Working while on Student Visa

[parmita]

Hi Everyone

I would like some help with filling my AN form.
My immigration history is as below
04-20-2006 to 29-02-2008 Student Visa
25-02-2008 to 25-02-2009 Post Study Worker Visa 1 YR
25-02-2009 to 25/02/2010 Post Study Worker Visa 1 YR Extension
02/02/2010 to 03/02/2013 TIER 1 General - Full time job + Self Employed.
10/01/2013 to 03/02/2015 TIER 1 General Extension - Full time job
08/01/2015 to 08/01/2025 ILR

My course finished on the 08th September 2007 and I was awaiting my results.

I was actively looking for work after September 2007 and managed to find a part time job in Nov 2007
I then also found a full time job in Nov 2007. I continued to work part time for the first job till Feb 2008.

I was still on a student visa till 20-02-2008 and working two jobs.

I dug up my old emails to the employers regarding working on Student Visa and found a document back from 2007 which says
During vacation periods you are not limited to the 20 hours per week – you can work full-time. In addition, if you have completed your studies and are simply waiting for your results or the graduation ceremony, and you still have time left on your student immigration
permission, you can work full-time until the end of your leave (provided that this is not longer than four months)
The above document is UKCOSA GUIDANCE NOTE FOR STUDENTS - Working during your Studies January 2007. I have the pdf if anyone wants to check.

Is working on the student visa a problem for me. As far as I see I worked as per the regulations during that time? As I had completed my course and awaiting result I would be able to work for more than 20 hours ?

Secondly for my TIER 1 General - I was working full time and also working part time as self-employed. Later on I changed jobs which paid more but then I could not work part time anymore. Infact I am still registered as self-employed but have not taken on any projects due to time and other commitments.

How should I fill in the Form
1.46 Are you and employee ? I would tick that box and not tick the Self-employed box?

1.50 - Employment History - I would mention working as Self Employed along with all the other part/full time jobs I have had ?

What should I do to satisfy the requirement
1.48- 1.50 You must provide details of all your National Insurance contributions made for your current and previous employment during the past 10 years. To support this
claim evidence can be in the form of payslips, P60s covering the relevant period, or a letter(s) from the employer(s) confirming you have worked for them, from the start
and finish date.
If you do not pay income tax through PAYE you must demonstrate that you have discharged your obligations towards the H.M. Revenue & Customs, by attaching a Self Assessment Statement of Account.

I do not have P60 for my first part time job nor I think I can get a letter from them as it is way back in Nov 2007 ? I have a P60 from 2007 to 2008 but that is from the full time employer that I worked for.
I have all the other P60's and salary slips till to date !

What evidence should I provide for my self-employment from 2009 to 2010 ? I have the Self-Assessment Statement from June 2011 which shows the Tax payed for and I don’t owe HMRC anything rather it is in 3 pence credit.

Please share your thoughts.

Thank you
Parmita

[wadda_laura]

Th AN Form (01/2016) does not ask you to provide your NI contributions. I think this applies to those who claim their residence without passports evidences and being in the UK to qualify for naturalisation. If you see the employment history page of the form it only asks you start date, finish date, occupation, name of employer and address. AN form asks you if you are employee/self employed/director at the current time not about the past.

[noajthan]

Recent AN guidance intimates that proof of NI contributions is required - for full history

See recent HO guidance - page 8:
https://www.gov.uk/government/uploads/s ... e_2016.pdf

[parmita]

Recent AN guidance intimates that proof of NI contributions is required - for full history

See recent HO guidance - page 8:
https://www.gov.uk/government/uploads/s ... e_2016.pdf

noajthan
Thanks for replying - yes I have read new new Guide
I am still concerned about my part time job after my studies. I may have worked more than 40 hours a week during that time.

I might have the payslips and that is something I am trying to locate.
As per the new guidance can I mix and match p60s and payslips ?
Parmita

[wadda_laura]

If you are applying through NCS, they will NOT ask you about these evidences. They need only your passports covering 5 years period with proof of ILR since last 12 months...and that is it they are advised by the Home Office to take evidences from you. If you are arranging your payslips, p60 etc... it is upto you but I am sure NCS will not ask you to provide these evidences as this is not the requirement. Secondly, before April 2013 there was no RTI (Real Time Info) system in HMRC so no one can know how many hours you have worked, the only record is your total income for that financial year, held by HMRC.

[parmita]

If you are applying through NCS, they will NOT ask you about these evidences. They need only your passports covering 5 years period with proof of ILR since last 12 months...and that is it they are advised by the Home Office to take evidences from you. If you are arranging your payslips, p60 etc... it is upto you but I am sure NCS will not ask you to provide these evidences as this is not the requirement. Secondly, before April 2013 there was no RTI (Real Time Info) system in HMRC so no one can know how many hours you have worked, the only record is your total income for that financial year, held by HMRC.

wadda_laura
The HO Guidance has changed recently.
See above post from noajthan who also confirms that full NI history is required.

Parmita

[wadda_laura]

I know it says in the guidance but which section the AN form asks you about it to provide the NI history in it? Anyhow, if you want to provide it it is upto you, none can stop you. Why not you phone NCS they will let you know if you need to bring that in NCS apptt.

[noajthan]

I know it says in the guidance but which section the AN form asks you about it to provide the NI history in it? Anyhow, if you want to provide it it is upto you, none can stop you. Why not you phone NCS they will let you know if you need to bring that in NCS apptt.

NCS may not be up to speed on latest changes. The form doesn't list every requirement because the guidance does.

Usual safety first approach is to take all possible documentation to NCS and let the official pick through it. Applicant may question or challenge the official as they see fit.

[noajthan]

If you are applying through NCS, they will NOT ask you about these evidences. They need only your passports covering 5 years period with proof of ILR since last 12 months...and that is it they are advised by the Home Office to take evidences from you. If you are arranging your payslips, p60 etc... it is upto you but I am sure NCS will not ask you to provide these evidences as this is not the requirement. Secondly, before April 2013 there was no RTI (Real Time Info) system in HMRC so no one can know how many hours you have worked, the only record is your total income for that financial year, held by HMRC.

NI type evidence is clearly linked to the good character crosschecks rather than speaking for presence in UK.
It could be compared with internal records.

Applicants also have to vouch for the veracity and completeness of information provided as well as avoiding suppressing material facts.

[parmita]

I know it says in the guidance but which section the AN form asks you about it to provide the NI history in it? Anyhow, if you want to provide it it is upto you, none can stop you. Why not you phone NCS they will let you know if you need to bring that in NCS apptt.

NCS may not be up to speed on latest changes. The form doesn't list every requirement because the guidance does.

Usual safety first approach is to take all possible documentation to NCS and let the official pick through it. Applicant may question or challenge the official as they see fit.

thank you noajthan
any advice on the other issues please?

[parmita]

bump

any one

[noajthan]

thank you noajthan
any advice on the other issues please?

I know its not good to apply blusher before foundation.

What other issues?
If you kept to terms of student visa then all should be well.

[parmita]

thank you noajthan
any advice on the other issues please?

I know its not good to apply blusher before foundation.

What other issues?
If you kept to terms of student visa then all should be well.

Hi noajthan

After digging around - I have finally found the missing payslips fro my first job. They dont seeem to mention the work hours as such. Two of them show 70 hours and 40 hours but I guess that should be fine as not in breach of the student visa.


my second question was - to provide details regarding self employment along with full time work
How should I fill in the Form
1.46 Are you an employee ? I would tick that box and not tick the Self-employed box?

1.50 - Employment History - I would mention working as Self Employed along with all the other part/full time jobs I have had ?
. What evidence should I provide for my self-employment from 2009 to 2010 ? I have the Self-Assessment Statement from June 2011 which shows the full amount of Tax payed for and I don’t owe HMRC anything rather it is in 3 pence credit. Would I need to get a current Self Assessment statement as well ?

Thanks