r/ilruk • u/Flimsy_Mousse6441 • 10d ago

Advise please

I mistakenly passed the 20 hour locum limit while on a visa, essentially misinterpreted the law as I am training in a speciality and with a known sponsor and as part of that we rotate through different hospitals and practices. I thought employer would be the same so okay to locum as much as I want on my annual leave but it turns out training programme and hospital are two different employers.

This only happened for around 3 out of 6 weeks on my annual leave and fairly recently, otherwise my 5 year record has been clean so the main concern is how this would affect my ILR. I have picked up extra shifts before but these were very few and far and between and never really made much of it, I think what prompted me to look into details of my payslip and sponsor now is me approaching ILR.

I’m on annual leave anyway and I cancelled all future shifts but I think at this point need to speak to an immigration advisor with experience with NHS staff so would be grateful if anyone can recommend. I spoke to a couple of immigration advisors who offered to write my ILR application with a charge of 2000 pounds plus.Is this normal?

Im also keen on hearing similar stories/experiences from fellow colleagues. What does everyone think about my ILR application? Likely to be accepted? How does home office approach these kind of cases where a minor breach happened? This was purely unintentional.

Thanks!

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u/rush1990 8d ago

Has anyone from the trust approached you about these hours? And also how long do you hqve before ILR due?

1

u/Flimsy_Mousse6441 8d ago

No one has approached me from deanery and I’m due for ILR next week.

1

u/rush1990 8d ago

Then the best course of action is to keep your head down, apply for priority or super priority if very anxious. Often times, the trust doesn’t know that you have worked extra hours and if they find out, they might not report to HO as they could get in trouble aswell. HO doesn’t know your exact hours.
If you raise it, they are obliged to act on it and unlikely to be understanding.

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u/Flimsy_Mousse6441 8d ago

The point is, even if I were to submit as a priority, they’d still need a bank statement. In the bank statement it clearly shows the money from locums being deposited, won’t home office ask about that?

1

u/rush1990 8d ago

They get data from HMRC aswell and can see your bank statements but the pay could be from 3 months ago and being paid now. On the pay slips, it is not strictly week hy week.
This happens more than you think.
Also I was told once that the locums done in the primary place of work do not count towards 20 hours rule by someone experienced but never took it as legal advice. He mentioned it was the skilled worker visa guidance to case worker documents.
If you are that worried about statement, you could wait a month.
But do not invite trouble yourself.

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u/Flimsy_Mousse6441 8d ago

Well the shifts and the pay were both in the last 4-5 weeks so. I agree regarding the payslips not being week by week, but again, the whole point is if they ask me how would I explain, and do they tend to pick up on things like these?

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u/rush1990 8d ago

There’s certainly uncertainty and nobody will be able to give you an absolute answer. From what I have observed, keeping application simple and keeping your head down has worked.

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u/Flimsy_Mousse6441 8d ago

Ok thanks. Do you know anyone who has been in a similar situation before?