BC Refused "Breach of immigration law" confused.

[xavieryves]

This thread will also help answer your question as to why Discretion wasn't exercised. (I have a vested interest in the Breach of Immigration law which I continue to research hence happy to share what I'm finding)

british-citizenship/citizenship-refused ... 38559.html

[ouflak1]

Only those who reapply within 28 Days of the rejection are afforded Discretion.

I don't believe this is true for citizenship. For ILR, yes.

[xavieryves]

Only those who reapply within 28 Days of the rejection are afforded Discretion.

I don't believe this is true for citizenship. For ILR, yes.

I would say the clue is in the title of the linked document.

[ouflak1]

Only those who reapply within 28 Days of the rejection are afforded Discretion.

I don't believe this is true for citizenship. For ILR, yes.

I would say the clue is in the title of the linked document.

I think I'm getting confused. From my interpretation of their timeline, that 28 day discretion mentioned in the guidance didn't apply. Secret simon has given the best advice. Try and find out how the UK sees it. If the OP withdrew their appeal for a 'refused' application, it seems to me there simply is no discretion, not 28 days, not any. But I guess if the application was 'rejected', then maybe your 28 day point comes into play. In either case, the result is effectively the same, but the latter might be argued.

[CR001]

Only those who reapply within 28 Days of the rejection are afforded Discretion.

I don't believe this is true for citizenship. For ILR, yes.

I would say the clue is in the title of the linked document.

I think I'm getting confused. From my interpretation of their timeline, that 28 day discretion mentioned in the guidance didn't apply. Secret simon has given the best advice. Try and find out how the UK sees it. If the OP withdrew their appeal for a 'refused' application, it seems to me there simply is no discretion, not 28 days, not any. But I guess if the application was 'rejected', then maybe your 28 day point comes into play. In either case, the result is effectively the same, but the latter might be argued.

The OP has very clearly stated that the application was REFUSED and not REJECTED!!

[mori24]

Hi All,

First I will apply as per secret.simon's sage advice for new SAR. Very different options to why I was refused have been offered so let's see which it was to (possibly) be able and craft an NR response.

I fully understand that ILR and BC are different rules, but clearly -there is also- plenty of overlap. I am curious to see why I received ILR in the first place. My lawyer back then was very clear, there is no break in my 3C (and 3D during appeal, I understand appeals have gone away and hence 3D?), we asked in order to know if we need to stop employment.

Is there is situation where they can claw back ILR (clearly there was no outright deception in all this...)?

[xavieryves]

Only those who reapply within 28 Days of the rejection are afforded Discretion.

I don't believe this is true for citizenship. For ILR, yes.

I was only disputing your assertion that Discretion is only given for ILR and not Citizenship, which it is - as long as the set conditions are met. The OP was confused as to why Discretion wasn't exercised in their case and that emboldened statement alone has 2 reasons as to why i.e. resubmission was after 28 days and her original application was refused rather than rejected.

I fully understand that ILR and BC are different rules, but clearly -there is also- plenty of overlap. I am curious to see why I received ILR in the first place. My lawyer back then was very clear, there is no break in my 3C (and 3D during appeal, I understand appeals have gone away and hence 3D?), we asked in order to know if we need to stop employment.

Is there is situation where they can claw back ILR (clearly there was no outright deception in all this...)?

You were never covered by Section 3D as your leave was not revoked or curtailed. You were only covered by Section 3C whose cover you then lost by withdrawing appeal hence reverting the expiry of your leave to remain to the original date, the one mentioned in your refusal.

I'm guessing you were given ILR because there is more leeway for discretion in Immigration rules than Nationality laws, whose conditions you did not meet. And no, your ILR will not be "clawed back".

[rashmani]

Hi All,

First I will apply as per secret.simon's sage advice for new SAR. Very different options to why I was refused have been offered so let's see which it was to (possibly) be able and craft an NR response.

I fully understand that ILR and BC are different rules, but clearly -there is also- plenty of overlap. I am curious to see why I received ILR in the first place. My lawyer back then was very clear, there is no break in my 3C (and 3D during appeal, I understand appeals have gone away and hence 3D?), we asked in order to know if we need to stop employment.

Is there is situation where they can claw back ILR (clearly there was no outright deception in all this...)?

Whatever you think, you are not eligible for citizenship. You have ILR so you can live here indefinitely without a 2 year break. Just follow the rules and the law. Dont demand anyting that u are not entitled to. Apply when the Govt tells you that u are now eligble. You seem to believe that you are privileged (common American misconception). You are just as ordinary as one from the poorest of nations who want to live here. Accept it and be happy.

[ouflak1]

You seem to believe that you are privileged (common American misconception).

Americans do not have any perception of privilege. We've fought for, and earned with a hard work ethic and dedication, EVERYTHING we have. And considering how many threads I've participated on in just the last year alone from Pakistanis, Indians, Nigerians, etc... who feel they have every natural right to abuse the far-too-generous visa system of the United Kingdom, especially the Asylum system, I'd say you and anybody else who feels that way have very little 'privileged' space to speak about such things from.

[mori24]

Whatever you think, you are not eligible for citizenship. You have ILR so you can live here indefinitely without a 2 year break. Just follow the rules and the law. Dont demand anyting that u are not entitled to. Apply when the Govt tells you that u are now eligble. You seem to believe that you are privileged (common American misconception). You are just as ordinary as one from the poorest of nations who want to live here. Accept it and be happy.

My Mom was born in Morocco and my Dad in Syria, I was born in the USA and I am an american. My Husband 's family is more complicated (Iran, Netherlands, Polish, heritage, few gens in USA). I don't think where you are born set's privilege.I do not understand why you think I am privileged. I employ well paid (lowest salary is £30K) from 21 nationalities (next week it is India lunch day, some of the indian's wives* are corking a lunch for everyone, We only hire based on skill, don't care ethnicity, religion, gender, sexual orientation, color of hair etc.

I also don't know why you think I am not eligible for citizenship, this forum is full of mistakes made by caseworkers, I have come here to see knowledge and advice. I also don't think I have demanded anything in this thread.

As you have nothing positive to contribute and are wholly wrong in knowing who I am maybe stay away from this thread? You have the rest of the internet to share your xenophobic concepts.

*We have 2 recent immigrants from India, both are dependants BTW, one wife is working for the NHS the other is a student. Both are engineers. I have told HR to be extra careful about the (new) Indians, to help them overcome any culture shock, that is where the lunch idea came from, after head of HR talked to them.