General UK immigration & work permits; don't post job search or family related topics!
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zk_london
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by zk_london » Thu Jul 25, 2019 2:20 pm
Hi everyone,
I'm currently on ECAA Turkish Worker visa and application to extend is in progress (sent to HO in May) for the second indent (after 3 years of employment).
Is there any restriction to being self-employed whilst continuing with my employment? In other words, if I were to set up a private practice on the side (that is different to my profession as an employee) would that be in breach of my visa requirements?
I couldn't find any guidance on this, and I appreciate it's an unusual case so if anyone has any experience or knowledge on it that would be much appreciated.
Many thanks!
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CR001
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by CR001 » Thu Jul 25, 2019 2:29 pm
https://assets.publishing.service.gov.u ... -v12.0.pdf
Breaches of conditions, fraud and
abuse
This page explains how to consider cases where the applicant has breached
conditions of their leave or been party to fraud and/or abuse.
Case law for example Oguz and KA (Turkey) has established that applicants who
have breached immigration law cannot be excluded from the provisions of the
European Community Association Agreement (ECAA). In business cases this means
consideration under the 1973 Immigration Rules.
Although this ruling relates to a business application, the principle that those who
have undertaken fraud or abuse cannot be excluded from consideration under the
ECAA provisions on that basis also applies to ECAA Turkish worker applications.
You must not automatically refuse an application because an applicant has worked
in breach of their conditions. This is because a breach of conditions can vary in
different ways and so have a different impact on a case.
You must consider all the relevant circumstances of an application, but applicants
must not normally be allowed to benefit from breaches in immigration law.
Caseworkers must assess if the breach of conditions is material or incidental. If it is
incidental, for example an applicant has only overstayed by a few days, the
caseworker may still grant the application.
Where there has been a breach of immigration law, the following factors will be
relevant when you decide if the application should be refused. Where an applicant:
• has overstayed a previous period of leave beyond the 28 day grace period
• has entered or sought to enter the UK illegally
• has sought or obtained leave by deception, for example by making false
representations or failing to disclose material facts in the application (fraudulent
and abusive conduct)
• has breached their conditions of leave to enter or remain, for example where
they have worked in an occupation not authorised by their leave
• has made an asylum claim that is discredited
• has previously used fraudulent or abusive conduct
• has unspent criminal convictions
• is liable to deportation
it is more likely the application will be refused.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.