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Refused on 10 years working rights basis.

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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prem_singh123
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Refused on 10 years working rights basis.

Post by prem_singh123 » Sat Oct 24, 2015 8:38 am

Hello
Is there anyone who has been refused for Naturalisation on the basis of working more hours than permitted e.g. during student visa working more than 20 hours.
Thanks

aragon
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Re: Refused on 10 years working rights basis.

Post by aragon » Sat Oct 24, 2015 8:50 am

Haven't seen a single case so far on this forum...

vinny
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Re: Refused on 10 years working rights basis.

Post by vinny » Sat Oct 24, 2015 9:14 am

It's a breach of immigration conditions (245ZW(c)(iii), 245ZY(c)(iii)) and fails the Good Character requirements.

You were lucky not to have been subject to removal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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Re: Refused on 10 years working rights basis.

Post by Casa » Sat Oct 24, 2015 9:19 am

We'll see more of this on the forum now that the 'good character' conditions are stricter.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

aragon
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Re: Refused on 10 years working rights basis.

Post by aragon » Sat Oct 24, 2015 10:20 am

vinny wrote:
You were lucky not to have been subject to removal.
Vinny,

Just wondering, how did you assume that OP is in breach of his immgration status. His query suggest no such thing. Also, his signature states he got an approval.

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Casa
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Re: Refused on 10 years working rights basis.

Post by Casa » Sat Oct 24, 2015 10:41 am

I assume that prem_singh123 is asking on behalf of someone else.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Re: Refused on 10 years working rights basis.

Post by vinny » Sat Oct 24, 2015 10:48 am

Apologies. Instead of 'you', I should have stated:

Such a person was lucky not to have been subject to removal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Re: Refused on 10 years working rights basis.

Post by Obie » Sun Oct 25, 2015 12:46 pm

vinny wrote:It's a breach of immigration conditions (245ZW(c)(iii), 245ZY(c)(iii)) and fails the Good Character requirements.

You were lucky not to have been subject to removal.
It will also depend on whether it was in term or out of term, and whether there was evidence of this, and if the UKVI has refused on this basis.

OP's question seems hypothetical.
Smooth seas do not make skilful sailors

vinny
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Re: Refused on 10 years working rights basis.

Post by vinny » Sun Oct 25, 2015 12:52 pm

Yes. Thanks, Obie.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

noajthan
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Re: Refused on 10 years working rights basis.

Post by noajthan » Sun Oct 25, 2015 12:59 pm

prem_singh123 wrote:Hello
Is there anyone who has been refused for Naturalisation on the basis of working more hours than permitted e.g. during student visa working more than 20 hours.
Thanks
Example of refusal apparently due to excess hours worked by a student:
http://www.immigrationboards.com/britis ... 94338.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Re: Refused on 10 years working rights basis.

Post by secret.simon » Sun Oct 25, 2015 3:42 pm

aragon wrote:Vinny,

Just wondering, how did you assume that OP is in breach of his immgration status. His query suggest no such thing. Also, his signature states he got an approval.
The OP's approval was accompanied by a BRP, suggesting that the approval was for ILR. That is confirmed by a cursory glance at his post history.

His question was about the implications for naturalisation. While he does ask the question without stating that it is on his own behalf, he also does not state that it is for another person or an academic question, thus leading one to the suggestion if not conclusion that it is implicitly about himself.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Re: Refused on 10 years working rights basis.

Post by Obie » Sun Oct 25, 2015 4:17 pm

From the OP's post , there is no evidence that the BRP in question is for ILR.

There is a consensus that it may be an hypothetical question or that the OP is enquiring about another person.

Vinny has correctly acknowledged that a breach of ones student visa condition in that manner is likely to have resulted in immediate and automatic curtailment, and i agree with that.

Therefore it is likely as CASa stated that it is for someone else, or probably as i stated, an hypothetical question.

I fail to see any justifiable reason for reopening this matter.

I think it may be appropriate for us to let sleeping dogs lie.
Smooth seas do not make skilful sailors

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