Student - employment

[RAJ2007]

My friend is doing PhD and she has submitted her thesis to her examiners (internal and external)in June2008. She is waiting to hear the outcome. She may or may not need to attend a viva-voice depending on examiners wishes. The University is trying hard to get the feedback from the examiners.

She normally works part-time but she has worked full-time hours in Sept08 and Oct08. She is again working part-time now. It’s a contract job. She has never worked full-time before. Her visa is going to expire end of Nov08. She has enquired HO in Sept08 about the full-time employment while waiting to hear the outcome. The email response is mentioned below:


Her email to HO:


Hello,

My friend has submitted her thesis and now she is awaiting for her examination outcome.

Is she ok to work full-time for the next 3-4 months until she receives her results? (please note: it is a contract job)


Immigration Directors' instruction -Chapter 3 , Section 3 mentions the following:

"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."

Please advice.

Regards,

xxxxxx


Response from HO:


Dear Sir/Madam,

Thank you for your enquiry.

She can continue working full time when her studies are completed for a period of four months or until her visa expires, whichever is sooner, whilst waiting for her examination results, prior to attending her graduation ceremony or before commencement of her new course.

Yours faithfully,

xxxxxxxxx
Immigration Group
UK Border Agency


My question is that if she produces the email above to justify her two months full time employment, would HO be convinced that she didn’t try to break the rule?

[RAJ2007]

any suggestion??