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The breach of immigration rules only applies to the relevant 5 years of the application so what happened in 2004 is irrelevant to that criteria.lojzina wrote:Hi there,
I am an A8 national. I am trying to apply for my BC after 20 years in the UK (most of my life) and I have question about an exemption from the WRS registration scheme.
I must say that it is not a straight forward question.
Right by 01.05.2004 I have been in the UK for nearly 11 years (came as an au- pair, became a student, fought the HO over extensions to my student visa etc). On the above date I was employed by a particular authorized employer for just over 3 years. I was also still in the appeal stage with the HO for an extension for my student visa and was exercising Section 3 of the 1971 Immigration Act. But sometime during the three years I have been on the appeal, my solicitor has advised me that I can start working full time, because the appeal is taking longer than precedented and I left my partner (an alcoholic and a woman beater), who was officially my sponsor. However I have no written documentation to support the solicitors advice. So accordingly to the WRS exemption list I was exempt because Section 3 and the fact that the conditions of my appeal have changed. I can only proof my employment with my P60s and pay slips. I can not proof how many hours a week I used to work.
Also at this point I should mention that in May 2004 I telephoned the WRS office on two occassions and on both it was confirmed that I am exempt (in one of the conversations I was told that even if I applied I would not get a certificate of registration ???).
My worry is that I have no written evidence confirming the telephone conversations and the advice of my than solicitor, who now has no evidence either as 10 years have passed since I stopped being his client (apparently??) and that could prevent me becoming a BC (because if they would take only S3 of 1971 in count than I would be in breach of Immigration Rules as I eventually started to work full time and not part time like students are allowed to do so).
I 100 per cent fulfill the other criteria for BC.
When I applied for my son's British passport in 2011, I had to prove that I am exercising the Treaty of Rights and proof of my Permanent Residence, which were the P60s. But I guess that has nothing to do with a proof of not breaching Immigration Rules.
I have scheduled my NCS appointment for this coming Thursday and would really appreciate some more light on the matter. And believe you me I have tried to get some solid answers from few places but to no 100 per cent satisfaction. For people in the same position in 2004 there seem to be everything grey rather than black and white.
I am in no position to loose £874, but at the same time I am more British than my birth nationality (I do know that BC is not awarded because one feels like one).
I hope the above makes sense.
Thanks in advance for a prompt helpful answer.