Naturalisation Refused for EEA with Permanent Residency

[ibraa]

Dear All

I would need some advice.

My wife, an EEA national has received her Document Certifying Permanent Residency (DCPR) in Feb 2015 and she has applied for Naturalisation in June 2016.

Now, the HO sent us a letter while we were abroad on holidays asking for an alternative evidence covering the period between July 2014 and and April 2015 - very odd and random date to be honest.

They have given us 2 weeks to reply, which we have missed due to being abroad and now they have refused her application. We are of course planning to appeal using the NR form, but would like to know if anyone has come across a case where the HO does not accept the DCPR to prove residency.. Is it even legal for them to not accept it (it has been issued by them to confirm 5 years residency prior the application..)?

Any help/comments would be appreciated!

[noajthan]

DCPR does not necessarily prove residency for 5 years prior to application.
Under EU rules, someone could have been outside UK for up to a year or away for 6 months in every 12 months.

In the context of naturalisation, a DCPR is used to prove settled status not 'everything'.

NR process is primarily to file for reconsideration due to HO procedural or admin errors.
What errors do you think the caseworker has made?

What was happening in that period in question?

What evidence of residency did you provide for past 5 years and for that particular year in question?

What is precise wording of refusal? (ex personal detail).

Most unfortunate but a salutary lesson for the 'can I get my passport and travel asap' cohort.

[Noetic]

At a guess there is a re entry into the UK HO has on file for her passport for one of those dates and maybe it doesn't correspond to any of the dates she put as being out of the country?

Did they definitely ask for evidence of residence? As an EEA national as passports don't get stamped in or out you are supposed to send evidence of residence such as P60 for the last 5 years.

If your wife was working is it possible HO checked her tax contributions and found a gap for that time?

[ibraa]

At a guess there is a re entry into the UK HO has on file for her passport for one of those dates and maybe it doesn't correspond to any of the dates she put as being out of the country?

Did they definitely ask for evidence of residence? As an EEA national as passports don't get stamped in or out you are supposed to send evidence of residence such as P60 for the last 5 years.

If your wife was working is it possible HO checked her tax contributions and found a gap for that time?

Thanks for your reply. The letter said that they require an "alternative evidence for residence" for that period. She has used her passport or ID for entry in the country. We have both applied at the same time for Permanent Residency and a month apart for naturalisation.

My application has been accepted in 3 months with my passport and Permanent Residency Document being the only evidence (the same as for my wife).

So this is what I do not understand. We have been in and out the country the same time and used the same evidence, still they want MORE evidence for her application..

[Noetic]

In that case if you did not submit evidence of residence I guess you were lucky - as per AN guidance you are supposed to send passport if this gets stamped or provide alternative evidence if your passport (like with EEA applicants) does not get stamped in or out. This includes P60s, employer letter or in the case of non workers, tenancy agreements, NHS letters etc.

I can only surmise that HO case worker managed to piece together sufficient evidence for your own residence from NI payments and other things off their own bat, but has not been able to do so for your wife (they may have accessed her file from PR application and reused some of that evidence but were unable to find sufficient evidence for this "gap").

Did your wife work at all, if so was there a gap in employment around that time?

I wouldn't rate your chances at reconsideration as you failed so supply the necessary evidence to start with and then did not respond in time when asked for the evidence she should have supplied in the first place.

[ibraa]

Thanks for all your replies.

Could you enlighten me about the following: does a self-sufficient EEA national require CSI (comprehensive sickness insurance) after becoming a permanent resident (and being issued a document) to continue rightfully residing in the UK?

Also, do the immediate family members (e.g. spouse) of such person would still need CSI before themselves become a permanent resident?

[Obie]

Do you no have utility bills or tenancy agreement or Bank statement for that period?

Had your wife been away for a period of 450 days in the entire 5 years period leading to her application, or had she been away for 90days in the 12 months leading to the application.

I am just thinking that they evidence they requested will most likely have been seen with her EEA PR application.

I know Eu law permits 900 days absence for PR to be obtained, whiles UK Naturalisation law permits 450 in the 5 years leading to the application.