Current Student after HSMP approval seeks urgent help on EC

[freetomingle]

Dear All,

My case is a little too complicated and hence I shall start from scratch.

I have received a HSMP approval dated 13 September 2007 and I shall be applying from Entry Clearance from India in December as I am travelling then for my holidays. Given below is my case history which will allow senior members to address my queries better:

I first came to London in January 2005 on a 2 year Working Holiday Visa. I worked for 2 years till December 2006 and had an annual income of £27,000 from 2 jobs (1 full-time as Operations Manager + 1 Part-time in a supermarket).

I returned to London again in Februray 2007 on the expiry of my Working Holiday Visa as a Student and am based here now as a student. Since I have not completed the course I am having to return to India to apply for EC.

Now I am faced with a tricky situation for which I am seeking the assistance of members in this forum:

1) In the document list , they ask for last 6 months' bank statements. Now my issue is that as a student I am allowed to work 20 hours per week and I did work at the supermarket for 12 hours whose salary credit is showing in my account. However, I have also done other jobs outside the stipulated hours where I got paid in cash. Now in bank statements of June, July and August there is credit showing of £1000 each every month. Will the ECO at the High Commmission make an issue out of this. When I will apply in December I will have a bank balance of around £6000. Will this pose to be a problem.

2) I had got the student visa from the BHC, Calcutta to study a MBA at a collge in London. However, since August 2007 I changed the course to ACCA in the same college. Will the BHC again raise this issue.

I shall be grateful if someone could please clarify my queries as soon as possible as I am having sleepless nights trying to understand the intricacies of the EC.

Thanks

[avjones]

There are a couple of issues here:

(1) On the WHM visa, you worked for 2 years - that is a breach of the conditions

(2) On the student visa, you worked more than 20 hours per week. Did you pay tax and NI on the additional income?

[freetomingle]

Just to clarify -

My WHM was issued prior to Feb 2005 when the new rule came into effcet on 1 year holiday and 1 year work. I got my WHM in January 2005 when you were allowed to work full-time.

As a studen I paid tax and NI only on the part-time job. I did not pay Tax and NI on the additional income and there is no record of that as it was cash in hand.

There are a couple of issues here:

(1) On the WHM visa, you worked for 2 years - that is a breach of the conditions

(2) On the student visa, you worked more than 20 hours per week. Did you pay tax and NI on the additional income?

[avjones]

You worked "I worked for 2 years till December 2006 and had an annual income of £27,000 from 2 jobs (1 full-time as Operations Manager + 1 Part-time in a supermarket). ". That is a breach of the conditions at the time of the visa - that work be "incidental to the holiday". Working full-time in 2 separate jobs isn't "incidental".

As far as the student visa is concerned, you fraudulently failed to pay tax and NI?

[freetomingle]

So is there a way out..or should I just give up on applying for the Entry Clearance.

You worked "I worked for 2 years till December 2006 and had an annual income of £27,000 from 2 jobs (1 full-time as Operations Manager + 1 Part-time in a supermarket). ". That is a breach of the conditions at the time of the visa - that work be "incidental to the holiday". Working full-time in 2 separate jobs isn't "incidental".

As far as the student visa is concerned, you fraudulently failed to pay tax and NI?

[avjones]

You can apply for EC - you just need to be aware of the potential issues and pitfalls, that's all.

[freetomingle]

What are my chances of refusal. Also if my EC were to be refused will I still be able to return to UK on my student visa which is valid till June 2008.

You can apply for EC - you just need to be aware of the potential issues and pitfalls, that's all.

[freetomingle]

You can apply for EC - you just need to be aware of the potential issues and pitfalls, that's all.

Hi Amanda,

Please can you help me with the following query:

Hi,

I shall be applying for EC from India very soon.

I have the following queries on the particular section of the VAF 2 Form:

a) Have you ever been refused visa to the UK? - Ifirst came to the UK On a Working Holiday and early this year on a Student Visa. However, I was refused a HSMP initial application thrice before finally getting approval last month. So what should I write there. Is an initial in-country application for HSMP regarded as visa refusal. Please clarify

b) Have you made any application to the Home Office in the last 10 years for Leave to Remain in the UK - Again what should I say here. I first applied for a HSMP in September 2006. Will my previous applications to the home office for initial HSMP approval be counted towards applications for leave to remain. Please clarify my queries asap.

Thanks

[T_mahmood]

Hi

What I would suggest you that apply from the UK for furthur leave to remain instead of getting Entry clearence. I am not sure why you are not thinking about it......it is more save then applying from India.

[freetomingle]

Hi,

I can't do that. As for the past 7 months I am on a student visa in UK and since I have not completed my course I have to obtain my EC from India only.

If I was allowed to switch here I would have done that immediately.

Hi

What I would suggest you that apply from the UK for furthur leave to remain instead of getting Entry clearence. I am not sure why you are not thinking about it......it is more save then applying from India.