Pre-Action protocol After Reconsideration Refusal

[asimsaid5]

Dear All,
I have applied for Naturalisation, which was refused.
Then I submitted a request for reconsideration which was subsequently refused again.
Caseworker refused my Naturalisation application on a good character ground and mentioned that " LTR' application dated 24/03/2014 states the following information:
“Migrant has breached his conditions of both student tier 4 visas, he has been employed as a security officer since 11/12/2012.”
I never worked illegally in UK. I was allowed to work 20 hours per week till 30 Nov 2012. I submitted on time Tier 4 visa on 28 Nov 2012 and get an extension in April 2013 (3C leave till April 2013). I was working 20 hours per week till April 2013 and after receiving BRP with no Rights to work, I stopped working. My employer paid the last pay in April 2013.
I submitted the reconsideration request to Home Office and provided my 10 year employment history, which confirms that I worked till March 2013 and then a payment in April 2013. I also endorsed a letter from my previous employer confirming that the payment I got in April is for March 2013 job, but still Home office refused my reconsideration request and mention that I did not provide any evidence to refute the grounds of refusal.
I am quite stressed out now and needs an expert guidance, what should I need to do?
Do a Pre-Action protocol would be an option or any other way, where I can request the Home Office?
I believe the case worker have not considered my reconsideration appeal otherwise it would be opposite.
Please Guru's I am really in bad situation and need help.
Any help/advise would be appreciated.
Thanks in advance.

[HCJNL]

Can you post the exact text of your refusal letter? (suitably anonymized, of course).

[asimsaid5]

The exact wording on refusal is
" It is brought to your attention that it was discovered on 13 Oct 2014 that you had been working illegally in the United Kingdom as a Security officer since 11 December 2012, during the period when you held leave to remain as a student and therefore you were not granted permission to work in the UK.
You were not therfore compliant with UK immigration laws during this period".

The exact working on reconsideration request refusal is
"LTR application dated 24/03/2014 states the following information:
Migrant has breached his conditions of both student tier 4 visa, he has been employed as a security officer since 11 Dec 2012".

Can you please advise what should I need to do?
How could I request Home office to relook into this matter and provided evidence to rectify their records?
Would PAP can be an option?

[asimsaid5]

Can any expert advise please?

[HCJNL]

I was hoping someone else, better qualified than me, would jump in. What's left after refusal of your request for reconsideration? Pre-action Protocol for Judicial Review seems like the only option left, but I'm not an expert.
An alternative is to sit out the 10 year period since the alleged breach of immigration laws took place, then apply again. That is presumably 10 years from the most recent date that the Home Office believed you were working.

[London22]

Dear All,
I have applied for Naturalisation, which was refused.
Then I submitted a request for reconsideration which was subsequently refused again.
Caseworker refused my Naturalisation application on a good character ground and mentioned that " LTR' application dated 24/03/2014 states the following information:
“Migrant has breached his conditions of both student tier 4 visas, he has been employed as a security officer since 11/12/2012.”
I never worked illegally in UK. I was allowed to work 20 hours per week till 30 Nov 2012. I submitted on time Tier 4 visa on 28 Nov 2012 and get an extension in April 2013 (3C leave till April 2013). I was working 20 hours per week till April 2013 and after receiving BRP with no Rights to work, I stopped working. My employer paid the last pay in April 2013.
I submitted the reconsideration request to Home Office and provided my 10 year employment history, which confirms that I worked till March 2013 and then a payment in April 2013. I also endorsed a letter from my previous employer confirming that the payment I got in April is for March 2013 job, but still Home office refused my reconsideration request and mention that I did not provide any evidence to refute the grounds of refusal.
I am quite stressed out now and needs an expert guidance, what should I need to do?
Do a Pre-Action protocol would be an option or any other way, where I can request the Home Office?
I believe the case worker have not considered my reconsideration appeal otherwise it would be opposite.
Please Guru's I am really in bad situation and need help.
Any help/advise would be appreciated.
Thanks in advance.

Hello Mate
If you are on right side & can prove that you haven't worked illegally which HO have claimed then JR is the ultimate remedy.If they are wrong they are most likely to agree with you before even it goes to court.So it is up to you now if I'm in your position & have all the proofs to cover then JR is the best option .It is obvious that HO makes mistakes & has to pay huge amounts when losing JR .
Good luck.

[waqas40581]

The exact wording on refusal is
" It is brought to your attention that it was discovered on 13 Oct 2014 that you had been working illegally in the United Kingdom as a Security officer since 11 December 2012, during the period when you held leave to remain as a student and therefore you were not granted permission to work in the UK.
You were not therfore compliant with UK immigration laws during this period".

The exact working on reconsideration request refusal is
"LTR application dated 24/03/2014 states the following information:
Migrant has breached his conditions of both student tier 4 visa, he has been employed as a security officer since 11 Dec 2012".

Can you please advise what should I need to do?
How could I request Home office to relook into this matter and provided evidence to rectify their records?
Would PAP can be an option?

Hi Asim sorry to hear this
What I think actually has happend did your student visa ever got revoked ? In 2012 if yes that’s mean your working rights got exhausted and you were working at that time without knowing your visa has revoked that’s what actually has happened in past which considers as a working illegally.
Which visa you filled in March 2014 Bcz after reading I can see when they were processing your March 2014 application in 0ct 2014 they find out that your were working since dec 2012 illegally .
What was out come of March 2014 visa application.