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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7615
Experience:  UK Lawyer holding practising certficate for England & Wales.
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. I'm a non-EU citizen currently in the UK. I'm in two visa

Customer Question

Hi. I'm a non-EU citizen currently in the UK. I'm in two visa categories. I have a Tier 4 Student visa to do a PhD since Nov 2011 with April 2016 expiration date. I also have a residence card visa (family member of an EEA National) since Nov 2013 valid for 5 yrs. I have not been taking full time work because of academic workload (worked just 20 hrs per week) even though my residence card allows me to work full time. Now, my we're expecting our baby, she's also job searching as her contract just ended. From my side, having studied really hard and fast, I'll be putting in my thesis by May so I feel like I can now take a full time job which I'm skilled at to support my family more efficiently as we do not like the idea of benefits.
Question Time!
Can I take a full time job as my residence card permits even though my student visa doesn't permit it? The question essentially is, does my residence card supersede my student visa? I need this job badly, but at the same time, I do not want to break any law. Thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patience.
Yes, absolutely. Your EEA residence card take precedence and so your rights ni the UK derive from EEA rights. Under your residence card you can work unrestricted. This means that you can do so and will be legally fine.
Your student visa is effectively not really applicable any more because of your residence card, so you will be fine.
Kind regards
Tom
Customer: replied 2 years ago.

Hi Thomas,

Thanks for your answer. At this stage, if I would rate it 'Good Service'. I want to give you an 'Excellent', so I'll be seeking further information if applicable.

On what grounds does my residence card supersede my student visa? It doesn't seem like this scenario is addressed on the UKBA website. As far as I know, one of the grounds for refusing application for Indefinite Leave after the 5 years route is if an applicant has broken any immigration rules. So, would working over 20 hours not mean breaking an immigration rule at some point? While I get your answer that a residence card supersedes a student visa, I just want to be clear on what grounds to make that conclusion. Thanks a lot.

Expert:  Thomas replied 2 years ago.
Hi,
Your status is determined by your most recent application, so if you applied for your residence card after you had your student visa then your status would be based on your residence card.
You can work as much as you like for this reason, it's most likely that your student visa has in fact been cancelled by the home office because you are now on your residence card.
Tom

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