ILR for WP - General ground for refusal or not?

[ShiningHope]

My case is unique and reflects my stupidity but that does not mean I am a genuine law breaker. I have been living and working in the UK for over 7 years, paid my taxes always and working in the same place for last 5 years. Got promoted recently. No conviction. The story is bit long but please read it all and if someone could advise. I have been to many solicitors and have not been able to have a satisfactory answer.

Aug 2008- 60 months Change of Employment WP-FLR ( STILL WORKING FOR THE SAME EMPLOYER)
Sep 2008- started working
Oct 2008- 60 month FLR
Feb 2010- Married in my home country returned UK Feb 2010
May 2010- COA applied to marry a British person while married in my home country not knowing the legal standing of my Islamic wedding held in my home country and declaring myself available to marry and never married before on the form
June- 2010- Withdrawn COA as soon as realised mistake by telling UKBA that I want to withdraw and have married already under Islamic Law but over the phone the lady from UKBA misunderstood and according to SAR she reported as notes of my conversation " the applicant wants to withdraw because he says he is already married to his fiancé and do not wish to proceed for civil registry. This is pure misunderstanding as she took it as I was talking about the British person ( COA sponsor) however I never married to anyone else other than my first and only wife. I can explain this, I guess.
Sep 2010- Wife Dependant Visa granted in Home country
Oct 2010- wife joined me in the UK
Apr 2012- applied ILR with my wife at PEO, application held for further enquiries.
May 2012- withdrawn ILR because of urgent travel plans and immediately left UK for 3 weeks with my wife returned June 2012
May 2012 - received UKBA letter asking to explain my claim that I was married to another person other than my wife (according to withdrawn application notes) and HMRC 5 years summary because I had three employers in 5 years.

Now I'm not sure if there is a problem with withdrawn COA because when I withdrawn COA, my wife applied for her visa after three months since the withdrawal and she was granted it within a week. Does this not mean that my wife was acknowledged as my legit wife and the COA was null and void since I pulled out before the decision was made? Though my representation in the form was absolutely based on my rookie legal knowledge.

I have been to few solicitors and the recent I went to has advised me to apply for my ILR at PEO first then apply for my wife later in the post. Honestly I don't think I have breached any law ever and this COA episode was just a bad thing happened to me in heat of a moment but thanks God I withdrawn it timely.

My wife and I have been living together for almost three years in the UK and now have a baby recently born in the UK. I struggle to come up to a better conclusion as what should I do?

I have been with the same employer all 5 years and have obtained 5 years HMRC summary recently.

Can anyone please advise? Do I fall in the category of refusal under general grounds?

Thanks a lot!

[TheGreenTea]

Why don't you request SAR from UKBA for yourself and your wife and see what HO recorded.
Once you receive the information - it will be a bit clearer for you (and solicitors) to see what documents you need to supply and what you actually need to include in your cover letter

http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

[ShiningHope]

Thanks for your reply.

I have requested SAR at both occasions and received them:

JAN 2012 - Before applying ILR last year and in those notes, they had COA form i completed and their notes when I withdraw the application

JUN 2013 - Rcvd last week and this time, they have only notes when I withdrew the COA ( The same i mentioned in the Original Post). In this SAR, they have actually had all the positive things ticked in my favour that I am continuously here, my wife is my dependant and have the same visa as mine, i can afford my family, i have enough money in my bank for last 3 months, no conviction, no over stayer etc etc. They also have in their notes, thet senior case worker has required more information about marriage and employment history. In this SAR they also have mentioned that some of my record has been declared missing and lost because they cannot obtain it and is not available anymore. One of the items lost is the COA form which I did receive in the first time and someone has advised that it has been lost and never filed in back in my file so may be a good thing in my favour. Don’t know to be honest because they still have notes about this SAR and withdrawal.

I have employment history from HMRC now and can explain the misunderstanding about SAR and withdrawal.

My main worry is will they use my lack of knowledge about COA form completion and declaring myself available to marry and never married before whereas I was married in my country. They other aspect of it I pulled it out the moment I realised my mistake. I had not known that Islamic marriages are valid and acceptable in UK. After this incident they accepted my wife's dependant visa and granted her visa.

Can they use this as “misrepresentation" against me? I am honestly baffled because I never intended to do this and sooner I realised I immediately called and pulled out.

Shall I apply alone and then my wife with explanation or apply together?

Anyone please advise?

[TheGreenTea]

Well, why don't you write a cover letter explaingin notes in SAR but not going into lengthy details and apply at PEO for ILR as your solicitor suggested.
If UKBA lost records and all that is shown on notes that COA was withdrawn - ok. Be prepared to answer the question if they ask you, but they prob won't.