EEA national applying for BC without PR

[Julian11]

I phoned the HO. They said they will try to get me more info and phone me back within 48 hours. The person I spoke to agreed it was vague in an area that is normally straightforward, and he said he'll try to get more details for me. Fingers crossed. Feeling so discouraged.

[Julian11]

I spoke to a lawyer who could see no issue.

The only thing we thought of was that for a couple short self sufficiency periods, NCS did not want to send in my bank statements for them because they said it was too short to make a difference - they were essentially 'bridging' periods between two employments etc. Could this have caused an issue, and if so, wouldn't it have been the case (like with other applications here) that they would have written to me asking for evidence of that particular time period? Even if these periods had been excluded though, they'd still not have hit six months of a break in any year, so it'd not have broken my treaty rights anyway...

[sollie]

I spoke to a lawyer who could see no issue.

The only thing we thought of was that for a couple short self sufficiency periods, NCS did not want to send in my bank statements for them because they said it was too short to make a difference - they were essentially 'bridging' periods between two employments etc. Could this have caused an issue, and if so, wouldn't it have been the case (like with other applications here) that they would have written to me asking for evidence of that particular time period? Even if these periods had been excluded though, they'd still not have hit six months of a break in any year, so it'd not have broken my treaty rights anyway...

Hi Julian
Sounds like you may be right and HO made a mistake. Definitely write to them and let us know how it went.
Good luck!

[Julian11]

Home Office phoned me and explained that the reason for my rejection was that I didn't prove a sixth year in the UK. Thus it became clear that the issue was that they expected me to have the extra 1 year under PR after 5 years of treaty rights exercise (which they said was all in order and accepted).

I didn't say anything over the phone as I did not want to be rude; however I have written a very polite yet clear letter explaining this error - that being married means I only need the 5 years, not the extra year. I will be sending this reconsideration this morning, and so my waiting (and agony!) begins again.

All fingers crossed.

[MSaxp]

I got my approval today as well.

No PR, 8 years working full time, no convictions, tickets,etc.

Applied at the end of september, so just short of 5 months. Not that it affected me in anyway.

Best of luck to everybody waiting

[first2013]

Hello everyone here is a little update from me, non eea family member apply for nationalit 5+1year with prove of working without a permanent in august 2014, so in February 2015 I receive a 3 to 6 months letter asking me to whait, so this morning I receive another letter again asking for my original passport to be send to them as soon as possible, my question now is that has anyone else experience this before ur suggestions will be highly appreciated Thanks

[Storm_b_ringer]

Hello everyone here is a little update from me, non eea family member apply for nationalit 5+1year with prove of working without a permanent in august 2014, so in February 2015 I receive a 3 to 6 months letter asking me to whait, so this morning I receive another letter again asking for my original passport to be send to them as soon as possible, my question now is that has anyone else experience this before ur suggestions will be highly appreciated Thanks

I received a letter after 8 months asking me for my passport again and a list of documents that pertained to a specific 2 year period. I sent them everything I had. It's now 6 weeks later and I had everything returned to me (I included a self-adressed enveloped, postage paid, "recorded signed for"). So send them what they are asking for. They are just probably checking all the final details before approval.

It worked for me. I got a letter today telling me my application for British citizenship has been approved! I just need to wait for the ceremony letter to arrive in the next two weeks.

So glad I didn't give up!

[kelley2014]

Finally after 9 months, and multiple requests for additional information, the famous brown envelope has arrived and my citizenship ceremony is on June 3rd. It has been a long and frustrating wait, but chin up everyone!!

[spiedze]

Hi, I am about to apply for my British citizenship, but after reading all the posts am slightly unsure of what to do.

I am an EEA national, lived in UK for 6 and a half years. Got PR last month, thinking it would speed things up with my citizenship application.

However, I read in another thread that if you are applying with PR, you should apply 1 year after its issue date (even if you have been in the country the required length of time). Or apply without PR if you have been in UK for 6 or more years total.

Is that true, and has anyone had any similar experience?

Would I be refused if I applied with PR that is less than one year old? I am happy to provide all the evidence I submitted with my PR application... On the other hand, if I didn't submit my PR, they would still know I have it, wouldn't they?...

£1005 is a lot of money and I wouldn't want to waste it.

Thanks.

[spiedze]

A friend of mine, an EEA national who applied in September with a PR issued less than a year ago, has just got approval.

Do you know how long before citizenship application was your friend's PR issued?

Mine was issued last month, and I am unsure whether I can apply for the citizenship right away or do I have to wait for 12 months?

(I have been in UK for over 6 years)

[Mattias08]

Hi guys,
First of all congrats to all fortunate enough to get their BC without PR. Unfortunately my case isn't so lucky and I have just received a letter refusing my application.
I'm a Slovak national, living in London almost 11 years, working full time all these years and got my BA degree in the process too. I applied in mid February through NCS, in June I received a letter asking me to provide evidence that I have spent 12months working for the same employer since registering with WRS back in 2005. I never even thought they'd be looking so far back and expected them to look at past 6 years, not the bery beginning of my journey in UK. I remember registering with recruitment agency but 1 week after I received my WRS card I changed jobs and failed to register again (wasn't aware that I had to register with every new employer), even though I then spent 3 years and 2 months working for that employer. I provided my P60s from 2005-2007 as well as p45 from that employer when I left them, plus almost all payslips from that period proving I was working for them.
In the letter I received it says my apllication has been refused due to my not excercising the treaty rights for continuous 5 years. As mentioned, I have lived in London for over 10years, paying taxes, no fines/tickets.
Does anyone have similar experience? What action do you suggest? I'm absolutely gutted and very disappointed to say the least!
Thank you!
Martin

[Gomjaba]

Hi guys,
First of all congrats to all fortunate enough to get their BC without PR. Unfortunately my case isn't so lucky and I have just received a letter refusing my application.
I'm a Slovak national, living in London almost 11 years, working full time all these years and got my BA degree in the process too. I applied in mid February through NCS, in June I received a letter asking me to provide evidence that I have spent 12months working for the same employer since registering with WRS back in 2005. I never even thought they'd be looking so far back and expected them to look at past 6 years, not the bery beginning of my journey in UK. I remember registering with recruitment agency but 1 week after I received my WRS card I changed jobs and failed to register again (wasn't aware that I had to register with every new employer), even though I then spent 3 years and 2 months working for that employer. I provided my P60s from 2005-2007 as well as p45 from that employer when I left them, plus almost all payslips from that period proving I was working for them.
In the letter I received it says my apllication has been refused due to my not excercising the treaty rights for continuous 5 years. As mentioned, I have lived in London for over 10years, paying taxes, no fines/tickets.
Does anyone have similar experience? What action do you suggest? I'm absolutely gutted and very disappointed to say the least!
Thank you!
Martin

You mention you provided P60s 2005-2007 .. What did you provide as proof for the remaining years?

[Mattias08]

Hi guys,
First of all congrats to all fortunate enough to get their BC without PR. Unfortunately my case isn't so lucky and I have just received a letter refusing my application.
I'm a Slovak national, living in London almost 11 years, working full time all these years and got my BA degree in the process too. I applied in mid February through NCS, in June I received a letter asking me to provide evidence that I have spent 12months working for the same employer since registering with WRS back in 2005. I never even thought they'd be looking so far back and expected them to look at past 6 years, not the bery beginning of my journey in UK. I remember registering with recruitment agency but 1 week after I received my WRS card I changed jobs and failed to register again (wasn't aware that I had to register with every new employer), even though I then spent 3 years and 2 months working for that employer. I provided my P60s from 2005-2007 as well as p45 from that employer when I left them, plus almost all payslips from that period proving I was working for them.
In the letter I received it says my apllication has been refused due to my not excercising the treaty rights for continuous 5 years. As mentioned, I have lived in London for over 10years, paying taxes, no fines/tickets.
Does anyone have similar experience? What action do you suggest? I'm absolutely gutted and very disappointed to say the least!
Thank you!
Martin

You mention you provided P60s 2005-2007 .. What did you provide as proof for the remaining years?

Hi Gomjaba,

I have provided P60s for years 2010-2014 upon my original application and 2005-2007 when HO asked me to provide evidence I worked 12months or more with the same employer from the date I registered with Workers Registration Scheme (WRS). As I mentioned, I have registered with WRS on 26th January 2005 but started new job on 3rd February 2005 which I haven't registrered for, even though I provided plenty of evidence (P60s, P45, payslips, contract) to prove I worked with this employer for almost 3 years and 2 months.

The problem might be the fact that I didn't register my new employer with WRS when I started working there on 3rd February 2005 but I had no idea HO would be looking at something that happened 10+ years ago rather than "only" past 6ish years when attempting to satisfy the residency requirements, especially since NCS knew about this when I applied through them and didn't say this could be a problem.

Is it worth getting solicitor/lawyer having a look at it and possibly get them to act on my behalf when requesting a reconsideration?

Many thanks!

Martin

[jaweb]

Martin,

Does not matter if you have been living in UK for 11 years if your WRS registration failed because it means you have worked here illegally. As WRS was abolished in April 2011 your legal time starts from that time which means you do not have 6 legal years. That's why you were refused!
When you registered yourself at WRS you needed to work a full year (30days could have been a break only) and if you changed your employer it was your obligation to reregister yourself with HO
So in your case your refusal was correct and you have no reason to ask reconsideration as you have broken the law. Sorry mate