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I was issued UK WP from India in Oct 2012 and BRP card was valid till 24th Oct,2017. In July 2017 as per my employer i had to move to Denmark and WP from Denmark was issued in Month of July, 2017. My depuation letter stating i would move to Denmark from 31st July 2017. However, due to lack of accommodation in Copenhagen i was unable to move to Denmark till 19th September, 2017. Same date has been sent to UK Home office as my last working day in UK by my employer. This date was submitted in month of November just so you are aware of the facts. Post i have moved to Denmark on mentioned date, i traveled to UK and entered using my BRP card on 5th oct & left on 9th oct, 2017 this travel was intended only to collect my possessions in the UK. While entering i did enquire with immigration officers in both countries if it is ok to travel using my BRP card while i have approved WP for Denmark, IO said it is fine.

In Nov 2017, i applied for visitor visa for Uk to attend my friends uni graduation ceremony, this was declined by authorities in UK. Attached Refusal letter for reference. I understand the reason for refusal, it might be confusing for Officer to understand the circumstances and also understand the documents i have submitted along with my application did not clear the situation. (I never thought if i had to clarify the same along with my application)

However, issue now is if i apply for UK Business visit visa will it be approved or are there any chances of UK Home office to look at this situation as breach of immigration law on my end. This was sheer unintentional mistake and by no means i ever had any intention to enter UK or stay in UK post withdrawal of my COS by employer.

Summary

UK BRP Card Valid till 24th oct 2017 Moved to Denmark on 18th September and stayed in Denmark till 5th oct Traveled to UK - from 5th Oct 2017 and used my BRP card to enter the UK Traveled from UK to Denmark on 9th Oct 2017.

Post this never entered UK or had thought of entering the UK without legally allowed. I have been employed with same employer for last 11 years and with 2 passport of immigration history and never had lapse or mistake of this nature.

Due to this rejection in 2017 i opted out to travel to UK which limits my professional growth and brings constant anxiety while considering for any category of UK Visa.

Please advise

Thanksenter image description here

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    You say you asked " if it is ok to travel using my BRP card while i have approved WP for Denmark". If that is literally what you asked, it may have been the wrong question. The issue seems to be more using the BRP when it was no longer valid because your employer had withdrawn your UK employment effective 30/7/2017. – Patricia Shanahan Aug 13 at 16:21
  • Sorry but as i have mentioned my UK employment was withdrawn on 18th Sept 2017 by my employer and not 30th July. My Passport had temp work permit stamped as 30th July and also the document i submitted with visitor visa application only included my deputation letter which stated that i will move to Denmark by 30th July. – SBK Aug 13 at 16:46
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    Per gov.uk/guidance/immigration-rules/… 245GE entry clearance is valid for the shorter of 5 years or the length of the period of engagement plus 14 days after the end date of the applicant’s employment.So depending on the end date notified to the HO by your employer, your BRP was valid until either 13 Aug (for 30 July end date) or 2 Oct (18 Sep end date). As at the date of your Nov visa application, it looks like the employment end date held by the HO was 30 July. Either way, you were not entitled to enter using your BRP in October. – Traveller Aug 13 at 17:00
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You were refused under V4.2(c) because you did not satisfy the ECO that you were “genuinely seeking entry for a purpose that is permitted by the visitor routes” https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules due to your August and October entries using your BRP. These entries, which occurred after your BRP had ceased to be valid (14 days after the end date of your employment as held in Home Office records at the time of your visa application, i.e. 13 August per Immigration Rule 245GE https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system) probably caused the ECO to question whether you were working in the UK.

You have not been banned at this point - the refusal letter would have informed you had a ban been imposed. So the consequences of your unauthorised entries are that any subsequent application will likely be refused unless you can address the refusal reason. To do this I think you’d need to prove that the correct employment end date was actually 18 September and to explain a) why you returned after the 14 day grace period had ended and b) what the purpose of that short visit was.

Given your previous unblemished immigration history and your concerns about the impact on your employment of not being able to return to the UK, it may well be worth getting advice from an Immigration lawyer before reapplying. https://www.gov.uk/find-an-immigration-adviser

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