BRITISH Citizenship Application refused due to Breach of Immigration Law

[Jamkhan12345]

Hi All,

I applied for BC after spending 5 years (EEA Spouse) plus one year on EEA PR. My 6 yers completed on 13 May 2018 applied of June 10 for BC.
My Application refused due to “You were working in UK without valid Leave between 31 Dec 2010 (when my Tier 4 Application was refused) and 14 Feb 2011 when you were granted leave to remain. You stated that you were working in that time hence not compliant with immigration laws”

Now My previous visa was finishing on 31 October 2010 and I made Application on 29 October 2010 so an In-Time application. I got proof that i received refusal letter on 10 Jan 2011 and I made Fresh Application on 26 Jan 2011. Do I be able to get exemptions according to Breaches of Immigration Which states: “you might excercise discretion where the applicant made an ‘in-time’ application but the application was rejected (I made Application in time and got proof) And so they become in breach this is provided there is no reason to doubt that the form was submitted in good faith and a fresh application was submitted within 28 days of rejection and before 31 October 2016.”

Do I have any chance to get it successful on Review ? Please help.

Thanks

[CR001]

What date did you marry your EU spouse??

What application form did you submit on 29 October 2010 and then again on 26 Feb 2011?

What was reason for refusal of the 29 October 2010 application?

[Jamkhan12345]

What date did you marry your EU spouse?? 12 May 2012

What application form did you submit on 29 October 2010 and then again on 26 Feb 2011? Tier 4 Student Visa on both occasions

What was reason for refusal of the 29 October 2010 application? I send the bank statement for 28 days instead of 29.which was corrected in next Application hence It was successful.

What date did you marry your EU spouse?? 12 May 2012

What application form did you submit on 29 October 2010 and then again on 26 Feb 2011? Tier 4 Student Visa on both occasions

What was reason for refusal of the 29 October 2010 application? I send the bank statement for 28 days instead of 29.which was corrected in next Application hence It was successful.

Thanks

[xavieryves]

It looks like you had 2 breaches of Immigration control. One was overstaying and the other is working without immigration status that allowed work.

They refused your BC not for overstaying but for working without HO permission.

On the grounds of overstaying alone (which it sounds like is what you propose to do) you could possibly win the reconsideration but I don't think you can overcome the other one of working when you had no immigration clearance to do so. Did it not say in the Tier 4 refusal letter that you were not allowed to work? From your above account, you already told them you were working during that period.

[Obie]

Unless you were suspended pending the conclusion of your January application which succeeded in February 2011, the review is likely to fail.

[Jamkhan12345]

Unless you were suspended pending the conclusion of your January application which succeeded in February 2011, the review is likely to fail.

If I remember correctly I was suspended but I don’t have any proof of it and because my emploment was not terminated so In my Citizenship Application I wrote start to end date of my employment which include this period. How I can prove that i was suspended?

[nidaulhaque]

You need to get confirmation from employer
What date did they say you can apply again bc?

[rogerr]

Unless you were suspended pending the conclusion of your January application which succeeded in February 2011, the review is likely to fail.

If I remember correctly I was suspended but I don’t have any proof of it and because my emploment was not terminated so In my Citizenship Application I wrote start to end date of my employment which include this period. How I can prove that i was suspended?

you can prove them with your payslip since they suspend you . they should sent you 0 hours payslips that period .