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You have my sympathy but this is nothing to do with WRS.luk4sz wrote:Hello Aneta123
Sorry to hear about your problems with British Naturalization.
Unfortunately my application has also been refused, although I am Polish National as you and have been registered with WRS since September 2010. I submitted my application in October 2015 last year.
Since my registration with WRS I, have been working in the same job and from what I understand I fulfilled all requirements for continuous residency period of 5 years.
However, from what I understand from the Home Office's letter you need fulfill above requirements to obtain permanent residence and then be in uk for 12 months. So in total you need to wait 6 years after WRS.
If someone could kindly have a look at my refusal comment and confirm it please:
(just to remind: registration with WRS September 2010, never changed the job since, BR naturalization application submitted in Oct 2015)
So I believe that required time in UK before you can apply for citizenship is 5 years on WRS + 12 months afterwards on permanent residency."Since 30 April 2006, European Economic Area or Swiss nationals (or their family members) who have have been exercising free movement rights in the United Kingdom for continuous period of five years will be automatically entitled to permanent residence in the UK.
All those applying for naturalization as a British citizen are required to be free of immigration time restrictions on the date of application. EEA and Swiss nationals will be able to meet this requirement once they have obtained permanent residence. In addition, EEA and Swiss nationals who are not app.lying on the grounds of marriage/civil partnership to a British citizen should also have had permanent residence in the UK for 12 months before applying for citizenship.
Although you have been exercising treaty rights in the United Kingdom for a 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 requirement set out on our website. Whilst the Secretary of State has discretion to waive this retirement she is not prepared to do so in this particular case. Your application has therefore been refused.
You should note that a fresh application can be made at any time but an application revived before you have had permanent residence in the United Kingdom for 12 months is unlikely to be successful."
So if you think about re-applying you need to meet these requirements, not like I thought 5 years after WRS.
Does anyone know if I have grounds to apply for reconsideration of Home Office decision? In my application I mentioned that my grandfather was fighting in The Battle of Britain as a pilot and unfortunately lost his life for British Freedom. Would that make any difference? On the other hand if I could appeal from this decision and Home Office review will take place after September 2016 I would be meeting their requirements.
Can anyone advise please?
Regards
Lukasz
noajthan wrote:Lukasz,
What were you doing before 2010?
Were you in UK?
If so, on what basis?
If your PR start date can be pushed back earlier in time you may have something to work on.
Apart from a campaign involving your MP (&/or the media) that seems to be your only chance.
It would not hurt to ask them to put your application on hold until October;
however I doubt that would succeed as it would set a precedent for every other EEA application too. And HO don't like creating precedents.
That's great. if you are careful you may have a chance.luk4sz wrote:noajthan wrote:Lukasz,
What were you doing before 2010?
Were you in UK?
If so, on what basis?
If your PR start date can be pushed back earlier in time you may have something to work on.
Apart from a campaign involving your MP (&/or the media) that seems to be your only chance.
It would not hurt to ask them to put your application on hold until October;
however I doubt that would succeed as it would set a precedent for every other EEA application too. And HO don't like creating precedents.
Thank you for all your prompt replies. I was living in UK before 2010, was working as a self-employed contractor as well as I was studying. When I was reading requirements for WRS before 2010 I was under impression that I do not need to register as I was self employed.
However in 2010 I thought it might be worth to register just in case as I was in doubts about my interpretation of WRS criteria.
In my application I stated that I came to UK in may 2005 and provided WRS document & history of my last 5 years PR.
Please advise if these circumstances can be taken in my case?
Thank you.
If I was working on the project and was working as a contractor through Umbrella Company, would that fall into a self employment terms & conditions?noajthan wrote:
Note WRS does not apply to the self-employed.
If you reapply from now you onwards then yes you will need a PR card (it's a 'confirmation of PR' card really) as the rules changed around beginning of year.luk4sz wrote:One more question regarding my application. In case of I need to apply again after required time 5 years + 12 months. Has the permanent residence been automatically granted in my case, after I have been living in UK for 5 years? Or do I still need to apply for it before I decide to reapply for British Citizenship?
Someone mentioned in one of the other topics that from 2016 you would need PR before you can apply.
If I need to apply for it would my 12 months start from October 2015, or from the date it will be granted by HO.
Kind regards
Lukasz
Were you operating as self-employed?luk4sz wrote:If I was working on the project and was working as a contractor through Umbrella Company, would that fall into a self employment terms & conditions?noajthan wrote:
Note WRS does not apply to the self-employed.
See also: http://www.rightsnet.org.uk/forums/viewthread/3411A8 nationals who are self employed are not required to register with the WRS, see CCM20350
Permanent residence is automatic, it cannot be applied for. Having a permanent residence card or a document certifying permanent residence does not confer PR, it merely confirms it, and you are not required to possess one (although since 12th November 2015 it is a requirement when applying for British citizenship).luk4sz wrote:Has the permanent residence been automatically granted in my case, after I have been living in UK for 5 years? Or do I still need to apply for it before I decide to reapply for British Citizenship?