Naturalization Application Refused due to illegal work

[Jina123]

Dear all

Please advice me as soon as you can.

I have applied my naturalization in March 2016.

I arrived to UK in 2003 as a student and successfully completed my MBA. After that I got a job and
employer applied for work permit which denied after few months of processing period.

Due to the lawyers advice I have not applied for my student visa extension for the new course I was doing.
After my work permit appeal denied I applied for the student extension.

That was 10 months after my student visa expired. But I had continuation application with work permit department.
My student visa application was accepted by Home office and they said they will try to give a decision with in 14 weeks.
But they delayed the decision and keep contacting them time to time and send my attendance and exam
results. HO always told me to stay until they give the decision. After waited so long i decided to withdraw my application and returned back to my country.
After pushing home office 3 months I withdraw my application, That time they gave me a letter mentioning I overstayed and a removal notice.

I came back to UK after getting married and got my ILR in 2012, Now HO refused my naturalization due to breaching immigration law by working even part time during the processing time of my student visa application.

They asked me to send the NR form ?
Please tell me how can I explain this to HO? Is there any time period for send this NR form?


Please, Please guide me.
Thank you very much
Jina

[CR001]

There is no timeframe within which you have to send the NR form.

When did you original student visa expire?

When did you start working for your 'employer'?

When did you stop working for your employer?

When did you apply for the work permit?

When did you get refusal?

What is the timeframe of dates for appeal etc.?

When did you apply for your next student visa?

What was the working condition of your original student visa?

The dates are important if you want advice.

[Jina123]

There is no timeframe within which you have to send the NR form.

When did you original student visa expire?
31/12/2004

When did you start working for your 'employer'?
September 2004 (part time)

When did you stop working for your employer?
(march 2008 before i voluntary depart). HO never mentioned in my letters to leave the country or my work rights has cancelled when i asked them to send a decision asap.

When did you apply for the work permit?
October 2004 (3 months before my student visa expired)

When did you get refusal?
(April 2005, Appeal and reconsideration went up to end of October 2005)

What is the timeframe of dates for appeal etc.?
April 2005- October 2005

When did you apply for your next student visa?
Just after my appeal denied .First week of Novemberr

What was the working condition of your original student visa?
Part time .

All these happened due to wrong advice from a lawyer. he adviced me we are not allow to send the student extension while work permit is processing. I have explained this to HO last few times.
Thank you very much for your reply. Appreciate your support.

The dates are important if you want advice.

[Jina123]

Also HO asked me few documents before refusing . They wanted me to proved where i lived , what i did ?
where i worked ? during the time I was with out visa ( when my applications were processing)

I sent those documents to HO on time. BUt they issued this refusal letter before the deadline.

Can I ask them to reconsider this under exceptional circumstances.
I am highly qualified.Have paid taxes for the country for long time. Worked as a volunteer.

Please advice with the previous message.

Thank you very much

[ouflak1]

All these happened due to wrong advice from a lawyer. he adviced me we are not allow to send the student extension while work permit is processing.

Technically, the lawyer was correct, although it depends on what you were trying to accomplish.

Can I ask them to reconsider this under exceptional circumstances?

You can ask for reconsideration, but there is no special case for 'exceptional circumstances'.

I am highly qualified. Have paid taxes for the country for long time. Worked as a volunteer.

Being highly qualified and doing volunteer work is commendable, but hardly exceptional circumstances. And paying taxes is mandatory.

Your dates are not exact, but I think that you might qualify approximately sometime after March 2018, 10 years after you say you voluntarily left. That's not really that far off. Would you be willing to just wait it out?

[Jina123]

All these happened due to wrong advice from a lawyer. he adviced me we are not allow to send the student extension while work permit is processing.

"Technically, the lawyer was correct, although it depends on what you were trying to accomplish."

If lawyer was correct have I being illegal during my student visa was processing? I applied my student visa as soon as they denied the work permit appeal.

"Your dates are not exact, but I think that you might qualify approximately sometime after March 2018, 10 years after you say you voluntarily left. That's not really that far off. Would you be willing to just wait it out?"

I would like to get it now. Because I have gone through this immigration issued all the time.
I can send all the information clearly.

[cs95tdg]

When did you original student visa expire?
31/12/2004

When did you start working for your 'employer'?
September 2004 (part time)

When did you stop working for your employer?
(march 2008 before i voluntary depart). HO never mentioned in my letters to leave the country or my work rights has cancelled when i asked them to send a decision asap.

When did you apply for the work permit?
October 2004 (3 months before my student visa expired)

When did you get refusal?
(April 2005, Appeal and reconsideration went up to end of October 2005)

What is the timeframe of dates for appeal etc.?
April 2005- October 2005

When did you apply for your next student visa?
Just after my appeal denied .First week of November

What was the working condition of your original student visa?
Part time .

Was all your employment between September 2004 and March 2008 part time? And was it in accordance with the terms and conditions of your student visa? E.g. Number of hours per week.

I'm trying to establish the time period when the alleged illegal work took place, as it's unclear from the information here at the moment.

If your work permit application was made prior to previous visa/leave expiring, and the subsequent appeal and student visa applications were also made within the permitted timeframe then you would have been covered by section 3c/d. This means that your previous leave as a student would have been extended by the virtue of section 3c/d. Along with the conditions attached to the previous leave - from what I understand. But you may want to wait for others to comment further on whether this would apply in the same way, in the event you are changing immigration categories.

[cs95tdg]

Based on the latest right to work guidance, what appears to be the case is that unless you were studying throughout that period where you were working part time, (I.e. That would be the primary condition attached to any student visa) as a student, then you would have been in breach of its terms & conditions by working part time.

See page 25-28
https://www.gov.uk/government/uploads/s ... uly_16.pdf

That would be my interpretation, but again wait for others to comment further. And also for you to clarify your activity during the time period in question. This is the latest guidance, so I don't know how different it was in 2004-2008.

[Jina123]

Was all your employment between September 2004 and March 2008 part time? And was it in accordance with the terms and conditions of your student visa? E.g. Number of hours per week.

Yes it was Part time. Inland revenue tax paid, employer letter and the pay slips proved it. (18.5 first and then 20 hours per week)


I'm trying to establish the time period when the alleged illegal work took place, as it's unclear from the information here at the moment.

Please see the below dates
04/2003 - 07-2004 - Student visa
07-2004- 12-2004 Student visa extended
2004 August successfully completed MBA
Started working part time
Employer offered a full time opportunity
Applied work permit 10/2004
10/2004- 10-2005 studied advanced diploma as a student and worked part time at the same place
worked permit refused
11/2005 applied for student extension
accepted application
I keep studying and work part time same place.
Updated home office with attendance and the exam results

My question : I did not have leave to remain in this dispute period I work part time and studied under my
previously granted visa condition.
Under section 3 if my first application denied and i applied for a different category while my leave to remain was already expired (11/2005 student extension) am i not eligible to work under student visa
condition(part time) ?






If your work permit application was made prior to previous visa/leave expiring, and the subsequent appeal and student visa applications were also made within the permitted timeframe then you would have been covered by section 3c/d. This means that your previous leave as a student would have been extended by the virtue of section 3c/d. Along with the conditions attached to the previous leave - from what I understand. But you may want to wait for others to comment further on whether this would apply in the same way, in the event you are changing immigration categories.[/quote]

[cs95tdg]

Please see the below dates
04/2003 - 07-2004 - Student visa
07-2004 - 12-2004 Student visa extended
2004 August successfully completed MBA
Started working part time
Employer offered a full time opportunity
Applied work permit 10/2004
10/2004 - 10-2005 studied advanced diploma as a student and worked part time at the same place
worked permit refused
11/2005 applied for student extension
accepted application
I keep studying and work part time same place.
Updated home office with attendance and the exam results

My question : I did not have leave to remain in this dispute period I work part time and studied under my previously granted visa condition.
Under section 3 if my first application denied and i applied for a different category while my leave to remain was already expired (11/2005 student extension) am i not eligible to work under student visa condition(part time) ?

Link to Section 3c/d guidance for your reference: https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

Based on what you have shared my suspicion is that your leave as a student by virtue of section 3c would have ended on the date the HO made a decision on your Work permit appeal.

(I'm unsure why you refer to the subsequent student visa application as a extension, as that would suggest you were extending existing leave. But from your post it doesn't appear that this was the case, as your previous application immediately before that was for a work permit.)

So if you had been working in between the work permit appeal decision date and the date your subsequent student visa was issued, then that would have been considered illegal as you wouldn't have any valid leave during that time period. This is all in my opinion based on my interpretation of the rules.