SET M query

[gaveen2018]

He got away all the three times. Or very lucky as visas come under different rules to ILR and citizenship which both have more stringent checks.

Regardless of the application type, he HO checks work and etc through the NI. Not always.

What are the chances of being caught out in the ILR? based on previous history - None. Strong chance given that the OP has to declare to answer the relevant question honestly and if he does then he has a problem. If he does not and HO check, then he still has a problem.

But if he gets caught out, then not only visa refused but also 10 year ban.! This is relevant to citizenship and not ILR.

What if i dont go for set lr . Instead extend my flr m?? And then set m!! Do they still consider set lr anyway coz they will see 2008-2018 10 years residence. Or they stick with what catagory i have applied under. Thanks

[makky86]

As there are confusions around the work week and etc. This is how UKVI defines a work week

https://www.ukcisa.org.uk/Information-- ... n-you-work

How is a 'week' defined?
Last modified: 17 August 2017
Since 6 April 2017, 'week' has been defined in the Immigration Rules as "a period of 7 days beginning with a Monday".

If you work irregular hours and/or have more than one employer, you will need to keep detailed records of how many hours you work each day so that you can be sure that you are not in danger of breaching your work condition by exceeding 10 or 20 hours in any seven-day period, starting on a Monday.

Before this change was announced on 16 March 2017, we asked the Home Office how it defined a 'week' when calculating whether a Tier 4 student has complied with the limit of 10 or 20 hours a week of work in term time.

The answer we received on 17 May 2016 was "Though there is no definition in the Immigration Rules or guidance, our Policy colleagues have previously described a “week” in this context as being any rolling 7 day period".

Note that the Home Office was aware that this policy interpretation of 'week' had no basis in its own legislation or guidance, so other reasonable interpretations should be accepted for work carried out before 6 April 2017, but not on or after that date.

Read the OP Question. His concern is that he worked while he was on tier 4 and it was written on it "No work permitted" OP was not supposed to work at all.

[gaveen2018]

Helllo all again,
I posted a topic few days ago about SET LR. After seeing all the comments it looks set lr will refuse based on general ground for refusal (Condition breached, worked when 'not entitled)'.
I am on flr m at the moment and will extend it next year. So 5 year will complete in 2021. When i apply for set m in 2021 will that ' breach' be a issue??

[makky86]

Helllo all again,
I posted a topic few days ago about SET LR. After seeing all the comments it looks set lr will refuse based on general ground for refusal (Condition breached, worked when 'not entitled)'.
I am on flr m at the moment and will extend it next year. So 5 year will complete in 2021. When i apply for set m in 2021 will that ' breach' be a issue??

Ideally it should be fine but its upto CW discretion. He might check your history! No one call tell if this would be safest route

[CR001]

Topics Merged so members can see the history (click)

[gaveen2018]

He got away all the three times. Or very lucky as visas come under different rules to ILR and citizenship which both have more stringent checks.

Regardless of the application type, he HO checks work and etc through the NI. Not always.

What are the chances of being caught out in the ILR? based on previous history - None. Strong chance given that the OP has to declare to answer the relevant question honestly and if he does then he has a problem. If he does not and HO check, then he still has a problem.

But if he gets caught out, then not only visa refused but also 10 year ban.! This is relevant to citizenship and not ILR.

Thanks CR001 for your input. I just found out on one page that immigration rule 322 says 'failure to comply with condition of leave' amounts to discretionary refusal NOT mandatory refusal as long as applicant declares it on the application.
Since i have family life wife and child both BC. Does this suggest anything?? I would be grateful for your view on this.
Thanks .