PR application refused but have since become EU national

[NE14U]

Hello! i had applied for PR card at 25th november 2015 as an EEA family member and I received the result of my permanent residence card application a week ago ( 27th of february 2016) and its been refused due to lack of p60 form of my eea national's previous job which she worked from 2010 till 2013.I have not put the p60 form in the envelop.I did not see a section in the application form whether there is such a requirement. According to home office i have right to appeal and reapply and leave the country. By the way I have become an italian citizen on 13th january 2016 whilst my PR card application was on going.Home office does not know that i hold EU citizenship yet. I will get my italian passport in April.
what step should i take from this moment?
Any information will be appreciated.

[noajthan]

To avoid confusion & jumbled responses with the 3 year old thread you tagged onto, I have moved your question to its own thread (this one).

[noajthan]

Hello! i had applied for PR card at 25th november 2015 as an EEA family member and I received the result of my permanent residence card application a week ago ( 27th of february 2016) and its been refused due to lack of p60 form of my eea national's previous job which she worked from 2010 till 2013.I have not put the p60 form in the envelop.I did not see a section in the application form whether there is such a requirement. According to home office i have right to appeal and reapply and leave the country. By the way I have become an italian citizen on 13th january 2016 whilst my PR card application was on going.Home office does not know that i hold EU citizenship yet. I will get my italian passport in April.
what step should i take from this moment?
Any information will be appreciated.

You have to provide adequate documentary evidence of your sponsor exercising treaty rights.
The PR guidance booklet is clear, if sponsor is a worker you can/should submit evidence such as P60s (annual tax documents) &/or payslips, etc.

Anyway, now you are Italian what does it matter.
If, as you say, you are Italian you must have some sort of documentation to prove your new status; (a naturalisation certificate or ??).
So even with no Italian passport why would you feel you have to leave and go anywhere? (unless you now wish to leave).

btw - if you became Italian in January you should have written to HO to advise them of your change in nationality (in January), as per the conditions of the PR application.

Do you have any ambitions for privilege of British citizenship?

[NE14U]

Thnaks for replying! I have no clue if it's a good idea whether I
send a letter to HO and explaining the change of my status.i have a degree that given to me by Italian consulate after oath ceremony. So what exactly would you suggest me to do? Do you know what sort of documents I should attach? I am almost running out of time cause appeal must be done within 14 calendar date. It's been 8 days already and not even citizen adviser bureau could sort it out. Thanks a lot once again.

[Richard W]

Anyway, now you are Italian what does it matter.

I can think of three rights that PR convey, that might make it attractive to a young EU citizen, though the OP may deny that they have any appeal. Firstly, it grants the free-standing right to be economically inactive and depend on the NHS. (Perhaps they've won the lottery.) Secondly, it gives him the right to bring in a new wife from outside the EEA if he has enough money. Thirdly, any children born to him in the UK will be British, though his wife's PR should also cover that.

Do you have any ambitions for privilege of British citizenship?

I presume Mrs NE14U is currently in work. Does not this protect NE14U from removal from the UK? Being Italian won't protect you in theory, unless you are exercising your treaty rights. (I haven't deeply studied the EEA regulations or relevant law, so I may be wrong.)

[LilyLalilu]

Does not this protect NE14U from removal from the UK? Being Italian won't protect you in theory, unless you are exercising your treaty rights.

EU law does provide some protection against deportation. According to the regulations EU/EEA nationals can only be deported on grounds of public health, public policy and public security.

[noajthan]

Thnaks for replying! I have no clue if it's a good idea whether I send a letter to HO and explaining the change of my status.i have a degree that given to me by Italian consulate after oath ceremony. So what exactly would you suggest me to do? Do you know what sort of documents I should attach? I am almost running out of time cause appeal must be done within 14 calendar date. It's been 8 days already and not even citizen adviser bureau could sort it out. Thanks a lot once again.

Ciao bello!

It's a bizarre case.

As pointed out above you will enjoy certain privileges if you can confirm acquisition of PR.

At least being Italian stops you being deported or 'invited to leave'. (Not quite sure how you did that but well done).
But you'd still have to rely on your sponsor or start exercising treaty rights in your own right.
No need to worry about all that if you can confirm you have PR now.

Suggest write to HO politely explaining you are now Italian.
Enclose a copy of your naturalisation certificate ('degree' I think you called it).

If you do have more substantial evidence of your sponsor being a qualified person (by exercising treaty rights), eg tax documents, payslips, job contract for a worker for the period in question, then send it all off and see if you can claw back your PR.

[NE14U]

Yeah it's really odd case. My spouse has been working since she entered the Uk and I ve been too. But it seems to me that HO has not been satisfied with the last 3 payslips of my spouse's current job. I have had applied for Italian citizenship 3 years ago and now it's done. It does not matter where you live to be able to get Italian citizenship as long as you request for it. You have right once your spouse is Italian. I don't know the regulations of other eu countries.
Does anybody know the exact department of HO where I send the related documents? At least To fix or clarify the situation.
Thanks everyone for the genuine informations.Much appreciated

[Richard W]

Does not this protect NE14U from removal from the UK? Being Italian won't protect you in theory, unless you are exercising your treaty rights.

EU law does provide some protection against deportation. According to the regulations EU/EEA nationals can only be deported on grounds of public health, public policy and public security.

Regulation 19(3)(a) states

(3) Subject to paragraphs (4) and (5), an EEA national who has entered the United
Kingdom or the family member of such a national who has entered the United Kingdom
may be removed if–
(a) that person does not have or ceases to have a right to reside under these
Regulations;

I can't find any requirement for NE14U to have an Italian passport; moreover, the tenor of the directive is that it suffices to prove who he is and that he is a non-British EU citizen. However, their right (assuming their marriage is accepted) to be in the UK currently depends on at least one of them being in genuine employment - unless they've recently crossed an international border.

Usually, merely removing an Italian to Italy would be pointless because they could come straight back - except as an administrative punishment. However, without an Italian passport, NE14U's return would be a bit more awkward - he might have to find the British border in France or Belgium.

[NE14U]

Hi everyone! As I am advised I am appealing against the decision. Regulation 15(1)(b) and regulations 2006 I just wanna know if this appeal is free or not?
Does anybody know about that? Thanks