• March 4, 2023

Tier 2 Skilled worker arrested for working as delivery driver ‘breaching UK immigration law’

By A Staff Reporter

LONDON March 4: Immigration control measures are increasing on the UK following the UK government’s intent to curtail any illegal working in the UK. The Home Office and other partner agencies have increased the frequency of  carrying out raids on student homes, restaurants and care homes from January 2023.

Today, we have to share with you another way on how the Home Office is ensuring that there are no breaches by those immigrants who have been issued with certain category of visas. The purpose of this article is to make the migrant community aware and reqeusting them to ensure they follow the rules put in as conditions when they have been issued with a particular visa.

According to Home Office, a Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer. This visa has replaced the Tier 2 (General) work visa.

We have an incident where a skilled worker was issued with ‘Notification of Liability to Detention’ for him working as a delivery driver by the MET Police.

We are intentionally leaving out the name and town where this has happened so as not to create unnecessary panic within the community.

This man was granted leave to enter in the UK as Tier 2 Skilled worker in January 2023 with the condition that employment is prohibited unless within his specified skilled area of work.

On 20th February the skilled worker was stopped by MET Police and on investigation it was found that he failed to comply with the condition attached to grant of leave to remain in the UK.

In the ‘Notification of Liability to Detention’ notice served to him by the Home Office, it was stated that he was seen on a bike wearing food delivery overalls with a food delivery bag in his possession and that the police also witnessed the delivery app on his phone.

The notice reads, “You are specifically considered a person who has failed to observe a condition of leave to remain because on 20th February 2023 you were observed working as a delivery driver which is in breach of your landing condition”.

“The evidence gathered has enabled to conclude that you have been undertkaing employment which is not considered within the Tier 2 category of skilled workers and is there in breach of the conditions of your leave to enter the UK”.

“This is an offence under S24(1)(b)(ii) of the Immigration Act 1971 as amended:

It is not considered that the circumstances in your case are such that discretion should be exercised. The Secretary of State therefore curtails your leave to remain in the UK under paragraph 323 (i) with reference to 322(3) of the Immigration rules with immediate effect.

He was granted immigration bail and the case is ongoing.

Always be careful when undertaking other jobs as your visa conditions specifies what jobs you can do and what you cannot do.

On the UK government website it says as below:

What you can and cannot do

work in an eligible job
study
bring your partner and children with you as your ‘dependants’, if they’re eligible
take on additional work in certain circumstances
do voluntary work
travel abroad and return to the UK
apply to settle permanently in the UK (also known as ‘indefinite leave to remain’) if you’ve lived in the UK for 5 years and meet the other eligibility requirements

You cannot:

apply for most benefits (public funds), or the State Pension
change jobs or employer unless you apply to update your visa
If your application is successful, you’ll get a full list of what you can and cannot do with a Skilled Worker visa.

Click to Read More About Skilled Worker Visa

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