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Hi fellows (specially Amber & the senior members)

I am concerned about the recent changes of good character for citizenship applications. My naturalisation application is due in a couple of weeks. I got my ILR on 10 years legal stay (Long Residence).

Came to UK as a student in 2004. All applications in time with valid visas till 2012. Tier 1 entrepreneur got refused in 2012. All in time appeals got exhausted on 28 Feb 2014. 10 years completed on 10 March 2014, so applied for ILR in time within 28 days. Now as all appeal rights where exhausted, i was not allowed to work, which i was unaware of. So i was still driving taxi when one day i was stopped by the home office enforcement unit and issued me an IS96 form and asked me to report at a local ukba centre every week till the decision of my ILR. After this incident it took 6 weeks and the ILR was then approved.

Now will this incident effect my citizenship application.? I have never had any immigration or criminal problems within the past 11-1/2 years of stay in the UK.

Please advise specially senior members. Many thanks

scorpio81 wrote:Hi fellows (specially Amber & the senior members)

I am concerned about the recent changes of good character for citizenship applications. My naturalisation application is due in a couple of weeks. I got my ILR on 10 years legal stay (Long Residence).

Came to UK as a student in 2004. All applications in time with valid visas till 2012. Tier 1 entrepreneur got refused in 2012. All in time appeals got exhausted on 28 Feb 2014. 10 years completed on 10 March 2014, so applied for ILR in time within 28 days. Now as all appeal rights where exhausted, i was not allowed to work, which i was unaware of. So i was still driving taxi when one day i was stopped by the home office enforcement unit and issued me an IS96 form and asked me to report at a local ukba centre every week till the decision of my ILR. After this incident it took 6 weeks and the ILR was then approved.

Now will this incident effect my citizenship application.? I have never had any immigration or criminal problems within the past 11-1/2 years of stay in the UK.

Please advise specially senior members. Many thanks

The caseworker's guidance, section 9.7 of the following may cover this scenario (illegal working):
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

Assuming HO maintains records of IS96 and other such notices, it may be prudent to obtain legal advice &/or assistance in composing & providing an explanatory letter to support your application.
Good luck.

Maybe a SAR would have that information? I would think that they'd refuse your application if they had a record of illegal working. Since it's 9 year wait I personally would give it a go if the SAR came up empty, if it's refused it'd only be ~£85/year for the next 9 years (or at least that's how I'd try justify it ).

noajthan wrote:

scorpio81 wrote:Hi fellows (specially Amber & the senior members)

I am concerned about the recent changes of good character for citizenship applications. My naturalisation application is due in a couple of weeks. I got my ILR on 10 years legal stay (Long Residence).

Came to UK as a student in 2004. All applications in time with valid visas till 2012. Tier 1 entrepreneur got refused in 2012. All in time appeals got exhausted on 28 Feb 2014. 10 years completed on 10 March 2014, so applied for ILR in time within 28 days. Now as all appeal rights where exhausted, i was not allowed to work, which i was unaware of. So i was still driving taxi when one day i was stopped by the home office enforcement unit and issued me an IS96 form and asked me to report at a local ukba centre every week till the decision of my ILR. After this incident it took 6 weeks and the ILR was then approved.

Now will this incident effect my citizenship application.? I have never had any immigration or criminal problems within the past 11-1/2 years of stay in the UK.

Please advise specially senior members. Many thanks

The caseworker's guidance, section 9.7 of the following may cover this scenario (illegal working):
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

Assuming HO maintains records of IS96 and other such notices, it may be prudent to obtain legal advice &/or assistance in composing & providing an explanatory letter to support your application.
Good luck.

Thnx for ur reply mate. So u think they would hve it in their records.? As on the given IS96 form they did not write anything relating to my working stuff. And when i 1st reported at the iffice the guy had no clue as y i was here as he only knew that my ILR application is in process.? So dont know if they have this "my working" stuff in the record. How can i find this out.?

Thanks

Make a Subject Access Request (SAR) for £10, takes 40 days.

Any further advise by Amber or any other senior member will really be appreciated.

Thanks

Did you face any further action for working illegally?

Amber wrote:Did you face any further action for working illegally?

No.

As advised, i just reported to the ukba office weekly for about 6 weeks and then got my ILR.

scorpio81 wrote:

Amber wrote:Did you face any further action for working illegally?

No.

As advised, i just reported to the ukba office weekly for about 6 weeks and then got my ILR.

Amber, Any further advise or suggestion.?

Thanks

t123456789 wrote:Make a Subject Access Request (SAR) for £10, takes 40 days.

Did you request your SAR to see a HO view of your casefile ?

noajthan wrote:

t123456789 wrote:Make a Subject Access Request (SAR) for £10, takes 40 days.

Did you request your SAR to see a HO view of your casefile ?

Yes i have applied for SAR.

As far as my reading if the IS 96 form issued, it wws issued considering me as an overstayer not working illegally. Overstayer only because i applied within 28 days of all my appels exhausted. it did not effect my ILR

Amber wrote:Did you face any further action for working illegally?

Hi

I have received my SAR Report. It states the following are the comments recorded by the enforcement unit on the CID notes regarding my case:-

"Subject was encountered during police led traffic stop in (place name) on (date). Subject was encountered in a taxi working as a taxi driver.
Subject stated he had an outstanding application with the home office. Home office checks showed subject was served S47 (date). S47 stated no right to work in the UK.
Subject was reminded of S47 and no right to work.
Subject was served IS96 with reporting conditions to report on (date) at (time) to (place) with his family."

And then there is also a history of 5 reports at the local reporting centre after the encounter with enforcement unit and receipt of my ILR (2-1/2 months), which i got and the reporting was then stopped. As per the SAR report following were the comments by the officials at each reporting occasion at the local office:-

1) Subject due to report with family. Subject was served S47 previously.

2) 2 weekly green case - subject claims he has LTR in the UK and will bring documents when he reports today.

3) Green Friday - subject claims he has LTR in the UK.

4) Green Friday - Put on the spreadsheet this event.!!!!(RT)

5) Green Friday - no script conducted as app has no ICID case. Change time to 9;10 for next event. (this was the last note as i got my ILR before this date)


So AMBER and senior members, please advise what u think of this. As i am due my nationality application since a month now. Was just waiting for the report. Will this be an issue under Good Character.?

Many thnx

Hi seniors.!

Any advise please.?

Thnx

scorpio81 wrote:As far as my reading if the IS 96 form issued, it wws issued considering me as an overstayer not working illegally. Overstayer only because i applied within 28 days of all my appels exhausted. it did not effect my ILR

Overstayers cannot legally work.

vinny wrote:

scorpio81 wrote:As far as my reading if the IS 96 form issued, it wws issued considering me as an overstayer not working illegally. Overstayer only because i applied within 28 days of all my appels exhausted. it did not effect my ILR

Overstayers cannot legally work.

Considering the notes on my SAR Report, will i be ok to apply for the nationality .?

Doesn't the SAR report state clearly that you had no right to work! You were supposed to provide evidence of an in-process in-time application which you did not.

Facts:
1. You applied for ILR after becoming an overstayer.
2. Overstayers are not allowed to work.
3. You continued to work even after becoming an overstayer and until you were granted ILR.