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EEA to BC - NCS family application refused HELP

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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runie80
Member of Standing
Posts: 488
Joined: Fri May 25, 2007 10:17 pm

Re: EEA to BC - NCS family application refused HELP

Post by runie80 » Thu Mar 20, 2014 4:31 pm

Just read this thread. Great information.

Congratulations to Treatyrightsman.

and Jambo You rock ! totally sound advice
In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.

TreatyRightsMan
Newly Registered
Posts: 17
Joined: Mon Oct 07, 2013 1:55 pm

Re: EEA to BC - NCS family application refused HELP

Post by TreatyRightsMan » Mon Mar 31, 2014 5:41 pm

Gents,

Just a quick update and request for your valuable advice on another yet bizarre experience with the NCS and HO. Following the successful naturalization of my partner and son (see previous thread), I went to the NCS today to submit my own application on the basis of being spouse of a UK citizen.

I had expected a fairly straightforward application, especially after having gone through the trouble of actually obtaining the EEA3 permanent residency document (obtained on the basis of having exercised Treaty Rights between Sep 2007 and Sep 2012). I was very surprised to learn that my application would not not go through as apparently my evidence in support of my 3 year residency in the UK for the period between 31 march 2011 and 31 march 2014 was not deemed solid enough by the NCS agent.

I provided the agent with P60s for the tax years 2010/2011 and 2011/2012 as well as the P45 of my most recent employment prior to plunging into my longest spell of unemployment in the summer of 2012, lasting until present. I was on JSA for quite a long time before deciding to stop it following the receipt of a job offer which never materialized into an actual job. left with no other option, I then reopened my claim. I provided the NCS agent with both award letters but she was still not satisfied as she pointed to the gap during which I was waiting for my job to start (approximately 6 months) with no running JSA claim. I was clearly in the country and not breaking my residency. I find it slightly odd to be penalized effectively for having saved the UK government 6 months of unemployment benefits which I was clearly entitled to... Or am I missing something here?

Grateful if somebody could explain to me how to provide the HO with solid evidence to convince them that I was actually there during the past 3 years. The problem is that my passport never gets stamped so I kind of understand that the HO has somewhat limited ability to check my absences.

Can you suggest any alternative documents I can submit to cover the period between the summer of 2012 until now? I have a P60U covering the 2012/2013 tax year and presumably there will be another one arriving sometime soon as we are nearing the end of tax year 2013/2014 . Would those two documents be sufficient to provide rock solid evidence ? If yes, how soon can I expect the P60U to come through?

Many thanks for your help!

TreatyRightsMan
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Posts: 17
Joined: Mon Oct 07, 2013 1:55 pm

Re: EEA to BC - NCS family application refused HELP

Post by TreatyRightsMan » Mon Mar 31, 2014 7:31 pm

just a quick addition. I made some additional research and even the website of the NCS itself states that you can use child tax credit statements as evidence covering ALL 3 tax years! I had those readily available but the lady on the counter insisted on letters from the Job Centre clearly stating the start and end of my job seekers allowance during the residency period or P60s as the only acceptable form of evidence. Do I have a case for making a complaint and getting a free rebooking of my appointment?

runie80
Member of Standing
Posts: 488
Joined: Fri May 25, 2007 10:17 pm

Re: EEA to BC - NCS family application refused HELP

Post by runie80 » Tue Apr 01, 2014 10:46 am

TreatyRightsMan wrote:Gents,

Just a quick update and request for your valuable advice on another yet bizarre experience with the NCS and HO. Following the successful naturalization of my partner and son (see previous thread), I went to the NCS today to submit my own application on the basis of being spouse of a UK citizen.

I had expected a fairly straightforward application, especially after having gone through the trouble of actually obtaining the EEA3 permanent residency document (obtained on the basis of having exercised Treaty Rights between Sep 2007 and Sep 2012). I was very surprised to learn that my application would not not go through as apparently my evidence in support of my 3 year residency in the UK for the period between 31 march 2011 and 31 march 2014 was not deemed solid enough by the NCS agent.

I provided the agent with P60s for the tax years 2010/2011 and 2011/2012 as well as the P45 of my most recent employment prior to plunging into my longest spell of unemployment in the summer of 2012, lasting until present. I was on JSA for quite a long time before deciding to stop it following the receipt of a job offer which never materialized into an actual job. left with no other option, I then reopened my claim. I provided the NCS agent with both award letters but she was still not satisfied as she pointed to the gap during which I was waiting for my job to start (approximately 6 months) with no running JSA claim. I was clearly in the country and not breaking my residency. I find it slightly odd to be penalized effectively for having saved the UK government 6 months of unemployment benefits which I was clearly entitled to... Or am I missing something here?

Grateful if somebody could explain to me how to provide the HO with solid evidence to convince them that I was actually there during the past 3 years. The problem is that my passport never gets stamped so I kind of understand that the HO has somewhat limited ability to check my absences.

Can you suggest any alternative documents I can submit to cover the period between the summer of 2012 until now? I have a P60U covering the 2012/2013 tax year and presumably there will be another one arriving sometime soon as we are nearing the end of tax year 2013/2014 . Would those two documents be sufficient to provide rock solid evidence ? If yes, how soon can I expect the P60U to come through?

Many thanks for your help!
thats very odd. but you can submit
Gas electricity Bills ?
Council letters ?
Bank statements (although i don't think they should ask u for that)
Council tax statement ? well if you are paying your council tax surely thats a proof that ur residing at a place
MOT or Car tax disc
Child benefit ?
or the email showing that you had a job offer and that fell through ....

Just my 2 cents ....

also what NCS service you are using ? they do seem to be very fussy from your previous posts...

My NCS service email says the following

"It is essential that you bring the following items with you for the appointment:

Completed Application Form
Your Passport/Travel Document
Life in UK Test Certificate
Marriage/Civil Partnership certificate and partner's British Passport (if applicable) Appointment Fee of £70 per adult, and £35 per child to be paid

Please bring with you any other relevant documentation to support your application, eg employees letter, birth certificate or P60.
In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.

TreatyRightsMan
Newly Registered
Posts: 17
Joined: Mon Oct 07, 2013 1:55 pm

Re: EEA to BC - NCS family application refused HELP

Post by TreatyRightsMan » Tue Apr 01, 2014 6:21 pm

Thanks Runie. Unfortunately none of the above you mentioned would convince the agent that I was resident in the UK...

See my complaint email to the NCS which just went through. I am hoping to get at least a courtesy rebooking free of charge after all this hassle... I doubled checked with the nationality hotline today and they confirmed to me that there are many ways to confirm your residency other than P60s and JSA letters, contrary to the claim of the NCS agent...
Dear [x]

I refer to my application for UK citizenship on the basis of s6 2 spouse of UK citizen yesterday customer number [x]

As you might recall we were unable to submit the application to the home office for consideration due to an apparent lack of evidence of my residence in the UK for the past 3 years.

I have now had a chance (following half a day of almost continuous calling... ) to speak to the home office nationality helpline myself outlining my situation to the call centre person. He referred me to page 14 of guide AN which clearly states that government entity documents are perfectly acceptable as proof. When probing further he confirmed to me that, contrary to the information provided by yourself during our session, there are many more ways than just p60s or job seekers allowance benefit letters to confirm my residence in the country in the absence of any employment.

2 pieces of evidence which were confirmed to me as being perfectly acceptable were council tax bills and award letters from the HMRC regarding child tax credit covering the residential qualifying period.

I would like to remind you that I did have my child tax credit annual statements clearly stating my name and covering the last 3 years with me as well as full information from my local authority confirming my residence (council tax bills etc) . when I mentioned this fact to you, you indicated that they would not hold as evidence. However this seems to be contradicting what the home office helpline was telling me on other government entities being accepted.

In light of these findings I would like to kindly ask you to rebook another appointment free of charge at your discretion to compensate for what I believe to have been slight oversight.

I continue to think very highly of the standard of service provided by [x] council and look forward to using your service in future. Please feel free to call me if you wish to discuss this further.

Best wishes

runie80
Member of Standing
Posts: 488
Joined: Fri May 25, 2007 10:17 pm

Re: EEA to BC - NCS family application refused HELP

Post by runie80 » Tue Apr 01, 2014 8:37 pm

TreatyRightsMan wrote:Thanks Runie. Unfortunately none of the above you mentioned would convince the agent that I was resident in the UK...

See my complaint email to the NCS which just went through. I am hoping to get at least a courtesy rebooking free of charge after all this hassle... I doubled checked with the nationality hotline today and they confirmed to me that there are many ways to confirm your residency other than P60s and JSA letters, contrary to the claim of the NCS agent...
Dear [x]

I refer to my application for UK citizenship on the basis of s6 2 spouse of UK citizen yesterday customer number [x]

As you might recall we were unable to submit the application to the home office for consideration due to an apparent lack of evidence of my residence in the UK for the past 3 years.

I have now had a chance (following half a day of almost continuous calling... ) to speak to the home office nationality helpline myself outlining my situation to the call centre person. He referred me to page 14 of guide AN which clearly states that government entity documents are perfectly acceptable as proof. When probing further he confirmed to me that, contrary to the information provided by yourself during our session, there are many more ways than just p60s or job seekers allowance benefit letters to confirm my residence in the country in the absence of any employment.

2 pieces of evidence which were confirmed to me as being perfectly acceptable were council tax bills and award letters from the HMRC regarding child tax credit covering the residential qualifying period.

I would like to remind you that I did have my child tax credit annual statements clearly stating my name and covering the last 3 years with me as well as full information from my local authority confirming my residence (council tax bills etc) . when I mentioned this fact to you, you indicated that they would not hold as evidence. However this seems to be contradicting what the home office helpline was telling me on other government entities being accepted.

In light of these findings I would like to kindly ask you to rebook another appointment free of charge at your discretion to compensate for what I believe to have been slight oversight.

I continue to think very highly of the standard of service provided by [x] council and look forward to using your service in future. Please feel free to call me if you wish to discuss this further.

Best wishes

Thats very strange. I mean we all have different lives and NCS service is there to accommodate people where the people don't have the requested document for a valid reason but i think in this case they have really not follow the policy.

I would suggest book a different NCS as this one seems to be very fussy.You are not saying that you are not happy to provide additional documents. and you can only provide what you have.

Wish you best of luck hope all goes well.

I have read some stories here where the NCS have been very fussy about the rules....
they need to understand that 3 years or 6 years is a long time and not everyone has every single document organized. things happen documents get lost or destroyed and they should always accommodate people with alternative documentation
In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.

TreatyRightsMan
Newly Registered
Posts: 17
Joined: Mon Oct 07, 2013 1:55 pm

Re: EEA to BC - NCS family application refused HELP

Post by TreatyRightsMan » Wed Apr 02, 2014 2:18 pm

Gents,

Just a quick update, following my earlier email I received a courtesy call from the NCS this morning, the result of which was a very friendly chat and a very generous offer by the manager of the NCS section to rebook my appointment free of charge. They were even kind to accommodate me the same day (just got back from the appointment) which has saved me a few quid in light of the increase of the HO application fees 2 days from now!

Gladly we manged to reach an agreement on the supporting evidence for the residential qualifying period, and after 4 calls to the case worker during my 'bonus' NCS appointment, everybody was satisfied that my application would go through. For your information, evidence I provided:

First two years (Apr2011 to Apr 2013)
-2 p60s coverning 2011/2012 , 2012/2013 (up to april 2013)

Final year (Apr 2013-present)
1 HMRC tax coding notice covering tax year 2013/2014,
-1 child tax credit award letter covering 2013/2014
-1 child benefit award letter
-one birth certificate from our 2nd son who was born in the UK during that period
-1 letter from my GP confirming I have been in ongoing treatment with him over the past 3 years (dated today)
-1 letter from the home office itself which I received alongside my EEA3 back in December
-2 pieces of correspondence from the NHS

Fingers crossed, will keep you posted on the outcome.

runie80
Member of Standing
Posts: 488
Joined: Fri May 25, 2007 10:17 pm

Re: EEA to BC - NCS family application refused HELP

Post by runie80 » Wed Apr 02, 2014 2:25 pm

Great stuff.

very good news.
now the wait continues.
i applied today as well Staying positive and hopefully all will be fine
In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.

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