Refused

[gumfree7]

Hi all,

So today I received a letter from the Home Office saying my application was refused because I haven't been a Permanent Resident for 12 months.

I arrived in the UK in 2007 and was dependent on my mother (I am and my mother is an EU Citizen) for all of this time - she was exercising her treaty rights and because I was still in school so was I, and under Directive 2004/38/EC I became free of immigration restrictions after 5 years and became a permanent resident automatically in 2013 pursuant to the exercise of those treaty rights.

I applied for a Permanent Residence card in 2015 as I thought this would ease the process of a Citizenship application, however, the Permanent Resident cards only show the issue date and do not show for how long you have been in the UK and for how long you have actually been a permanent resident.

When I was in the NCS the lady filled in the "Date Permanent Residence Issued" as it was on my Permanent Residence card. I believe the Home Office to have only taken a look at my card and did not look at the documents I supplied proving I have been in the UK continuously for 8 consecutive years. I believe this to be an absurd allegation but this is Home Office we are talking about.

They stated in the refusal letter that I can complete the Form NR and send it to them with a £80 re-consideration fee. However, they do not state where, how long will it take and whether or not they need original documents.

What should I do?

Am I doomed? Or should I complete and send the Form NR, how long do you usually have to wait? Because frankly, I have given up.

[noajthan]

Hi all,

So today I received a letter from the Home Office saying my application was refused because I haven't been a Permanent Resident for 12 months.

I arrived in the UK in 2007 and was dependent on my mother (I am and my mother is an EU Citizen) for all of this time - she was exercising her treaty rights and because I was still in school so was I, and under Directive 2004/38/EC I became free of immigration restrictions after 5 years and became a permanent resident automatically in 2013 pursuant to the exercise of those treaty rights.

I applied for a Permanent Residence card in 2015 as I thought this would ease the process of a Citizenship application, however, the Permanent Resident cards only show the issue date and do not show for how long you have been in the UK and for how long you have actually been a permanent resident.

When I was in the NCS the lady filled in the "Date Permanent Residence Issued" as it was on my Permanent Residence card. I believe the Home Office to have only taken a look at my card and did not look at the documents I supplied proving I have been in the UK continuously for 8 consecutive years. I believe this to be an absurd allegation but this is Home Office we are talking about.

They stated in the refusal letter that I can complete the Form NR and send it to them with a £80 re-consideration fee. However, they do not state where, how long will it take and whether or not they need original documents.

What should I do?

Am I doomed? Or should I complete and send the Form NR, how long do you usually have to wait? Because frankly, I have given up.

That is most unfortunate & an error or misunderstanding of your case on NCS's part.

As you surmise, HO have evidently applied the free from immigration time restrictions rule which requires 12 months of settled status/PR (if not married to a BC) against the date of issue of PR card.

You should appeal and explain clearly the timeline by which you believe you acquired PR (as a dependent family member) by the earlier date.

Unfortunately you will have to pay the £80 fee to do this;
you will have to be able to prove your sponsor's treaty rights (again)
- as you must have done when you applied for your 'confirmation of PR' card.

The forum FAQS also discuss this type of scenario, see Q5:
british-citizenship/citizenship-faqs-co ... 95747.html

Send the reconsideration form & all evidence, cover letter & etc to here:
https://www.gov.uk/government/publicati ... ed-form-nr
I can't comment on how long it may take.

Note: Keep scans & copies of all your docs (& the form) in usual way.

Don't give up - good luck.

[gumfree7]

Hi all,

So today I received a letter from the Home Office saying my application was refused because I haven't been a Permanent Resident for 12 months.

I arrived in the UK in 2007 and was dependent on my mother (I am and my mother is an EU Citizen) for all of this time - she was exercising her treaty rights and because I was still in school so was I, and under Directive 2004/38/EC I became free of immigration restrictions after 5 years and became a permanent resident automatically in 2013 pursuant to the exercise of those treaty rights.

I applied for a Permanent Residence card in 2015 as I thought this would ease the process of a Citizenship application, however, the Permanent Resident cards only show the issue date and do not show for how long you have been in the UK and for how long you have actually been a permanent resident.

When I was in the NCS the lady filled in the "Date Permanent Residence Issued" as it was on my Permanent Residence card. I believe the Home Office to have only taken a look at my card and did not look at the documents I supplied proving I have been in the UK continuously for 8 consecutive years. I believe this to be an absurd allegation but this is Home Office we are talking about.

They stated in the refusal letter that I can complete the Form NR and send it to them with a £80 re-consideration fee. However, they do not state where, how long will it take and whether or not they need original documents.

What should I do?

Am I doomed? Or should I complete and send the Form NR, how long do you usually have to wait? Because frankly, I have given up.

That is most unfortunate & an error or misunderstanding of your case on NCS's part.

As you surmise, HO have evidently applied the free from immigration time restrictions rule which requires 12 months of settled status/PR (if not married to a BC) against the date of issue of PR card.

You should appeal and explain clearly the timeline by which you believe you acquired PR (as a dependent family member) by the earlier date.

Unfortunately you will have to pay the £80 fee to do this;
you will have to be able to prove your sponsor's treaty rights (again)
- as you must have done when you applied for your 'confirmation of PR' card.

The forum FAQS also discuss this type of scenario, see Q5:
british-citizenship/citizenship-faqs-co ... 95747.html

Send the reconsideration form & all evidence, cover letter & etc to here:
https://www.gov.uk/government/publicati ... ed-form-nr
I can't comment on how long it may take.

Note: Keep scans & copies of all your docs (& the form) in usual way.

Don't give up - good luck.

Hi thank you so much for replying and giving a very insightful answer. I will write a letter print it off and submit it for reconsideration with the form NR. I just can't believe they are that lazy as not to check all of the documentation, part of me believes they did it to get more money.

[noajthan]

Hi thank you so much for replying and giving a very insightful answer. I will write a letter print it off and submit it for reconsideration with the form NR. I just can't believe they are that lazy as not to check all of the documentation, part of me believes they did it to get more money.

The NCS official condemned your application to fail by filling in that PR date & not realising she had made youu look as if you had failed the 12-month rule.

You may have some sort of negligence case against NCS but not sure what redress you have there;
you would likely only get your NCS fee returned (if anything).

I don't believe HO are evil or malicious; they are just a bureaucratic & rule-bound organisation (after all it's a government department).

Caseworkers (probably overworked & underpaid) 'simply' apply the law & regulations via guidance notes, rulebooks & other criteria - all done 'by the letter'.

If you explain in full what has happened & why (& supply adequate proof of your sponsor acquiring PR at the earlier date), hopefully all will end well.

[gumfree7]

Hi thank you so much for replying and giving a very insightful answer. I will write a letter print it off and submit it for reconsideration with the form NR. I just can't believe they are that lazy as not to check all of the documentation, part of me believes they did it to get more money.

The NCS official condemned your application to fail by filling in that PR date & not realising she had made youu look as if you had failed the 12-month rule.

You may have some sort of negligence case against NCS but not sure what redress you have there;
you would likely only get your NCS fee returned (if anything).

I don't believe HO are evil or malicious; they are just a bureaucratic & rule-bound organisation (after all it's a government department).

Caseworkers (probably overworked & underpaid) 'simply' apply the law & regulations via guidance notes, rulebooks & other criteria - all done 'by the letter'.

If you explain in full what has happened & why (& supply adequate proof of your sponsor acquiring PR at the earlier date), hopefully all will end well.

I called Home Office on Friday, they told me that department who look at the Citizenship Applications have been doing a lot of this lately, apparently a lot of people have been refused citizenship due to Permanent Residence cards not having 12-months after issue date, so they don't even bother to look over all of the documents and send out a standard refusal letter. I was advised to submit form NR asap and explain why I think they made a mistake and also include any documents I feel would support my case. I can't actually believe what I heard. How can you not look at documents provided to you? Especially when you are paying a fair amount of money, this is quite negligent on their part. I hope all is well and someone competent looks over the documentation provided with form NR because this is quite absurd, its like they don't want people to become citizens.

Thanks for the help! Hope is all well.

[noajthan]

I can't actually believe what I heard. How can you not look at documents provided to you? Especially when you are paying a fair amount of money, this is quite negligent on their part. I hope all is well and someone competent looks over the documentation provided with form NR because this is quite absurd, its like they don't want people to become citizens.

Thanks for the help! Hope is all well.

You can review recent statements and pronouncements from HMG to form your own opinion on the 'official' attitude to aspiring citizens.
As to the paperwork, yes it's negligent - and same on part of NCS who appear to have set you on this track instead of guarding you against it.

Suggest submit 'chapter & verse' of all relevant supporting docs to show the real timeline of acquisition of PR by your sponsor.
Cover letter will help too.

Best of luck.

[hope-2]

I send my application in April this year and just got my approval last month. I'm an EU national (not married to a BC) and had my PR only for 4 months when I applied and still got my approval.

You should definitely appeal as soon as possible and not give up!

[gumfree7]

I can't actually believe what I heard. How can you not look at documents provided to you? Especially when you are paying a fair amount of money, this is quite negligent on their part. I hope all is well and someone competent looks over the documentation provided with form NR because this is quite absurd, its like they don't want people to become citizens.

Thanks for the help! Hope is all well.

You can review recent statements and pronouncements from HMG to form your own opinion on the 'official' attitude to aspiring citizens.
As to the paperwork, yes it's negligent - and same on part of NCS who appear to have set you on this track instead of guarding you against it.

Suggest submit 'chapter & verse' of all relevant supporting docs to show the real timeline of acquisition of PR by your sponsor.
Cover letter will help too.

I do hope everything turns out okay. I sent my sponsors p60s, council tax letters, passport, and child tax credit letters, including my passport, letters from my school for the last 8 years and a p60 I had from my new job also my IELTS and Life in the UK but this time didn't include my and my sponsors PR cards. I hope that will be enough to prove my right to permanent residence and citizenship. It is quite weird. Especially since I haven't left the country once and have been in full time education for the amount required for me to gain PR status automatically, and have never had any criminal convictions.

The letter states "Although you have been exercising treaty rights for continuous period of 5 years you have not had permanent residence for 12 months prior to the date the application was received in the Home Office and you do not meet the requirements set out on our website." Which doesn't really make sense since I have been here for 8 years and provided original documentation. At the end of the letter it states "Whilst the Secretary of State has discretion to waive this requirement she is not prepared to do so in this particular case and therefore your application has therefore been refused. You should note that a fresh application can be made at any time but an application received before you have had permanent residence for 12 months is unlikely to be successful." It kinda looks like they were looking for an excuse to refuse the application so I'd spend another £1k+ on a new application, especially knowing the fact I've been a student for most of my life without any criminal convictions or anything.

I still can't believe that they don't go through everything, I mean, why wouldn't they - it's their job to go through all the documents. They did give back my Life in the UK test, all crumpled up and with a hole through it with the Form NR already attached like they're telling me to fork up another £80 and wait for however long it is for another decision.

I send my application in April this year and just got my approval last month. I'm an EU national (not married to a BC) and had my PR only for 4 months when I applied and still got my approval.

You should definitely appeal as soon as possible and not give up!

Thanks, I find it quite strange that I was refused citizenship - when looking back at older threads people usually get approved even if their PR card is less than 12-months.

Did you fill in the "date acquired PR" as stated on your card or the date you automatically acquired it?

[hope-2]

No, I did not fill in the date acquired (Dec 2014) which is when I received my PR, anywhere on the application form. I just put a tick next to '• A document certifying permanent residence or a permanent residence card issued by UKVI' in the supporting documents section at the end of the application indicating that I included my PR.

[gumfree7]

No, I did not fill in the date acquired (Dec 2014) which is when I received my PR, anywhere on the application form. I just put a tick next to '• A document certifying permanent residence or a permanent residence card issued by UKVI' in the supporting documents section at the end of the application indicating that I included my PR.

Hmm... I guess you got lucky then.

Did you have PR prior to your PR Confirmation card or is your PR card the actual date you got your PR status?

It seems weird, they'd give someone Citizenship who don't fall in the 12 month criteria.

[foufou]

No, I did not fill in the date acquired (Dec 2014) which is when I received my PR, anywhere on the application form. I just put a tick next to '• A document certifying permanent residence or a permanent residence card issued by UKVI' in the supporting documents section at the end of the application indicating that I included my PR.

Hmm... I guess you got lucky then.

Did you have PR prior to your PR Confirmation card or is your PR card the actual date you got your PR status?

It seems weird, they'd give someone Citizenship who don't fall in the 12 month criteria.

I think u made a mistake by applying for PR , why not just wait 2 months and apply again . the rules is clear you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period. unless u married to a british citizen , good luck

[gumfree7]

No, I did not fill in the date acquired (Dec 2014) which is when I received my PR, anywhere on the application form. I just put a tick next to '• A document certifying permanent residence or a permanent residence card issued by UKVI' in the supporting documents section at the end of the application indicating that I included my PR.

Hmm... I guess you got lucky then.

Did you have PR prior to your PR Confirmation card or is your PR card the actual date you got your PR status?

It seems weird, they'd give someone Citizenship who don't fall in the 12 month criteria.

I think u made a mistake by applying for PR , why not just wait 2 months and apply again . the rules is clear you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period. unless u married to a british citizen , good luck

It's seems that I did make the mistake of applying for a PR Card - I don't want to go through the grueling processes again of paying £1009 again, when I know I was eligible to apply for Citizenship since 2013 after 12 month period as a permanent resident which I gained automatically.

[noajthan]

I think u made a mistake by applying for PR , why not just wait 2 months and apply again . the rules is clear you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period. unless u married to a british citizen , good luck

It's seems that I did make the mistake of applying for a PR Card - I don't want to go through the grueling processes again of paying £1009 again, when I know I was eligible to apply for Citizenship since 2013 after 12 month period as a permanent resident which I gained automatically.

This appears to be the root of the problem:

... in the NCS the lady filled in the "Date Permanent Residence Issued" as it was on my Permanent Residence card. I believe the Home Office to have only taken a look at my card and did not look at the documents I supplied

The NCS apparently misunderstood the scope of your application & followed an inappropriate procedure.
HO appear to have considered the "Date Permanent Residence Issued" information & nothing else in the bundle.
Especially if your bundle contained comprehensive supporting evidence from the appropriate time period (which I think you said was the case).

Have you applied for reconsideration on that basis?

[hope-2]

Hmm... I guess you got lucky then.

Did you have PR prior to your PR Confirmation card or is your PR card the actual date you got your PR status?

It seems weird, they'd give someone Citizenship who don't fall in the 12 month criteria.

I had PR status before I got the card. I have lived here for 10 years now and I was always exercising my treaty rights (studying/working).

I have also seen some EU nationals apply without the PR card and still got approvals (maybe because they are married to BC perhaps).

I also done the application myself (No NCS used), so I send all my original documents dated to 6 years back.

I did have some people tell me to wait until I had the PR card for 12 months before applying but I just send off the application as soon as I finished filling in the the form which was probably a risky move but it did pay off.

Hopefully HO will realise they made a mistake with your app and you will get your approval after the reconsideration.

Try contacting an MP, they might be able to assist you further.

[Torex]

You made a mistake by putting in the "Date Permanent Residence Issued". (NCS should not have allowed this)

It is your job to prove your eligibility for British Citizenship.
HO decision is correct, they simply checked that date and the result was obvious - 12 months have not passed yet.
You should not have used your PR Card at all, just the documents to prove your last 6 years history. In this case they would have no choice but approve it.

I'm afraid reconsideration will not help as you had based your application on PR card.

[gumfree7]

You made a mistake by putting in the "Date Permanent Residence Issued". (NCS should not have allowed this)

It is your job to prove your eligibility for British Citizenship.
HO decision is correct, they simply checked that date and the result was obvious - 12 months have not passed yet.
You should not have used your PR Card at all, just the documents to prove your last 6 years history. In this case they would have no choice but approve it.

I'm afraid reconsideration will not help as you had based your application on PR card.

I did tell the lady at NCS that I was hesitant as to whether to put my automatically acquired PR date or the one on the card, she told me "don't worry, I know what I'm doing" and put the date on my PR card, I mean after all it's her job right, so why wouldn't I trust them, the only reason you go is so that they check over your application so everything is filled in correctly - big mistake. I'm thinking of going to a Solicitor and issuing a lawsuit. This isn't acceptable. She even made a tick "have you been out of the country for more than 475 days out of the UK" and I was like wtf - you made a mistake so she corrected it and said sorry.

She told me the things you put in the application like the PR status don't really matter anyway - and that the HO would just ignore it.

[noajthan]

I did tell the lady at NCS that I was hesitant as to whether to put my automatically acquired PR date or the one on the card, she told me "don't worry, I know what I'm doing" and put the date on my PR card, I mean after all it's her job right, so why wouldn't I trust them, the only reason you go is so that they check over your application so everything is filled in correctly - big mistake. I'm thinking of going to a Solicitor and issuing a lawsuit. This isn't acceptable. She even made a tick "have you been out of the country for more than 475 days out of the UK" and I was like wtf - you made a mistake so she corrected it and said sorry.

She told me the things you put in the application like the PR status don't really matter anyway - and that the HO would just ignore it.

This is your grounds for reconsideration - that NCS followed an inappropriate procedure (& misled you as to the significance of it).

[Torex]

When I went for my NCS appointment, for every single question I had they called HO to confirm.
The lady at NCS said she doesn't deal with EEA applications too often.

I don't think you have high chances of winning the case against NCS. They don't take responsibility for any application they provide help.

I would try reconsideration. It is only £80 anyway.
However, HO may not accept the fact that NCS made a mistake as enough to approve your application, as it is your responsibility to fill the application in a right way.

[gumfree7]

I did tell the lady at NCS that I was hesitant as to whether to put my automatically acquired PR date or the one on the card, she told me "don't worry, I know what I'm doing" and put the date on my PR card, I mean after all it's her job right, so why wouldn't I trust them, the only reason you go is so that they check over your application so everything is filled in correctly - big mistake. I'm thinking of going to a Solicitor and issuing a lawsuit. This isn't acceptable. She even made a tick "have you been out of the country for more than 475 days out of the UK" and I was like wtf - you made a mistake so she corrected it and said sorry.

She told me the things you put in the application like the PR status don't really matter anyway - and that the HO would just ignore it.

This is your grounds for reconsideration - that NCS followed an inappropriate procedure (& misled you as to the significance of it).

Yes, that's what I put in the Form NR stating all of the dates and when I became a permanent resident automatically and when I was eligible to apply for Citizenship. And provided both mine and my sponsors paperwork. Hopefully it will be enough, they still haven't taken money off of my card, I don't seem to find any NR Form Timelines - how long does the process usually take, do you know?

When I went for my NCS appointment, for every single question I had they called HO to confirm.
The lady at NCS said she doesn't deal with EEA applications too often.

I don't think you have high chances of winning the case against NCS. They don't take responsibility for any application they provide help.

I would try reconsideration. It is only £80 anyway.
However, HO may not accept the fact that NCS made a mistake as enough to approve your application, as it is your responsibility to fill the application in a right way.

I contacted the NCS I used and said I will be going to a Solicitor and going to Court if needed be if they at least don't assist me as it was their mistake. They have screwed up my application, when I should be expecting the big day of a Citizenship ceremony, instead I'm left bitter and not even angry anymore, just sad that they claim to be able to check over your application and say whether it will be granted approval or refusal. In this case, they said it would definitely get approved, but the latter happened.

Also, NCS are there to make sure your application is correct, and if there are any mistakes or if they are unsure of something, it is their responsibility to check with HO - the whole service was created as to ease HO workload and help applicants to not waste money!! If they are claiming to be the "service" to help applicants, it is their duty to take responsibility for their own actions - that's why I went there in the first place.

I left the field blank, and told her I was unsure as to whether put my PR card date, my automatically acquired PR date or leave it blank - and so she said that it is required you put the date on your PR card, and put the PR Card date in!