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You are correct here. If HO have cocked up and refused your application because the caseworker does not understand that the document issue date is NOT the PR date, someone seriously needs to be kicked.GabiB wrote:On the guidelines is very clear that as a EEA national, I am granted permanent residence status automatically after exercising EEA free movement rights for a period of 5 years and I need to be permanent resident for at least 12 months before applying for naturalisation. Therefore, 5 years of continuous legal employment (free movement rights) date was on 10/12/2014 and according to the guidelines I was eligible to apply for naturalisation on 10/12/2015. The date on the document certifying permanent residence is 02/2016 but from my understanding that is not the date I have been granted the permanent residence status, that is the date the document has been issued.
The difficulty is likely to be at least partly due to poorly-paid and over-worked admin clerks struggling with an ill-thought out and poorly introduced rule change.GabiB wrote:I did not apply via council as I was not aware you can do that so I have applied directly.
As I received the refusal letter only yesterday, I will contact them tomorrow morning. However, why would they change my PR date, I clearly gave them the letter of approval from Home Office dated 11/2009 base on which I have applied for Accession Worker Card, letter from HO confirming the issue date of the Accession Card, sent the Blue Registration Certificate and the letter attached to it, gave them proof of address since 12/2009, P60 for each year and letter from my employer with dates of employment.
How could I possibly know that they can change the PR date as they please?
Thank you
I'm sure you must be wondering by now what has happened to the famous British sense of fair play. This most unfortunate event seems patently unfair.GabiB wrote:Thank you very much for your advice.
I will apply for reconsideration and I will send al the evidence all over again. Also, I will make a complaint about this situation once I will know what happened. They should take responsibility for the mistakes they are making, especially on our expense.
I suspect the PR card design is mandated by EU.LilyLalilu wrote:HO could make their own lives easier and avoid such detrimental errors in the future by simply recording the date PR status was acquired on the DCPR. They should have changed the design of the document along with the rules, but as said many times before, this rule change was poorly thought through
I think that's too generous. It would be more appropriate to say that it wasn't thought through at all.LilyLalilu wrote:this rule change was poorly thought through
Exactly!I don't see any reason why that line cannot be copy and pasted into some correspondence with the applicant.
The question is not about date of issue of a card; its about date of acquisition of underlying PR status and freedom from immigration time restrictions. That can be proven by OP's evidence.Wise wrote:... regardless of how long you have acquired it without comfirmation of it, it will always carry date of issue.
Reconsideration is a waste of money as you will all agree with me Naturalisation is not by right.
Good luck.
Unfortunately they are right that they refuse. If you decided to apply for British Citizenship you should read carefully on gov.uk what you must do on a British Citizenship page - do not read anything about your PR just about how to get Citizenship. And there is very clear:GabiB wrote:Hello,
On the guidelines is very clear that as a EEA national, I am granted permanent residence status automatically after exercising EEA free movement rights for a period of 5 years and I need to be permanent resident for at least 12 months before applying for naturalisation.
OK sorry for that, now I know that I was wrong but the British Citizenship statement on gov.uk clearly say that. As you see even UKVI and NCS advised that. This is from ECS website:noajthan wrote:@ZaraK, kindly refrain from posting misleading and incorrect 'information'.
Suggest go and read rest of posts in forum on this vital matter.