Is chassis notch mot fail?

Not to sure how to post a picture but here a link to the sort of thing I'm on about.

www.google.co.uk/search?q=mk5+chassis+notch&source=lnms&tbm=isch&sa=X&ved=0ahUKEwj9j6yHyI7YAhUEbVAKHYTxCSEQ_AUICigB&biw=1920&bih=963#imgrc=17fm5T2mLlUjoM:

Are you saying that the modification completed has cut a section of the inner wing out to allow for the increase in vertical deflection of the driveshaft due to the height variations in suspension since the air suspension has now been fitted? 

But nearly everyone in the 'car scene' has this done and somehow get their car to pass the mot with no problems. How are they able to get away with it?

They are not getting away with it, what is more than likely happening in the real world is that different testers NTs have different understandings so base their decisions on those understandings differently. In saying this we NTs do have some guidance to base a decision on, which is;

Repairs and modifications to vehicles must be assessed on their merits, taking account of the nature and function of the component. Now we are then asked to assess the repairs/modification and using experience and understanding, ask oneself is the modification likely to adversely affect the roadworthiness of the vehicle. We are also asked to assess the vehicle in respect of the modification as to whether it has seriously weakened the component, in other words the inner wing. The truth from what I have seen at the moment, but without you actually uploading your vehicle evidence of the modification, I'd say no the structure is not seriously weakened by the modification. 

Let's have a look at the real evidence first. 

Thanks for joining Ryan
Where your living in Ireland the IVA from what I believe is little different to the one in England ,cars older then 10 years with less then 8 seats dosent have the test but you can voluntarily have one done.
It might be a good idea to find out if this is changed.

The MOT
Speaking from personal experiencing both testing and modifying structural parts of vehicles (yes I was petrol head)
Cutting a notch in the chassis/mono would be classed as a modification.
Where the notch has been done properly to a high standard and tester is happy won’t be a problem .
On the other hand I have failed modification like this one as the work has not been completed to a high standard and left the area in question in effecting it’s strength and continuity
If your notch resembles the picture it should be ok

Just had a quick read and it does say cars or minibuses with 8 or less seats are exempt from IVA test. I drive a 2008 VW Jetta so its nearly 10 years old. so say I get 1 more mot done, then the following years it should be ok shouldn't it?

You would be better off going through the process of a IVA inspection if you want to stay on the right side of the law ,I’ve done hot rods for customers and always had the IVA done not like some others that never bother but it might just come back and bite you,if you know what I mean.
We did a conversion putting a cosworth engine in a transit which needed chassis modifying like yours few years ago.
On that one All we did was fill the!IVA forms in ,log book etc and some photos and send it off ,a physical inspection was not required ,it may be the same with yours.

Good luck

Could someone please tell me how to upload photos.