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Whm 12 Month Restctiction


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#1 spicehorn

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Posted 18 June 2010 - 06:03 AM

So.......my subscription hasn't been upgraded to Supporting Member so I can't access the WHM Supporters forum, and I can't find a way of contacting Immigration directly.

How exactly is the 12 months calculated? I though I was ok but I have a sick feeling that I was misled by Passport Control when I entered the UK.:unsure:

Thanks!



#2 Andy G

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Posted 18 June 2010 - 06:07 AM

You will need to leave a message for Tony regarding your subscription.

#3 Victoria

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Posted 18 June 2010 - 06:44 AM

Can you be more specific about your query.

If you are talking about the 12 month period during which you can work, it is complicate. What were you told, and what is your work history?

#4 spicehorn

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Posted 18 June 2010 - 07:00 AM

When I entered the uk, I was told it was counted in weeks. Work more than 4 hours on any day given within a week would count as 1 weeks work, while less then 4 hours would count as 1/2 a weeks work. As no other information ws given to me when i got my Visa, and this information came from customs, I believed it! I don't any more and I'm eally upset about it.

I began work as a supply teacher for a local council music service in March 2009. In July 2009 I recieved an offer of engagement as a casual teacher, stating 'this engagement does not confer upin you any contractual rights during the periods you are not contracted to work'. I worked 3 weeks in March, 1 day in May, 3 days in June and 7 days in July before that. I then did 4 days (1 day a week for 4 weeks) work in September.

I accepted a permanant contract with a different music service at the end of September 2009, on a part-time basis. I though this was ok due to what passport contol told me, but know it appers I have overworked from what I now understand :o I was being soooo careful too :mellow:

#5 spicehorn

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Posted 18 June 2010 - 07:02 AM

You will need to leave a message for Tony regarding your subscription.


I already have done - I can't PM so I've posted in a couple of technical issue threads. I have no other way of contacting him!

#6 Victoria

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Posted 18 June 2010 - 07:12 AM

Okay, so you have clearly worked for the last nine months, the question is over how much you worked before.

I've never heard any '4 hour rule', that's for sure. And I think that is just wrong.

With such infrequent employment and no contractual obligations up until september, I would say that you shouldn't count the 'employment' from March to September as being continuous. So I'd say that you can just count the individual days. So, I made that 32. (you need to count the first three weeks as three weeks not 15 days, so this is a little rough). But, in a nutshell, I'd say you have just under two months left.

#7 spicehorn

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Posted 18 June 2010 - 07:19 AM

Okay, so you have clearly worked for the last nine months, the question is over how much you worked before.

I've never heard any '4 hour rule', that's for sure. And I think that is just wrong.

With such infrequent employment and no contractual obligations up until september, I would say that you shouldn't count the 'employment' from March to September as being continuous. So I'd say that you can just count the individual days. So, I made that 32. (you need to count the first three weeks as three weeks not 15 days, so this is a little rough). But, in a nutshell, I'd say you have just under two months left.


:thumbup: Thanks - just the answer I was hoping to hear. You are wonderful, Victoria! I hope others agree with you!

Is it recommended that I contact immigration and discuss this with them, if I can actually find a way to contact them!? I want to submit an Unmarried Partner application in the next month, and don't want to have it rejected due to my work history here. Or...am I better off just declaring my work the way it is?

One thing I will do is ask my emplyer to end my contract early! I'd rather miss out on the school holiday pay then get banned or deported :rolleyes:

#8 spicehorn

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Posted 18 June 2010 - 07:25 AM

Oh and thanks for PM to Tony, I have full access now, saved the day again! :)

#9 Victoria

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Posted 18 June 2010 - 07:29 AM

I am not sure who had advised you to contact immigration, but there is little point. If you'd like to conduct a wee experiment, give them a call and ask them, and write down the answer. Then call them back and ask them again. You'll speak to a different person, and you'd get a different answer!

There is caselaw on whm working times, and it does make clear that to work part time for an employer for a period of time is continuous employment. So one day per week for six weeks is six weeks employment. But with your first period of employment, as far as I can see it is one day then nothing for weeks, then another day then nothing for weeks. As long as it is not deemed as continuous you will be fine. There is a chance that the caseworker might not share my opinion, but as there is nothing cast in stone about this, it can be argued.

As for the UP application, be honest, and I doubt you will have a problem. Settlement applications seldom het refused for minor infringements anyway.

#10 spicehorn

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Posted 18 June 2010 - 08:48 AM

Further to everything, I was with my British partner for a while back in Australia before coming to the UK on the WHMV (he moved back a year before me - we have evidence of communication and visits). When I do my UPV application, and bring evidence from our relationship while in Australia, will they assume I came here intending not to leave again, and not grant a visa? The only way I can prove I was intending to return to Asutralia is to get a Stat Dec from my old Australian Employer who wanted me to return to my old job.

Nothing seems to be straight forward, even though we're completely legit.

Edited by spicehorn, 18 June 2010 - 08:49 AM.





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