ILR Application

[krunalbhatt27]

Hi,

I am on tier 2 general visa and will be eligible for ILR by March 2020. I had entered UK on tier 2 general visa first time on 6 April 2015 ever since i have been working full time being sponsored by (A) rated employers and ensuring that i have not stayed out of UK of more than 180 days.

I am currently working for a big 4 accounting firm within Assurance department (internal audit and regulatory compliance) who have sponsored me tier 2 general visa which is valid till July 2020.

In addition to my main employment i had worked as a casual worker for Adhoc events for a staffing agency & recruitment company starting from December 2018 and till date i have worked only during weekends/festive seasons and completely outside my working hours of main employer. Starting December 2018 till date i have only worked in about 8 or 9 occasions on basis of tier 2 visa sponsored by main employer (big 4 Accounting firm). I had obtained approvals from main employer for working on casual/Adhoc events. Total amount that i have earned as casual worker is a maximum of £500 inclusive of taxes

As casual worker I have been paid through payroll and taxes have been paid to HMRC appropriately. I am quite stressed if this would impact my ILR application. I was not aware about supplementary job conditions as stated in gov.uk and i have immediately stopped all casual work and closed account with staffing & recruitment agency on 11 November 2019. I would be grateful if you can advise if i should highlight this fact in my ILR application about my casual working and whether this could lead to refusal. If not i would be grateful if you can please guide me.

I also have my wife delivering baby in India in February 2020 and she is currently on tier 2 general dependent visa. She intends to reenter UK in March 2020 since her visa is due for renewal by July 2020. So a lot many things depend on my ILR application

Its been most stressful week i have ever faced since knowing the issue.

[CR001]

In addition to my main employment i had worked as a casual worker for Adhoc events for a staffing agency & recruitment company starting from December 2018 and till date i have worked only during weekends/festive seasons and completely outside my working hours of main employer. Starting December 2018 till date i have only worked in about 8 or 9 occasions on basis of tier 2 visa sponsored by main employer (big 4 Accounting firm). I had obtained approvals from main employer for working on casual/Adhoc events. Total amount that i have earned as casual worker is a maximum of £500 inclusive of taxes

As casual worker I have been paid through payroll and taxes have been paid to HMRC appropriately. I am quite stressed if this would impact my ILR application. I was not aware about supplementary job conditions as stated in gov.uk and i have immediately stopped all casual work and closed account with staffing & recruitment agency on 11 November 2019. I would be grateful if you can advise if i should highlight this fact in my ILR application about my casual working and whether this could lead to refusal. If not i would be grateful if you can please guide me.

Do you realise that you have breached your visa conditions regardless of your sponsor 'approving' this adhoc work. Whether you highlight it or not, HO do check your HMRC employment record for ILR and for British citizenship and it will clearly show on your record.

For the 20 hour supplementary work, you are only permitted to work the 20 hours per week in the same profession and SOC as your main job or a shortage occupation job.

Taking a second job
You can take a second job on this visa if you’re working up to 20 hours a week in either:

the same profession as your main job and at the same level
a profession on the shortage occupation list
You can also do unpaid voluntary work.

Otherwise, you’ll need to apply for a new visa. You’ll need to be sponsored by your second employer and get a new certificate of sponsorship.

[krunalbhatt27]

I agree with you and with all honesty I did this job out of my hobby but as soon as i realised that i have committed this mistake i immediately closed all my account with causal worker and have not done any jobs at all since. Would be grateful if you can please help me if there is a way out for this as this ? As this is causing way too much stress as to how do i proceed further - should i apply for ILR or not and if i declare this with honesty will i be able to get through by any chance?

[krunalbhatt27]

Apologies i missed to mention that i have never breached the condition of working more than 20 hours a week. Whenever i have worked in have only worked 1 day during the weekend or outside main office working hours on Fridays. The area i breached is that SOC codes are different and neither is the casual work appearing in shortage list. Would be grateful if you can guide me the way forward as i would definitely not want to leave UK due to this mistake

[zimba]

Apologies i missed to mention that i have never breached the condition of working more than 20 hours a week. Whenever i have worked in have only worked 1 day during the weekend or outside main office working hours on Fridays. The area i breached is that SOC codes are different and neither is the casual work appearing in shortage list. Would be grateful if you can guide me the way forward as i would definitely not want to leave UK due to this mistake

It is not up to you to decide if there was a breach. UKVI will look at this and decide if there was a breach. What you have done is breach of the conditions of your stay as per rules

[krunalbhatt27]

Thank you - is there any way if i can get through this, would be grateful if you can guide me the way forward and if it would be right to highlight in the section of the form where they ask if 'we would like to provide any further details'? I am quite stressed about this entire situation since my wife's tier 2 dependent and to be kids' visa and future depends on my ILR.

[talreh20]

As far as I know, HMRC does not see what job you did. So HMRC is not aware of your job title. So if HMRC doesn't have this information, Home office won't have that either.

So I would have applied and risked it if I was in your shoes as if you are in breech of the conditions you won't get it anyway. If you get lucky, you'll get it.

[CR001]

As far as I know, HMRC does not see what job you did. So HMRC is not aware of your job title. So if HMRC doesn't have this information, Home office won't have that either.

So I would have applied and risked it if I was in your shoes as if you are in breech of the conditions you won't get it anyway. If you get lucky, you'll get it.

HMRC does however list employers, all employers and payment history. My daughter works for two event companies and each pay is clearly detailed under each employer with her relevant split tax codes and NI numbers. An events company will clearly indicate that it is not a highly skilled second job that a tier 2 migrant is permitted to do while holding a tier 2 general visa.

[seagul]

As far as I know, HMRC does not see what job you did. So HMRC is not aware of your job title. So if HMRC doesn't have this information, Home office won't have that either.

Call the HMRC now and request freely your employment history then you will see your all past & present jobs, earnings and employer name same as CR001 has said. Until few years back there used to be agencies who deliciously employ students/those awaiting visa outcomes and don't pay their correct taxes or not show them at all but eventually all these were/are getting cracked down.

[krunalbhatt27]

Thanks i have self registered in gov.uk and extracted tax payment history. Taxes in all instances have been reported and paid appropriately. Its all fully tax paid. I have ensured to stay compliant in that aspect and my account with casual employer has been closed.