was looking at April to April data from her HMRC system and came upto me and said it didnt match with the earnings I had claimed in my 1st extension. My extension was in June and I had to re-submit accountant letter which she took with her, went back and checked against the system and came back and clarified that it was her misunderstanding.

I take this as them having direct access to HMRC systems and data. With the number of people having PEO appointments every single day it seems highly unlikely they will pick up the phone to get in touch with HMRC for details about applicants.

What visa category was your extension?

[oni82]

Is this of any help re what we are discussing here:

https://www.whatdotheyknow.com/request/ ... 31v1.0.pdf

[O_Relly]

Mine was from Tier 1 General to ILR. With regards to the link posted in the previous comment, interesting. Its worthy to note that there have been changes since that request and the UKBA is now UKVI and perhaps new improved processes are in place. It perhaps still takes time for HMRC to retrieve archived data.

In any case it shows the home office talk to HMRC and info provided by hmrc is critical for decisions made on applications.