Residence Permit v Work Permit

[rizwan567]

...............

[kawasaki1]

First of all, if you were given a student visa for another 3.5 years, it will be illegal for you to work more than 20 hours per week. This is not the same as a 'residence permit' in the sense of Indefinite Leave To Remain. The able to work clause refers to the 20 hours a week.

These days the HO is being harsher towards employers with regards to immigration and you will probably be asked for some other evidence apart from you passport (such as HSMP letter etc). The passport on its own will not be enough because of the '...as authorised by Secretary of State'. For your friend, this will be the WP letter, and for you the student visa letter which will clearly say that you are not allowed full time employment.

There is no way to 'trick' them and the system.

You are right that Inland Revenue will not create problems, but to be able to work 'legally' your status cannot be that of a student! Even if you do start to work as a student, when it comes to extending your status or trying to get a WP you will hit trouble with the Home Office.

My advice is switch to WP or HSMP before work.

[Kayalami]

rizwan567 wrote:

However, surprisingly enough, he has also got same type of status and extension sticker as I have got on my passport. Both of us are on residence permits.

Wrong - you are a student which is category that does not lead to settlement in the UK so you are eventually expected to depart from the UK. Your friend is a Work Permit Holder which is a category leading to settlement. After 4 years on a WP your friend can apply for Indefinite Leave To Remain in the UK. The concept of residence permit here is that of displaying your legal presence in the UK in a uniform format across the EU according to agreed legislation.

But my question is, when I apply for full time jobs, can I use my (student) residence permit as work permit in situations where I am very sure that employer is never going to contact home office to confirm.

Sec 8 of The Immigration and Asylum Act 1996 as amended recently by regulations which came into effect as of 1 May 2004 states that employers must verify that any employee is authorised to work in the UK. The regulations lists primary documents that must be produced as evidence of such right. These include a British Passport describing the holder as a British Citizen, an EU passport or Identity Card and a foreign passport endorsed with 'Indefinite Leave To Enter/Remain in the UK'. The regulations also lists secondary documents that must be produced in pairs. In your case you must submit your ppt as well as the letter accompanying the leave granted which will clearly state student and thus limited to work for 20 hours/ week during term time and no limits during holidays.

Both you and your employer will be in breach of the rules if you take up full time employment all the time. The consequences of this include fines, imprisonment (for you and employer) and deportation/ removal (for you).

[rizwan567]

Thanks a lot for such a nice and detailed reply. I am very clear about my situation now.