Student working breached visa conditions

[USER110]

Hi,
I am asking this on the behalf of my friend. He is not good with computers. He wants to apply for the Naturalisation on the basis of 5 years. He got his ILR in April 2015 on the basis of Tier 1 General (3 + 2 years). His Tier 1 General visa was issued in March 2010 so he has covered more than 5 years now.

However, when he first arrived in the UK in 2005 on student visa, he worked more than 20 hours during Aug 2005 and Sept 2006. After which he got lots of visa extensions all legal stay with valid passport.

We know from this forum that working more than 20 hours on student visa is a breach, will this cause his application to be rejected if he applies today (29-04-2016) for Naturalisation using AN Application From?

If yes then what is the solution if there is any?

Thanking you in anticipation.

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[SSWSZ]

i am answering according to my personal experience .applied in januray today i got the approval .i did more then allowed working hours in past but as u know it didnt create any problem .i think HO only concentrate on illegal working right now maybe in future they will check or introduce something regarding extra hour work .hope this helps

[USER110]

Thank you SSWSZ for sharing your experience.

Regards
User110

[ohara]

Please bear in mind that the rules are clearly set out. HO can refuse applications if the applicant has been in breach of immigration law in the last 10 years. There is discretion which they can choose to exercise when they want (normally if there are no other countervailing factors) which looks to be the case with SSWSZ.

Obviously this is up to them and not you and it is entirely your own gamble if you choose to proceed with your application knowing that there are solid grounds for it to be refused. Just because one person has been lucky, it doesn't mean you will too.

You should weigh up the odds. If you're happy to potentially lose £1236 then go ahead. It's your choice.

[USER110]

Thank you! I have passed on the replies and I think its best to wait for and apply only when past 10 years are cleared of any break of the immigration law.

[f.khan88]

Hi
So far no case has been heard refused even they worked extra, but as other user said its really a gamble, although it would be very hard for Ho to proof that someone worked more than 20 hrs while student, as bear in mind few years back student were allowed to work 20 hrs during studies and full time during vacation which was almost 3-4 months span(Christmas , summer etc) and if someone worked maxi hrs say 70 plus or etc then he/she could earn what someone can earn in 40 hrs job in the year in total .....

[Magarmach]

Hi
So far no case has been heard refused even they worked extra, but as other user said its really a gamble, although it would be very hard for Ho to proof that someone worked more than 20 hrs while student, as bear in mind few years back student were allowed to work 20 hrs during studies and full time during vacation which was almost 3-4 months span(Christmas , summer etc) and if someone worked maxi hrs say 70 plus or etc then he/she could earn what someone can earn in 40 hrs job in the year in total .....

Its is actually very easy for HO to find your work history, if they want to. A simple request to HMRC will provide them the details of income per calendar month (including total hours worked). If rules are created the means to check if they are followed are also created. So yes they can find out if rule of 20 hours was followed or not. Any misrepresentation or not stating facts can earn you a 10 years ban. So be very careful in time calculations, before you apply.

[f.khan88]

Magarmach

You might be right, but Real time information about employees has been recently introduce, 7-8 years ago Employers only provide PAYE details on yearly basis, that would make impossible to find out how many hours someone worked unless their pay slips has been required.

[Annonymous]

I completely agree with f.khan

I my self work for the HMRC and I know how we HMRC is when its coming down to providing information about any one.

So I am guessing just stop doing this scaremongering.

that's all I can say

[USER110]

Hi Everyone,
This one is for someone who may be going through the same situation. The application has been successful wiht the following timelines

NCS: 28th April 2016
Fees debited: (£1236)13th May 2016
Biometric given: 20th May 2016
Confirmation letter for the Naturalisation Ceremoney Received at home: 17th August 2016

Process almost completed!