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Breach of working hours condition under Tier4 Student Visa

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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Dai9713
Newly Registered
Posts: 4
Joined: Thu Jul 04, 2019 10:36 am
Vietnam

Breach of working hours condition under Tier4 Student Visa

Post by Dai9713 » Thu Jul 04, 2019 11:09 am

Hi all,

Last year I worked over 20 hours during term time for a couple weeks (which is prohibited under my Tier4 Student visa).
In May 2019, my university found out about my breach. After a meeting and considering all factors they have decided to keep sponsoring me for the rest of my course but have reported to the Home Office and UKVI.

Prior to this, I have already accepted an offer to do my Legal Practice Course(LPC) starting this September.
Now neither the Home Office or UKVI has got back to me regarding this breach, I’m not sure if I proceed to do my LPC how this would affect me once they get back to me.
What are the possible consequences that could happen to me if I do start my course in Sep? (Would they cancel my visa etc.?)
Also how would this affect my visa application (for another tier4 visa)? (How likely will my visa application be rejected by the LPC provider/Home Office/UKVI)?

Thank you in advace!

Best regards,

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: Breach of working hours condition under Tier4 Student Visa

Post by sah10406 » Fri Jul 05, 2019 10:11 pm

Dai9713 wrote:
Thu Jul 04, 2019 11:09 am
What are the possible consequences that could happen to me if I do start my course in Sep? (Would they cancel my visa etc.?)
If by "they" you mean a new university, that is a question for them, but it seems unlikely they would even ask about previous breaches. They may ask about your previous immigration history.
Dai9713 wrote:
Thu Jul 04, 2019 11:09 am
Also how would this affect my visa application (for another tier4 visa)? (How likely will my visa application be rejected by the LPC provider/Home Office/UKVI)?
For entry clearance it would be a mandatory refusal under paragraph 320(7B), unless you waited more than 12 months before applying. For leave to remain, it would be only a discretionary refusal under 322(3). Either way, of course you must declare the breach of work conditions when asked about it.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Dai9713
Newly Registered
Posts: 4
Joined: Thu Jul 04, 2019 10:36 am
Vietnam

Re: Breach of working hours condition under Tier4 Student Visa

Post by Dai9713 » Fri Jul 05, 2019 10:39 pm

sah10406 wrote:
Fri Jul 05, 2019 10:11 pm
Dai9713 wrote:
Thu Jul 04, 2019 11:09 am
What are the possible consequences that could happen to me if I do start my course in Sep? (Would they cancel my visa etc.?)
If by "they" you mean a new university, that is a question for them, but it seems unlikely they would even ask about previous breaches. They may ask about your previous immigration history.
Dai9713 wrote:
Thu Jul 04, 2019 11:09 am
Also how would this affect my visa application (for another tier4 visa)? (How likely will my visa application be rejected by the LPC provider/Home Office/UKVI)?
For entry clearance it would be a mandatory refusal under paragraph 320(7B), unless you waited more than 12 months before applying. For leave to remain, it would be only a discretionary refusal under 322(3). Either way, of course you must declare the breach of work conditions when asked about it.
Thank you for your reply! I just need to make sure before I accept my offer to do my new course, sounds risky but I really want to do this course

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: Breach of working hours condition under Tier4 Student Visa

Post by sah10406 » Sat Jul 06, 2019 6:55 am

Dai9713 wrote:
Fri Jul 05, 2019 10:39 pm
I just need to make sure before I accept my offer to do my new course, sounds risky but I really want to do this course
It's a pretty low risk if the new Tier 4 application is in the UK. My feeling is that it would need to be a fairly blatant, consistent and unrepentant breach of conditions for the caseworker to decide to use their discretion to refuse the application.

As I say, if it's in your home country within 12 months of leaving the UK, it's a mandatory refusal.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Dai9713
Newly Registered
Posts: 4
Joined: Thu Jul 04, 2019 10:36 am
Vietnam

Re: Breach of working hours condition under Tier4 Student Visa

Post by Dai9713 » Sat Jul 06, 2019 8:20 am

sah10406 wrote:
Sat Jul 06, 2019 6:55 am
Dai9713 wrote:
Fri Jul 05, 2019 10:39 pm
I just need to make sure before I accept my offer to do my new course, sounds risky but I really want to do this course
It's a pretty low risk if the new Tier 4 application is in the UK. My feeling is that it would need to be a fairly blatant, consistent and unrepentant breach of conditions for the caseworker to decide to use their discretion to refuse the application.

As I say, if it's in your home country within 12 months of leaving the UK, it's a mandatory refusal.
Thanks a lot! I’m still in the UK so that should be ok then.

LuckyLucy99
Newly Registered
Posts: 2
Joined: Sat Sep 21, 2019 7:54 pm
Brazil

Re: Breach of working hours condition under Tier4 Student Visa

Post by LuckyLucy99 » Sat Sep 21, 2019 11:13 pm

Hiya, may I ask how your school find out about the breach?

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