Previous immigration breach British Citizenship application

[Whizart]

Dear Respected Members,

I would really appreciate it if anyone could help me with my query.

Application to be made: Naturalisation as British Citizen (Based on 10yr ILR + 12 months). Eligible on 18/12/21

Entered UK - 01/05/2010 and continuously residing in the UK

Concern: I was granted Student T4 Visa from 22/04/2010 to 30/05/2012. I got registered as Self Employed in March 2012 also filed the Self Assessment tax return for the Yr 2011/12. Only a tiny amount of promo work was carried out. Obviously, I had no idea until a few years later that students can't carry out self-employed jobs whilst on Student Visa. I know this is a breach of the Immigration rule. I am now applying for Naturalisation and I am worried if this could be a refusal reason.

Previously I have been granted PSW, T1 Entrepreneur Visa and ILR and never got refused on the above point. But I am not sure how this would play in my Naturalisation application. Could someone please help me with this?

[vinny]

Probably safer to wait until at least 10 years have passed since the breach of the rules.

[Whizart]

Probably safer to wait until at least 10 years have passed since the breach of the rules.

Hi Vinny. Thanks a lot for your prompt reply. Really appreciate it. I will wait for the 10 Years to pass to be safe, as you said. So just to be 100% sure could you please let me know since what date shall I consider as Day 1 in order to avoid the breach period.

My Student Visa was valid until 30/05/2012; I applied for PSW on 26/03/2012- I received my PSW visa on the 6/08/2012.

Should I consider the date of Application for PSW (26/03/2012) as Day 1 OR the day I was granted PSW visa (6/08/2012)?

Also, once the 10 Years period has passed can the caseworker still refuse the application on the above point? I have tried looking everywhere online but I didn't really find any answers related to this so I'll really appreciate if you could clear my confusion.

[secret.simon]

please let me know since what date shall I consider as Day 1 in order to avoid the breach period.

the day I was granted PSW visa (6/08/2012)

Till the date you are granted a different visa, you are still covered by the terms and conditions of the previous visa.

Therefore, you were covered by the terms and conditions of the student visa until you were granted a PSW visa.

[Whizart]

please let me know since what date shall I consider as Day 1 in order to avoid the breach period.

the day I was granted PSW visa (6/08/2012)

Till the date you are granted a different visa, you are still covered by the terms and conditions of the previous visa.

Therefore, you were covered by the terms and conditions of the student visa until you were granted a PSW visa.

Thanks, secret.simon, So, I will have to consider the start date of my PSW visa (6/08/2012) as my Day 1, which means from 6/08/2022 onwards I can submit my Naturalisation application as I will have the last 10 Years of clear records. Thanks for clearing that up.
Also could you please let me know if the caseworker can still refuse the application based on the breach even after I wait and submit the application on 06/08/2022?

[Amber]

An application will normally be refused if, within the previous 10 years (before the date of decision), the person has worked in the UK when their conditions of leave prohibited employment.

[Whizart]

An application will normally be refused if, within the previous 10 years (before the date of decision), the person has worked in the UK when their conditions of leave prohibited employment.

Hi Amber,
Thanks for your reply. So, I just wanted to understand if the caseworker will disregard/ignore the above-mentioned breach once I let the 10 Years pass (with no breach) and submit my application.

I am unable to find any guidelines or information related to this therefore I am unsure how my case will be assessed.