An unsuccessful High Court challenge is a reminder to adhere to visa conditions

13.12.2022

The High Court has dismissed a challenge to the decision to cancel two individuals’ permission to remain in the UK because they exceeded the number of hours they were permitted to work.

Mr Shah and Mr Anwar were both in the UK on student visas which permitted them to work up to 20 hours per week in term time. Following a raid on their place of work by immigration officers on 27 September 2021, they were each interviewed regarding their employment and right to work. Both admitted to working significantly more than 20 hours per week during term time and were arrested at the conclusion of the interview on suspicion of breaching the conditions of their leave. Their leave was also cancelled (or “curtailed”, as it used to be called).

They challenged the decision to cancel their leave on several grounds, including that their answers in the interview had been misinterpreted, that the interviewing officer was rude during questioning, and that the officers failed to contact their employers to verify the information provided. The court dismissed each argument.

We would like to emphasise that this is not the only case when those on a student or tourist visa exceed the permissible number of working hours (in the case of a tourist visa, working is strictly prohibited apart from some strict exceptions). Therefore, we strongly advise to follow on a regular basis all updates of the terms and conditions of your leave to enter or remain in the UK in order to avoid such difficulties.