advice needed on ILR route

[SydneyShaw]

Dear all,

I am a new member and would like your expert opinion on the ILR route I should take:

Route 1

I am now eligible to apply under the long residency 10 year route to ILR and fulfill all the requirements. The issue is that during my stay as a student, I worked more than permitted 20 hours ... could this be an issue although I was granted an extension on the visa without any issue.

Route 2

If I apply ILR on a the basis of 5 year tier 2 (which I am not eligible for at the moment), will HO check the history or will this working overtime during my stay on student visa not be an issue if I follow this route.

looking forward to your opinion.

Kind regards.

[vinny]

How many hours over did you work?
Was it during term-time and before you finished your courses?
Do you have dependants?

[SydneyShaw]

How many hours over did you work? full time
Was it during term-time and before you finished your courses?during term time.
Do you have dependants?

yes, my wife.

[CR001]

If you apply for long residence ILR, your wife will have to switch to FLR(M) and meet all the requirements. This will reset her clock with a new 5 year residence period before qualifying for ILR (unless 10 years is reached first).

Have you clicked on vinny's link (clue is 'work' which is underlined)? How many hours over did you work?

You do realise that this can also affect any future Citizenship application.

Don't confuse the grant of extensions with ILR or Citizenship rules.

[SydneyShaw]

Have you clicked on vinny's link (clue is 'work' which is underlined)? How many hours over did you work? Yes I checked the link. I have over worked by 20 hours during term time

You do realise that this can also affect any future Citizenship application. yes i do which is why i am requesting some advice on how to go forward with my application

Don't confuse the grant of extensions with ILR or Citizenship rules. If I just look at the ILR (LR) rules, it does not state anywhere about the working over time during the term time. As long as the stay is legal and continuous, ILR (LR) should be granted but then I have read some posts on this forum where working overtime during the term time has been an issue. My solicitor has also highlighted this ... please advise.

[CR001]

You are missing the point. Your worked more than 20 hours in term time which means you were in breach of your visa conditions.

[SydneyShaw]

so if i apply using the 5 year tier 2 route, is this still an issue?

[noajthan]

Don't confuse the grant of extensions with ILR or Citizenship rules. If I just look at the ILR (LR) rules, it does not state anywhere about the working over time during the term time. As long as the stay is legal and continuous, ILR (LR) should be granted but then I have read some posts on this forum where working overtime during the term time has been an issue. My solicitor has also highlighted this ... please advise.

There are general immigration regulations to comply with as well as the specifics for any particular visa.

[SydneyShaw]

it appears have no option then ...

ok thanks for the advice.

[noajthan]

it appears have no option then ...

ok thanks for the advice.

Did you declare your illegal working in any/all of various previous visa application/s?

You can't dodge a bullet just by weaving around different visa routes.
You may have options but you will (more than) likely face consequences and future delays.

[nasirkhan]

it appears have no option then ...

ok thanks for the advice.

Go for the first category you can apply ILR for and keep your fingers crossed and palms facing upwards.