BC Refused due to working - Caseworker error

[johns41510]

Hi please can you help me
I have been refused citizenship by claiming that i had worked while i have been refused indefinite which i wasn't, they misunderstood my employment status, even i made it clear that i worked on and off but they take it as full time work, this is the letter that i was thinking to send to the HO as reconsideration and it explains the problem, I don't know if its right or do i have to do something else, Please help me.
Thank you
The letter :

Regarding my application for British citizenship refusal
My application has been misinterpreted incorrectly and not understood by xxxxxxxx the case worker regarding my employment at the Cafe,
* On my application form I made it very clear (twice) that I was working ON and OFF. This means that I would work one day and then not work again for another 6 months or a year or even 2 years. xxxxxxxxxx either didn't read what i wrote or she over looked it.
*On the section "Give other details to be considered" I wrote "MY EMPLOYMENT AT THE CAFE, WAS ON ZERO HOURS CONTRACT, SO I WORK ON AND OFF WHEN I WAS REQUIRED."

*I was only required to work 2/3 days a year.
*My work at the cafe was UNPAID as I wanted to get experience so I can use it on my CV as work experience in the field of a manager in a restaurant.
*xxxxxxxxxx has refused my application claiming that I was in the United Kingdom without a valid leave between 30/5/09 when my application for indefinite leave to remain was rejected (As it was under an appeal process)and on the 26/4 /10 I was granted indefinite leave to remain. During this period 30/5/09 TO 26/4 /10 xxxxxxxxxx claims that I was working. I would like to make it clear I never worked one day during this period, as I had not been required to work 2 month before the date of 30/5/09 prayer to giving birth to my second child on the 12/4/2009 (birth certificate enclosed). I never worked at the Cafe until my son was two years old .
*As xxxxxxxxxxxxx has NO EVIDENCE that I was working during this period as mentioned above, I would like my application looked at by a senior member as I have been refused British citizenship based on a misunderstanding on my employment.
*As my work at the Cafe was only few days over the years, I had mentioned it in my application as it is still comes under work I have done, I have been honest at my application and I made it clear that its on and off, I always respected the laws of this country and I never broken any law since I came and I am of a good character, i knew very clearly that i wasn't aloud to work and I didn't work first because I know the law and I respect it and second I got my refusal one month after I had my second baby. However xxxxxxxxxxxxx has taken it as a paid full time employment which it is clearly not.
I you need any more information please don't hesitate to contact me

*****************************************************************************

Can any one help me plz thx

[CR001]

1. DO NOT post full names of HO staff on the forum. You have not been given permission by the person to post their names on a very public forum for all to read.

2. What is your FULL immigration history in the UK?

3. What is the exact wording of the refusal, excluding ANY personal details?

[johns41510]

Hi sorry for the late reply
This is the first time I post in a forum so I don't know how it works really, sorry for any confusion.
My immigration status history is as follows:
from 10/05/07 to 10/05/09 I had spouse visa
On 30/05/09 my application for ILR was refused because i didn't do life in uk test
on 26/04/10 i was granted ILR


The exact words in the refusal letter are :
You were in the UK without valid leave between 30/05/09 when your application for ILR was rejected and 26/04/2010 when you were granted ILR. You were not therefore compliant with UK Immigration laws during this period. You have declared on your application form you were employed as a manager at the cafe during the period 30/08/07 to 30/09/11.



***I made it clear on my application that I was working on and off but i was not required on the application to give the exact dates when i was working and when i wasn't so i just wrote that I was working on and off.

Thx a lot for you reply

[IcikePicike]

Sorry, I don't understand. The application form requires you to enter dates of your employment. What do you mean it doesn't? If you don't write down the dates, how do you expect the Home Office to process your employment record?

It sounds to me that you filled out the form incorrectly.

[epi]

Your employment confirms you have been staying unlawfully in the country and working. I am afraid you must wait 10 years after ILR granted.

[johns41510]

Hi thanx for your reply
Yes i put down the date of my employments, from the first day i worked and the last day i worked and in between all that i only worked in total approximately about 30 to 35 days just if i was required.
In the application it doesn't ask you exactly the dates that you worked it gives you only a date of start and date of end it doesn't ask you specific days like work history it just give you one date to fill in so i thought that i should put the first day i worked and the last day i worked I hope i explained it properly

[johns41510]

Your employment confirms you have been staying unlawfully in the country and working. I am afraid you must wait 10 years after ILR granted.

Hi

I have explained it in my application that i haven't worked full time , i stated clearly in my application that i was working on and off, and in that time when i wasn't allowed to work i haven't worked first due to i was in labour in the same time i had my first ILR refused and then i had my baby and i didn't work until my son reached two years old, and after two years i was granted my ILR and i was allowed to work I never worked in the time when i wasn't allowed

[epi]

You were rejected because you were not compliant with UK Immigration laws. How much you worked: full time, part time, 0 hours - doest not matter.

[IcikePicike]

Hi thanx for your reply
Yes i put down the date of my employments, from the first day i worked and the last day i worked and in between all that i only worked in total approximately about 30 to 35 days just if i was required.
In the application it doesn't ask you exactly the dates that you worked it gives you only a date of start and date of end it doesn't ask you specific days like work history it just give you one date to fill in so i thought that i should put the first day i worked and the last day i worked I hope i explained it properly

Unfortunately you misinterpreted what it means to apply for British Citizenship: you cannot expect the Home Office to interpret what you put down the way it suits you. If you put a date range 01/01/2016 and 31/12/2017, they will assume (like everyone else would) that you continuously worked during that period. 'On/Off' doesn't cover it.

Your application is supposed to show that you complied with immigration laws of the UK. You either couldn't be bothered to fill it out accurately or - as others suggested - you didn't comply with immigration laws.

[nidaulhaque]

On and off does not make any sense even through if you able to prove you was not working on that time by proving p45 etc your application still be refused since you not had valid visa from 2009 to 2010
Nothing can be done sorry you have to wait and apply again