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Application for british citizenship has been refused

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  • Application for british citizenship has been refused

    Hi all,
    I have permanent residence card and I'm in title to apply for naturalisation and I did.
    i received letter saying my application for british citizenship has been refused due to:

    I was granted entry clearance visitor visa from 29/12/2011 to 29/06/2012 I have submitted a HMRC history of employment letter confirming my employment from 06/04/2012 until 06/04/2015 for chxxx restaurant and this show that I was working while holding visit visa which does not give me permission to work.

    That's right I came to london with visit visa from 06/04/2012 and I left the country before my visa expired in 20 days and that was in june 2012 and I didnt work at chopstick.

    I came back to london on the 2nd of december 2012 and this time with EEA FAMILY MEMBER VISA and I start to work in chxxxx restaurant the 9th of december 2012.

    Even I have a letter of my national insurance number was issued 27th December 2012.

    So my first employee register my start date and my end date wrong.

    I start with chxxx 9th of december 2012 and finished 26th June 2013 while he registered me starting date 06 april 2012 and end date 05 april 2015.

    How can he register me while I wasnt working for him and i wasnt even in the country ?

    And how I can appeal ??

    I went to a solicitor he wanted to charge me 2372£ and I cant afford to pay this money.

    Please advise me what i should do.

    Kind regards

  • #2
    Louis M (lawyer) Looks like the employment details were wrongly recorded and the Home Office assumed they were working on a visit visa and refused the application, what would you suggest?

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Correction for my previous post:
      I came to london 29/12/2011 till 29/06/2012 with a visit visa and I didnt work during that time.
      Then left united kingdom on the 09/06/2012 and I came back to london on the 02/12/2012 with an EEA FAMILY MEMBER VISA and I start work at chopstick in december.

      Comment


      • #4
        Datsun Have appended your new post to this thread, you should be able to respond here without having to start a new topic.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          I will respond tomorrow morning

          I am an immigration solicitor regulated by the Law Society of England and Wales.  I work at Truth Legal Solicitors where I am Head of Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Louis M for full details.

          Comment


          • #6
            There is no right of appeal. But you can request a reconsideration of your case. Cost is £372 (which is reimbursed if successful) and you use for NR.

            You would be looking to provide evidence to show that in fact you were not, in fact, working from 6/4/12 - 9/12/12.

            There is no set deadline to lodge the reconsideration request

            How likely you are to succeed depends on the particular facts of your case. I'm not sure if the evidence you provided actually stated you were working from 6/4/12 - 9/12/12 - if so that makes your job a bit harder as the Home Office has acted reasonably in relying on your own evidence.

            However, if you have good evidence that you could not have been working at that point (eg. passport stamps, evidence of flights etc, P60s), then you might be able to overturn the decision. It could even be a criminal/HMRC matter for the employer if the employer has been making false representations to HMRC.

            This might be a case were you should seek legal advice if you want to challenge the decision.

            Alternatively you could wait until 10 years have passed from the period of alleged overstaying before making a new application.

            I am an immigration solicitor regulated by the Law Society of England and Wales.  I work at Truth Legal Solicitors where I am Head of Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Louis M for full details.

            Comment


            • #7
              Datsun One of our lawyers has responded and suggested seeking legal advice, as this can be a difficult challenge, because the evidence you yourself provided stated that you were working continuously at that establishment for 3 years, including a period when you didn't have the right to work here. The details of all our lawyers, including Louis who very kindly responded above, can be found here: Our Legal Team - UKCEN Citizenship and Residence for European Nationals and their families

              The alternative of waiting 10 years would take you till the end of 2022 (when you got your EEA-FP), at which point you'd have to submit a fresh application and pay the full fee again, which may have increased by then.

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment


              • #8
                Thank you all for all the Informarions.
                on my passport the stamps prove that I wanst even in the country in that time .
                i did a mistake while I was filling the form online as I was following the work history paper without I payed attention for the starting date if the first job.
                do the site here provide private solicitor and if yes how much the fees will be .
                kind regards

                Comment


                • #9
                  Originally posted by Datsun View Post
                  Thank you all for all the Informarions.
                  on my passport the stamps prove that I wanst even in the country in that time .
                  That would certainly help your case considerably, as there's no arguing with passport stamps!

                  Originally posted by Datsun View Post
                  i did a mistake while I was filling the form online as I was following the work history paper without I payed attention for the starting date if the first job.
                  It's easily done, particularly when you did nothing wrong, you don't even think about it!

                  Originally posted by Datsun View Post
                  do the site here provide private solicitor and if yes how much the fees will be .
                  kind regards
                  Yes, we do have a number of lawyers on board who volunteer for the group and also offer private paid legal advice and representation. Louis M, who very kindly responded to your query above, is one of them, you will find contact links in his signature. We also have a number of other lawyers on board, as per link I posted above.

                  As their paid legal services are performed entirely off the forum, the fees are something that gets quoted at the time you contact them directly and depend on the individual case as well as how much work you'd like them to do for you, i.e. from just a one-off consultation to full legal representation.

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment

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