Immigrationboards.com

Hello House,
A quick question really. I'll be due to apply for my 10 year ILR in December 2020. Currently on my renewed spouse visa.

I work full time with in the UK public sector (37.5 hrs) and I just got a 2nd part time job as a Health Advisor (15hrs) as I need the extra money to save up for my ilr application and sort out other financial worries. However, it is likely that I'll be working more than 48hrs over a 17 week period which may be in breach of the Working time directive. Is this a potential problem for my ilr application?

So close and do not want to create unnecessary problems for myself.

Thanks for your help.

To the best of my recollection, you can sign a letter/form waiving your right to work less than 48 hours a week under the Working Time Directive. See this link from a quick web search).

You would need to submit such a letter to both your employers and both employers should be aware that you are working over the 48 hours limit.

Also be sure to check your PAYE details. For your main employer, your tax code would be your normal taxcode according to the total salary that you would earn from both jobs. For your secondary employer, your taxcode would likely be BR, which would mean that you pay a flat 20% income tax on that salary.

Be sure to keep all the P60s and salary slips from both employers and be sure that your tax is paid correctly, as discrepancy in tax payments can also lead to refusal of ILR. If particularly complex, you may need to hire an accountant. But it may be a worthwhile expense to make sure that your ILR is not refused on that basis.

I had done similarly on my pathway to ILR, when at a period of about nine months to a year, I was working for 80+ hours a week, with not a single holiday (I was working the weekends at the other job) and overtime at both jobs. Mind you, that was more than a decade ago.