Immigrationboards.com

hi guys

i need some help too.
my elder brother is finishing his 10 year lawdull residency in august this year. he was on psw for 2 years until this year february. he then applied and got the student visa on tier 4.
when he had the PSW, he was working full time and now that he is on student visa, his employer hasnt asked for updated visa, and he is working full time while being on student visa and his visa doesnt allow him to work at all.

i wanted to know if it is going to be a problem when he will apply for indefinate in august on the basis of long residency due to him working full time while on a student visa.

i kept telling him to stop working but he says that he will not get this job back if he leaves now.

really would like some help guys on this if you can.!!!!!!!!!!!!!

He is taking a big risk. He may be subject to removal.

There is no in-country appeal against removal for failure to comply with conditions of leave to remain.

Moreover, 276B(iii) and 276B(v) fail.

RK (Nepal)), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 359 (30 April 2009).

Thapa, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 659 (Admin) (11 March 2014)

Jan, R (on the application of) v Secretary of State for the Home Department ((section 10 removal) IJR ) [2014] UKUT 265 (IAC) (30 May 2014)

Khan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2494 (Admin) (23 July 2014)

Ali, R (on the application of) v Secretary of State for the Home Department (s3C extended leave: invalidation) (IJR) [2014] UKUT 494 (IAC) (8 October 2014)

Mehmood & Anor, R (on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 744 (14 July 2015)

Ahmed & Anor v The Secretary of State for the Home Department [2017] ScotCS CSOH_30 (16 February 2017)

so basically he can get refused.
becasue he keep on saying that on ILR long residancy application, Ho doesnt check the working history.
really appriciate your help sir.

He's still breaching his conditions that the important part, whether or not the HO check his employment history. It's a risk that something could trigger a check.

As mentioned above, he is in breach of his visa conditions and subject to removal. What he can do to avoid it is not include his National Insurance number on his ILR application, since that is the only thing tying him to his earnings and something that the Home Office can check. Although doing that may seem suspicious and they may end up asking him for it, to which he might be able to get away with by saying he doesnt have one... shaky ground... :-/

Thank you all for the replies
He has finally got some sense and gave notice

1 question is that he got the current tier4 visa granted on 18th of feb 2014 and he should be finishing work end of 31st march 2014 is there going to be still an issue because he has still been working for about a month since he received the tier4 biomatric card.