EEA family member RoR - Naturalisation refused

[rs315]

Hi everyone I am new to this forum and need some advice. I applied for BN in May 2015 using NCS service. I applied as an eea family member retaining rights after a divorce in 2014.

I did not apply for PR as the law states that this is not compulsory as PR is automatic after 6 yrs continous residency which the NCS advisor clarified with the Home Office.

I received a letter in last week stating that they need additional info as I am a student and need to provide my comprehensive sickness insurance as well as my ex husbands proof of exercising treaty rights and evidence that I was indeed working. As well as student letters. I provided all of the above and was in the process of mailing all the original documents once more.

I received a letter today stating that my application has been refused on the basis of me not having PR and my ex was not exercising treaty rights. The letter also stated that I am not legally obliged to apply for PR and I can apply once more for BC once I've completed PR. I wasn't even given a right of appeal.

So I've been given 2 letters detailing 2 different things from 2 different case workers. I wasnt even given a right of appeal. I am planning on contacting my MP because this doesn't make any sense. The funny thing is they have the audacity to ask you to express what you think of the service.

What are my options at this point because clearly this has been incompetent service and I can't see what their decision is being g based on.


Any advice will be welcomed. Thank you

[noajthan]

Hi everyone I am new to this forum and need some advice. I applied for BN in May 2015 using NCS service. I applied as an eea family member retaining rights after a divorce in 2014.

...

So I've been given 2 letters detailing 2 different things from 2 different case workers. I wasnt even given a right of appeal. I am planning on contacting my MP because this doesn't make any sense. The funny thing is they have the audacity to ask you to express what you think of the service.

What are my options at this point because clearly this has been incompetent service and I can't see what their decision is being g based on.

Any advice will be welcomed. Thank you

Note PR is not simply acquired by "6 years of continuous residency" in UK;
to acquire PR a qualified person has to be exercising treaty rights continuously for 5 years. Then (if not married to a BC) hold PR for a further 12 months.

What time period did the first letter grant you to provide the additional information?
Did you get a chance to assemble & actually despatch this bundle of evidence (within the time window)?
- apart from student letters did you also include evidence of having CSI?

Unfortunately there is no right of appeal for naturalisation.
However there is a reconsideration process if you believe the HO decision was not soundly based on law, policy or procedure.

Ref: https://www.gov.uk/government/publicati ... ed-form-nr

Good luck.

[rs315]

Thank you for responding.

I definitely have acquired PR I have exercised treaty rights continually. Working from 2007-2013 continuously. I started my degree programme in 2013 to present.

The letter that the home office sent out had to be signed for. A red card was left for me to collect and sign from my local sorting office. The sorting office opening hours conflicted with my availability as I had university lectures and placement. I missed the date of submitting the requested original documents but wrote to the case worker requesting additional time and advising that they could check that the letter was only signed for using the tracking number.

I was expecting to hear either a yes or no in relation to giving me an extention to provide documents as I asked for the extention only last week.

I did provide proof of having PR but the case worker originally requested original documents including

Proof of my payslips
P45
P60
Letter from university re enrolment and attendance
CSI
Proof of cohabitation over the course of the marriage eg council tax bills bank statement.
Ex husband's proof of exercising treaty right continously over 5 years.

I have got it all was just waiting on my university to provide letter of attendance and then this a refusal.

It doesn't spell sense and isn't consistent. I could understand if the first caseworker came back with a no we not gonna wait on your documents and we're going to close your case.

But a refusal based on not having PR which I have and my ex husband not exercising treaty rights when I provided the evidence just does not make any sense.

Thank you for your help. I will submit the form you suggested and will also enlist the help of my MP.

At the end of the day I'm a paying customer and if I went in a shop on the high street and was treated like this I wouldn't be happy. The fact that I paid 1000 pounds to get my case assesses the least I expect is if refused it should be on solid and consistent reasons based on me not being eligible.

[Obie]

It is open to you to send a pre action protocol to them.

[rs315]

Thank you Obie

I'm not clear what that is. Could you explain further please

[Obie]

A pre-action protocol is an action before claim.

Notice before Judicial review claim is lodged.