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As far as I remember upto 2006/2007 students were allowed to work full time duing their vacations, public Holidays and after they have submitted there dessertation and waiting for recieve their degree.london_2014 wrote:How can they see if you worked 8 hours during summer time? All the other students used to work with me....cant even remeber whether this was allowed or not... 8 years ago from now....muzakhaa wrote:Hi All,
Regarding question 1.53 I can see people are quite worried but not sure why. It makes no sense,
- A normal person IQ would not remember his employers especially the oldest in last 10 years.
- Also called HMRC this morning to get the information of Employment history of past 10 years. I was advised that they dont archive data on system no longer than 5 Years old. However, for anything beyond 5 years old you need to write to a dedicated Record Retrieval department for which I think we need to fill the form and the form wants to state us Employer name and from & to dates of employment.
- I am confused this is why I am contacting them to get the information of to get an idea based on tax years which employer I worked for.
- For my understanding one should provide the information to the best of his knowledge as the form states.
so you mean to say that HO will take yearly NI and tax (from HMRC) and divide it by standard yearly weeks hours to find out about how many hours each person worked? in doing so they will have to go back to HMRC, obtain the necessary documents, do the maths, apply rules applicable durin that time and then make a decision???? may be this is possible but seems difficult given ppl can hardly remember information so far back....cs95tdg wrote:I'd say they would look at both of the following when it comes to employment:london_2014 wrote:I believe it is to see whether you paid income taxes and NI rather than seeing whether you worked more hours than allowed as can be seen in the extract from the AN guide (p.7)theprideofpak wrote:It looks like, now they'll start rejecting citizen applications on the basis of breach of immigration rules, if somebody had been working full time when he/she were not suppose to or were not suppose to work at all....
1.48- 1.53 You must provide details of your current and previous employment during the past 10 years
If you do not pay income tax through PAYE you must demonstrate that you have discharged your obligations towards the H.M. Revenue & Customs, by attaching a Self Assessment Statement of Account.
1) Whether you paid the necessary taxes/NI on income
2) Whether you were employed while you had no right to work under the immigration rules that applied to you at the time. I cannot comment on how they would know/or if they would check how many hours someone worked. There are many different restrictions that apply to those who are in the UK under different immigration categories (e.g. Visitors, asylum seekers, students, those who have no leave to remain by overstaying etc...) They will most probably look to see if the applicant was in breach of immigration rules based on their immigration history combined with employment history.
What if someone works for 2.5 months (35 hours each week) after exams but before dessertation (during summer) in 2006?muzakhaa wrote:As far as I remember upto 2006/2007 students were allowed to work full time duing their vacations, public Holidays and after they have submitted there dessertation and waiting for recieve their degree.london_2014 wrote:How can they see if you worked 8 hours during summer time? All the other students used to work with me....cant even remeber whether this was allowed or not... 8 years ago from now....muzakhaa wrote:Hi All,
Regarding question 1.53 I can see people are quite worried but not sure why. It makes no sense,
- A normal person IQ would not remember his employers especially the oldest in last 10 years.
- Also called HMRC this morning to get the information of Employment history of past 10 years. I was advised that they dont archive data on system no longer than 5 Years old. However, for anything beyond 5 years old you need to write to a dedicated Record Retrieval department for which I think we need to fill the form and the form wants to state us Employer name and from & to dates of employment.
- I am confused this is why I am contacting them to get the information of to get an idea based on tax years which employer I worked for.
- For my understanding one should provide the information to the best of his knowledge as the form states.
He didn't say that - in fact it is not feasible to work out exceeding working hours from HMRC tax info.london_2014 wrote: so you mean to say that HO will take yearly NI and tax (from HMRC) and divide it by standard yearly weeks hours to find out about how many hours each person worked? in doing so they will have to go back to HMRC, obtain the necessary documents, do the maths, apply rules applicable durin that time and then make a decision???? may be this is possible but seems difficult given ppl can hardly remember information so far back....
Among the duties and obligations which you are expected to fulfil is payment of income tax and National Insurance contributions. We may ask H.M. Revenue & Customs for confirmation that your tax and National Insurance affairs are in order. When you sign the application form you will be giving your consent for us to approach them.
1.48- 1.53 You must provide details of your current and previous employment during the past 10 years
If you do not pay income tax through PAYE you must demonstrate that you have discharged your obligations towards the H.M. Revenue & Customs, by attaching a Self Assessment Statement of Account.
And what if that previous employmer doen't exists anymore ?HarryC wrote:spoke with UKBA
they want the joining date and leaving date of all the past employments. If cant be provided, they want a covering letter stating that the applicant cannot remember the dates. this tells me they dont need this just for tax purposes
I guess they could call the previous employment and ask for the dates if you dont provide one? also could check the number of hours worked to satisy the immigration restriction?
No, that's certainly not what I mean't. There is no standard formula that they can apply to establish whether you have exceeded the hours you were allowed to work. I honestly cannot comment on this specific student concern alone. My comment was a general one highlighting the fact that there will be different work related restrictions that apply to those who were on different types of visas.london_2014 wrote:so you mean to say that HO will take yearly NI and tax (from HMRC) and divide it by standard yearly weeks hours to find out about how many hours each person worked? in doing so they will have to go back to HMRC, obtain the necessary documents, do the maths, apply rules applicable durin that time and then make a decision????.cs95tdg wrote:I'd say they would look at both of the following when it comes to employment:
1) Whether you paid the necessary taxes/NI on income
2) Whether you were employed while you had no right to work under the immigration rules that applied to you at the time. I cannot comment on how they would know/or if they would check how many hours someone worked. There are many different restrictions that apply to those who are in the UK under different immigration categories (e.g. Visitors, asylum seekers, students, those who have no leave to remain by overstaying etc...) They will most probably look to see if the applicant was in breach of immigration rules based on their immigration history combined with employment history.
Not just hours? What about days? if someone wasnt entitle to work in a 1 year out of 2 years visa to start with , the dates too will tell them on the employment history?cool mind wrote:It reminds me also to the time when ukba for the first time and then included the section of national insurance number in student visa form but nothing wrong was happened. On the other hand p60s and employment histories are never kept on the basis of hours worked rather on the basis of gross/net income & other similar ingredients?? In my opinion it is basically designed to check taxes but I think any over working belong to recent time then it may come to surface more easily but I don't think if over working occurred several years back like 5-6years will be traceable.
I understand that we are quite Naive on this issues. However Just to keep in mind that most of the company in UK held data for employees upto 5 years. After that they just simply discard their data from the system. So I guess in most of the cases the information is impossible from previous employer. Again I would stress on the statement as per the AN form to Complete the form to the best of your knowledge. In my case I cant recall which employer(s) I worked for especially between 2005-2006 I know employer name but dont know address if this the address of premisses then it is owned by a different business. But I will try my best to provide as much information as I can.cs95tdg wrote:@cool mind, I agree that the primary purpose of introducing this section is to check whether the applicant has paid the necessary income tax.
However, at the same time I believe it will also aid the HO with the other checks that they would do, to satisfy themselves that the applicant is of Good character (they have always done these checks, but since December 2014, the changes state that any immigration related breaches, would result in a refusal upto 10 years). So hence why I believe the 10 years of employment history information captured under this section would help the HO conduct both these checks. I'm steering clear from any reference to student hours here, as I've already said what I believe on that subject. There are many aspects that are checked when it comes to Good character - not limited to checks with HMRC & other government agencies, Immigration history, Criminal history... IMHO this section in the new form certainly helps the HO with these checks.
I called my employer which i worked for in 2009-2010 and they had all my details !!cool mind wrote:I agree with the above poster that many companies don't keep data of employees taxation or work hour for more longer period like five years. But what I guess and repeating again that if such over working is recent then it can come to surface easily while if over working belong to time let say 5-6 years then it will be almost impossible. I think tax department don't share information much with ukba and therefore, ukba need pacific employment dates to get taxes be checked in such precise and limited channel by knowing the jobs of 10 years
Have you tried to ask them that in a particular week how much you worked, which days? Have you asked that can they exchange such information to third party about you?HarryC wrote:I called my employer which i worked for in 2009-2010 and they had all my details !!cool mind wrote:I agree with the above poster that many companies don't keep data of employees taxation or work hour for more longer period like five years. But what I guess and repeating again that if such over working is recent then it can come to surface easily while if over working belong to time let say 5-6 years then it will be almost impossible. I think tax department don't share information much with ukba and therefore, ukba need pacific employment dates to get taxes be checked in such precise and limited channel by knowing the jobs of 10 years