WP -> ILR Complication: Please Help!!

[ForeignMan]

I want to apply for ILR next month under the normal 4 year work permit category.

There is only one slight complication that I am not sure about. I did a work placement year during university years before starting on the real job under a 5 year work permit. This was quite confusing for me and the university and even more so for the employer since no one new what my status should have been during the full time work placement year.

I don't plan to say anything in the application but of course HO will have the records in their database. Basically, the 4 year work permit requirement is OK but if they start digging the past, would that be a problem. If they do ask me, should I just say "doh!!" (or I didn't know about the HO requirements for a work placement year)?

What should I do?

[Chess]

Foreignman,

Work placement is allowed as part of sandwich courses (Doh!!!~)

You wont have broken any rules so long as you had a valid student visa..The work placement year does not qualify for the prerequisite number of years required for residence purposes (unless usion the 10 year/14 year rule)

Your OK mate!!

[ForeignMan]

Thanks a million Chess.

I am worried because I was of course paid for this year and in my knowledge, work permit is required for any kind of employment.

Otherwise, I have (almost) completed the 4 years (excluding the dodgy placement year).

I am thinking of going through a professional (maybe workpermit.com) to avoid any mistakes.

Do you think its worth doing that in this case?

[ForeignMan]

I am finally going to apply for BC. I was wondering whether the kind members of the board who frequent this forum have something to say about my situation.

I was panicking about ILR but obtained that with no problems. Now, I am wondering whether this dodgy placement year will come back to bite me when I apply for BC in the next few months.

It was only an year before my final year at the Univ. But, it was without any permission and of course there were tax payments. HO will obviously have tax records and I am not sure how this will meaure up in the scheme of things.

Am I panicking about nothing?

[John]

I am wondering whether this dodgy placement year will come back to bite me when I apply for BC in the next few months.

You seem keen to persist in looking for problems that don't exist! Why do you think this was "dodgy"? It was surely part of the course arrangement. Just relax! After all on a student visa you were allowed to work up to 20 hours per week during term-time, and unlimited hours outside term-time. Surely that covers your situation?

So when you say :-

But, it was without any permission

-: why do you think that was the case?

[mhunjn]

Placement year is classified as part of the degree course and so can be done with student visa. There is nothing to worry about in that!...

... unless ofcourse there is something that you are not mentioning which makes it 'dodgy'...?...

[ForeignMan]

I will shed some light on the "dodgy" side of things:

- was given 3 year visa for degree. This was not a sandwich course which is a 4 year one. I was exempted from first year since Univ. thought I should go directly into second year. Great. Saved me £8000

- so I was left with one extra year on student visa doing nothing.

- after finishing second year (my first year in the UK), decided to look for a placement. This is like taking an year out but under the auspices of the Univ. since they take you back in the Univ. after the placement.

Now I know a lot about immigration than I knew back then. It appears that at the time(6 year ago) , students were not allowed to work at all. This 20 hour thing is very new.

So I am just concerned that HO might object to me working for 12 months and getting paid while on student visa. I was actively involved with the Univ. who generally help student find placements in various companies. But its more or less up to the student to find work. This is actually a full time job.

I was worried about this when I applied for ILR. Now I am worried about BC since they carry out more extensive check I assume.

Now that you guys know everything, do you think I need to worry?

[ppron747]

When you were granted ILR your application would have been examined by people specialising in immigration matters. Your naturalisation application will be dealt with by people specialising in nationality matters. I might be wrong, but I just can't see that the process normally involves revisiting decisions that their immigration colleagues, miles away, have already made...

[mhunjn]

The rule you have mentioned was for working during term time when you had to get a work permit even as a student. I don't think that the placement year comes under that... as placement is considered to be a part of your degree course!; provided that the industry of your placement was in the relevant field as your degree... so shouldn't be a problem.