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Student visa -waiting for result

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RAJ2007
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Student visa -waiting for result

Post by RAJ2007 » Sun Sep 21, 2008 4:56 pm

My friend has submitted her PhD thesis and now waiting for her result. She has started full-time work from Sept. She expects to get her results in October.
According to the following rule mentioned in the immigration rule, it looks ok to me.

"18.1 Employment
Students over the age of 16 who are on code 2 conditions may take part-time or full
time vacation work without needing to seek the permission of the local Jobcentre.
Similarly they will be able to take up work placements which are part of a sandwich
course or to undertake internship placements without the need to obtain permission
from Work Permits (UK).
Students should not work for more than 20 hours a week during term time, except
where a work placement meets the definition of a sandwich course or internship
(please see paragraphs 18.2 and 18.3 below for these definitions). They may work
full time during their vacation period and during the additional 2 or 4 months following
completion of their studies whilst, for example, waiting for their examination results,
prior to attending their graduation ceremony or before commencement of their new
course. A student must not engage in business, self-employment or the provision of
services as a professional sports person or entertainer. A student is not permitted to
pursue a career by filling a permanent full-time vacancy."

What do you all think , is it ok?

paulp
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Post by paulp » Sun Sep 21, 2008 10:44 pm

Has she had her viva yet?

RAJ2007
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Posts: 406
Joined: Mon Jul 30, 2007 1:02 pm

Post by RAJ2007 » Sun Sep 21, 2008 11:02 pm

she has re-sumbitted her thesis after doing major correction, which took around a year. hopefully she would not be asked to appear for another viva.

paulp
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Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Mon Sep 22, 2008 12:09 am

It's looking good.

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Frontier Mole
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Post by Frontier Mole » Mon Sep 22, 2008 12:57 am

Is she doing a full time permanent role or is she doing agency work?
If it is anything other than a temporary or fixed contact role she is technically breaking the rules.

It is not how she considers the role e.g. "I am only doing this job until I get my results", it is more how the role was advertised or contracted into. Taking a full time job at Tesco or MacDonald’s might be very temporary in the mind of the employee however if the job is offered on permanent terms then in terms of the law both employment and immigration it is a permanent position.

What is she intending to do after her results? I am only asking as it might be detrimental to her future immigration status if it is found that she has contravened the employment rules. If she is off to pastures new and not looking to the UK for her future it is likely not to matter.

RAJ2007
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Posts: 406
Joined: Mon Jul 30, 2007 1:02 pm

Post by RAJ2007 » Mon Sep 22, 2008 6:47 am

Frontier Mole wrote:Is she doing a full time permanent role or is she doing agency work?
If it is anything other than a temporary or fixed contact role she is technically breaking the rules.

It is not how she considers the role e.g. "I am only doing this job until I get my results", it is more how the role was advertised or contracted into. Taking a full time job at Tesco or MacDonald’s might be very temporary in the mind of the employee however if the job is offered on permanent terms then in terms of the law both employment and immigration it is a permanent position.

What is she intending to do after her results? I am only asking as it might be detrimental to her future immigration status if it is found that she has contravened the employment rules. If she is off to pastures new and not looking to the UK for her future it is likely not to matter.

She was doing this job on part-time basis for last few years. Her contract is extened every year. Now her contract is until mar 09. she has started doing full-time in sept, hoping that she will apply for PSW in october after obtaining the result. would that be a problem?

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Frontier Mole
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Post by Frontier Mole » Mon Sep 22, 2008 8:07 am

It is a year by year contract so that is fine. Good luck for her Phd and future plans.

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