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When does 12 waiting period start?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Kaba
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Posts: 113
Joined: Thu Mar 19, 2015 2:49 pm

When does 12 waiting period start?

Post by Kaba » Sat Feb 27, 2016 8:23 pm

Hi guys,

Sorry again for bombarding you with so many questions, but this forum has been extremely helpful and I can't stop finding useful things in here :).

In the following post (http://www.immigrationboards.com/britis ... 03512.html) I did read the following: The 12 months still runs from date someone acquired PR - not the date the PR card was issued; (which could be some time, even years, later).

So...by following the above statement, this could save me 6 months from waiting before applying for naturalisation.

Based on my personal experience by reading this forum, I know that the person who said the above sentence, is extremely reliable and everything he did suggested to me personally, was absolutely right. Does anybody know where I can find that formally written somewhere on a governments document? The only reason is that I would like to be 100% before applying 6 months earlier before my PR was issued for naturalisation. It's basically the £1000 I am afraid of losing :).

Thanks again for all you help and guidance.

noajthan
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Location: UK

Re: When does 12 waiting period start?

Post by noajthan » Sat Feb 27, 2016 8:38 pm

The HO has made a bit of a pigs ear of rolling out this change. Documentation & guidance (& cascading training down to NCS) may not be fully in place yet.

A classic case of left-hand versus right-hand that government bureaucracies excel in.

This is what we do now know:
http://www.immigrationboards.com/britis ... y#p1289482
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Kaba
Member
Posts: 113
Joined: Thu Mar 19, 2015 2:49 pm

Re: When does 12 waiting period start?

Post by Kaba » Sat Feb 27, 2016 8:55 pm

Hi there,

To be honest I was not aware of this post you did mention. Thanks for pointing that out :).

Basically, after reading that post I understand that I should do a subject access request to UKVI to be 100% about when I acquired PR. Do you agree?

Thanks

noajthan
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Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: When does 12 waiting period start?

Post by noajthan » Sat Feb 27, 2016 9:29 pm

Kaba wrote:Hi there,

To be honest I was not aware of this post you did mention. Thanks for pointing that out :).

Basically, after reading that post I understand that I should do a subject access request to UKVI to be 100% about when I acquired PR. Do you agree?

Thanks
Members are now reporting receiving the blessing of citizenship as per the guidance in that post.

But, if you want the reassurance of seeing what a caseworker will be crosschecking with, by all means request a SAR.
No harm in a £10 punt.

It should at least confirm or align with when you think you acquired PR.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Kaba
Member
Posts: 113
Joined: Thu Mar 19, 2015 2:49 pm

Re: When does 12 waiting period start?

Post by Kaba » Sat Feb 27, 2016 9:51 pm

Thanks again noajthan!

The sad thing is it, that I cannot even by doing what we discusses, I cannot apply for citizenship before the referendum :/.

Anyway. Thanks again for the guidance!

secret.simon
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Re: When does 12 waiting period start?

Post by secret.simon » Sun Feb 28, 2016 2:03 am

Also see Page 22 of the internal guidance linked to below.

https://www.gov.uk/government/uploads/s ... _0_EXT.pdf
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ohara
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United Kingdom

Re: When does 12 waiting period start?

Post by ohara » Sun Feb 28, 2016 9:38 am

If you use NCS to submit your application, they should gather all info on you including the date of your PR before the appointment. Even if they don't, they can get it over the phone during the appointment.

As said HO have made a huge pigs ear of this. I don't even know what to put on the form where it says Please say when you were given indefinite leave to enter/remain in the UK. So far, HO have been unwilling to tell me. As far as I know, I got ILR on the day my home country joined the European Union as I could essentially enter and exit the UK unrestricted on my EU passport from that date.

noajthan
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Re: When does 12 waiting period start?

Post by noajthan » Sun Feb 28, 2016 10:55 am

ohara wrote:As said HO have made a huge pigs ear of this. I don't even know what to put on the form where it says Please say when you were given indefinite leave to enter/remain in the UK. So far, HO have been unwilling to tell me. As far as I know, I got ILR on the day my home country joined the European Union as I could essentially enter and exit the UK unrestricted on my EU passport from that date.
Don't get mixed up with ILR.
ILR is settled status for non-EEA nationals.
You would know when you have it - you would have the physical, emotional & financial scars of the journey to get that BRP.

Remember it's a generic and Heath Robinson-style application form (poorly-designed, not thought through; cobbled together as it has evolved over time).

The question on ILR doesn't really apply to EEA nationals & their dependents.
My take on it is to leave that question blank (or put N/A) if its an EEA-related application.

Back to the question, the linked page that ohara put together and the link from secret.simon should inform/reassure the original poster (OP);
- those resources will help keep you on the straight and narrrow.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Kaba
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Re: When does 12 waiting period start?

Post by Kaba » Sun Feb 28, 2016 9:01 pm

Hi guys,

I am reassured now :)

I will try to do the application via the NCS and I am curious to see if they will indeed corm the date I acquired PR.

Thanks a lot guys again :)

ohara
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Re: When does 12 waiting period start?

Post by ohara » Mon Feb 29, 2016 11:23 am

noajthan wrote:Don't get mixed up with ILR.
ILR is settled status for non-EEA nationals.
You would know when you have it - you would have the physical, emotional & financial scars of the journey to get that BRP.
I agree - but the form doesn't say to skip that question if you are an EEA national, it simply refers you to some guidance about PR in the AN guide/booklet. Presumably, HO is assuming a lot of new naturalisation applicants soon are going to be obtaining the DCPR the minute they are eligible for it, and will simply enter the date of the document issue in that box.

Nevertheless I have left it blank in mine, and will explain to NCS that I don't know my PR date so I can't fill it in. They'll probably have it written down before I get there though!

Reading this forum over the last couple of months has really opened my eyes to how much of a benefit it is to be an EEA citizen, especially in terms of migration. I feel very lucky as a result and it annoys me immensely that you non-EEA guys face a monumentally more difficult (and expensive) journey to become British :(

Kaba
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Re: When does 12 waiting period start?

Post by Kaba » Tue Mar 01, 2016 9:40 pm

Hi guys,

Just to let you know, I just sent an access to see when I have indeed received my permanent residence. Let's see if the date I acquired permanent residence is indeed the one I do have in mind or if the put the date of issue of PR certificate.

I am curious to find out and will keep you posted :).

Thanks

Kaba
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Posts: 113
Joined: Thu Mar 19, 2015 2:49 pm

Re: When does 12 waiting period start?

Post by Kaba » Mon Mar 28, 2016 1:42 pm

Hi guys,

I did ask for an subject access request and yesterday I got my response back from the Home Office. To be honest the response was not what I expected.

Just to explain the situation, I am going to write down actual dates. When I applied for my permanent residence certificate, I did apply for the period between September 2010 until September 2015. I did receive my PR card on January 2016, which was obviously issued/printed on January 2016.

So when I asked the Home Office to send me the exact date I did acquire permanent residence status in the UK and NOT when the certificate was issued guess what they did send to me? January 2016, which is clearly the date the PR card was issued and not the exact date I acquired my PR status.

So what do you guys recon? Should I send another letter to the Home Office explaining in more detail what I was asking for? Should I apply for a passport in September 2016 by just going to council and hoping that when they call the Home Office they will confirm that I can apply in September? Or should I wait until January 2017?

Thanks for your continuous help and advice.

LilyLalilu
Senior Member
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Re: When does 12 waiting period start?

Post by LilyLalilu » Mon Mar 28, 2016 8:16 pm

Slightly concerning; either they did indeed misunderstand your request or your PR date was recorded incorrectly on the CID.
If applying via the NCS, they'd confirm the PR date the HO have on file for you. So maybe try in September and if they indeed recorded Jan 2016 all you'd lose would be your NCS fee.
Not sure if there is any way to have the date corrected if it was indeed recorded incorrectly..
Last edited by LilyLalilu on Mon Mar 28, 2016 8:28 pm, edited 2 times in total.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

Kaba
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Posts: 113
Joined: Thu Mar 19, 2015 2:49 pm

Re: When does 12 waiting period start?

Post by Kaba » Mon Mar 28, 2016 8:26 pm

Could I somehow crosscheck that date over the phone you think? Because I did read that if somebody goes to the local council to do the application, the council employee is calling the home office to establish the date.

LilyLalilu
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Re: When does 12 waiting period start?

Post by LilyLalilu » Mon Mar 28, 2016 8:28 pm

Haha great minds think alike, just added this piece of information to my post above :lol:
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

Kaba
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Posts: 113
Joined: Thu Mar 19, 2015 2:49 pm

Re: When does 12 waiting period start?

Post by Kaba » Mon Mar 28, 2016 8:54 pm

hahaha I just did read your full previous post. Sorry about that :) I guess you are right. But after getting back my access request, it clearly says that if I am not satisfied with what they sent to me, I can write to the Home Office located in croydon. Do you think it is worth a shot or is it going to cause problems?

LilyLalilu
Senior Member
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Re: When does 12 waiting period start?

Post by LilyLalilu » Mon Mar 28, 2016 9:03 pm

Tbh, worth giving it a shot. Maybe ask them to check the date again and if it still comes up as Jan 2016 ask them to contact the EEA team to investigate. Not sure whether they'll do that but there's certainly no harm in asking/trying.
Not sure if there's a more direct way to contact the EEA caseworking team with a complaint regarding an incorrectly recorded PR date - maybe Seniors would know?!
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

ohara
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Re: When does 12 waiting period start?

Post by ohara » Fri Apr 01, 2016 12:56 pm

This is from my SAR, it clearly shows the date of my PR:

Kaba
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Re: When does 12 waiting period start?

Post by Kaba » Fri Apr 08, 2016 6:18 pm

Thanks Ohara,

To be honest I will just do what I said previously. I will go to the ncs and hope that they will agree with me.

Thanks again Ohara for making the effort to upload your document.

Regards

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