Can I appeal? Can someone suggest a solicitor to help me?

[maria41]

Ok long story.

Here is the deal. I am French, married to a British citizen.
I have been in the Uk since 1997 ( almost 20 years! ) working most of the time.

I, however, spent 15 months abroad between July 2011 and Sept 2013, when my husband was sent to Brazil for work reasons.

I applied for citizenship last year, but my application was turned down in June this year, as I had not spend the last 5 years in the UK.

Does it have to be strictly the last 5 years? Can I appeal? Can someone recommend a solicitor for help?

My situation is complicated. I work as a contractor ( my husband too) and We are now in the stupid position of refusing very lucrative contracts that would take us abroad, as I am worried I may not easily be able to come back to the UK later on! I cannot risk it. For this reason, I would like to consult a solicitor and see what can be done, as we would like to take jobs abroad, as long as I can come back without issues. ( and the reason for taking contracts abroad is that our respectively industries are currently dead in the UK / Europe so no contracts in the UK! )


Any suggestions most welcome!
Thanks a lot.

Maria

[Casa]

As British citizenship is a privilege rather than a right, there is no option to appeal. You can however apply for a reconsideration of the decision.

"Whilst there is no legal right of appeal or review of nationality decisions, you
may ask for it to be reconsidered if you disagree with the reason for refusal.
There is a small charge for reconsideration which will be returned (less the
citizenship ceremony fee where appropriate) if the decision is reversed and
your application is approved."


https://www.gov.uk/government/uploads/s ... NR__v4.pdf

[noajthan]

Its all about opportunity cost.

So check out the AN guidance to see the requirements and rules you need to comply with.
Then weigh up cost of compliance versus value of contracts/value of citizenship.

And with benefit of British hubby you could/should have applied under 6(2) of BNA - 3 years residence (not 5).

[maria41]

Its all about opportunity cost.

So check out the AN guidance to see the requirements and rules you need to comply with.
Then weigh up cost of compliance versus value of contracts/value of citizenship.

And with benefit of British hubby you could/should have applied under 6(2) of BNA - 3 years residence (not 5).

Hi, yes I did applied based on 3 years as married to a British citizen, but I was told that I could only apply via EU treaty right, which required 5 years. It appears that only non Europeans can apply via 3 years residence.

Also the document with guideline is very confusing. For example it did not spell out that Europeans could not apply that way. What else did I miss? That is why I would like to speak with a solicitor to see what can be done if at all.
Meanwhile in a couple of years, we would like to retire and spend some time travelling. What happens then?

[noajthan]

There's 2 aspects to this: settled status and residence/absences.

Obviously it still takes 5 years to acquire the holy grail of settled status. That's a given.

But you mentioned failing on absence.
Under 6(2), the residence requirement is 3 years so you should have applied this month to meet that requirement.

You don't really need a solicitor if organised and methodical. And with good supporting docs.

[maria41]

There's 2 aspects to this: settled status and residence/absences.

Obviously it still takes 5 years to acquire the holy grail of settled status. That's a given.

But you mentioned failing on absence.
Under 6(2), the residence requirement is 3 years so you should have applied this month to meet that requirement.

You don't really need a solicitor if organised and methodical. And with good supporting docs.

Hi noajthan,
Thanks for your advice.
I check the AN booklet, section 6. It mentions 5 years. Could not see the three years you talk about.

One other question though. It says in the booklet that:
""
If you are a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status after exercising EEA free movement rights in the UK for any continuous period of 5 years ending on or after 30 April 2006. You should apply for a permanent residence card to prove that you hold that status before applying for citizenship.""

Does it means, as I arrived in the UK in 1997, and lived here continuously till that date of 2006, ( and beyond) that I have a permanent residence status? Is my understanding correct, so I can apply immediately for that PR card? How can I prove it? Tax? NI contributions? Council taxes?

Thanks a lot for your advice.

Maria

[noajthan]

Hi noajthan,
Thanks for your advice.
I check the AN booklet, section 6. It mentions 5 years. Could not see the three years you talk about.

One other question though. It says in the booklet that:
""
If you are a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status after exercising EEA free movement rights in the UK for any continuous period of 5 years ending on or after 30 April 2006. You should apply for a permanent residence card to prove that you hold that status before applying for citizenship.""

Does it means, as I arrived in the UK in 1997, and lived here continuously till that date of 2006, ( and beyond) that I have a permanent residence status? Is my understanding correct, so I can apply immediately for that PR card? How can I prove it? Tax? NI contributions? Council taxes?

Thanks a lot for your advice.

Maria

See sections 1A, 2, 4, 5 for various points of interest:
https://www.gov.uk/government/uploads/s ... r_2016.pdf

Yes you do (now) need a DCPR first before applying for citizenship if you are a Union citizen and on EU migration route.
If you do not have that you will fail to naturalise. Big time.

If you know nothing about it, it may be that you applied last time just before rules changed.

See
https://www.gov.uk/government/uploads/s ... _03-16.pdf

If you have been in UK for donkeys years then, yes, you may have acquired PR 'back in the day'.
You will have to check you have not lost it in subsequent years.

So sort out DCPR (i may take 4 or 6 months); when you have that you can assemble a naturalisation application.

[maria41]

Once again thanks so much Noatjhan, I really appreciate your help.
You are a star!

Indeed when I first applied it was possible to apply direct for citizenship.

So now I will make enquiries about sorting my PR status based on that pre 2006 section and see if it works. If not, I guess I have to wait until September next year to apply again. Not long to wait, just bid my time.

I have been quite stressed and sad to be turned down. It was crushing. Coming back from Brazil 4 years ago, I felt almost like kissing the ground when getting out of the plane. I was so happy to be back. love this country so much, the people, the way of life, the culture.... This is home, I have spent most of my adult life here. So being turned down was very painful. Anyhow, I will soldier on!

[noajthan]

Once again thanks so much Noatjhan, I really appreciate your help.
You are a star!

Indeed when I first applied it was possible to apply direct for citizenship.

So now I will make enquiries about sorting my PR status based on that pre 2006 section and see if it works. If not, I guess I have to wait until September next year to apply again. Not long to wait, just bid my time.

I have been quite stressed and sad to be turned down. It was crushing. Coming back from Brazil 4 years ago, I felt almost like kissing the ground when getting out of the plane. I was so happy to be back. love this country so much, the people, the way of life, the culture.... This is home, I have spent most of my adult life here. So being turned down was very painful. Anyhow, I will soldier on!

I can sense the bulldog spirit developing in you and and an emerging quality of stoicism.
That tells me you will make it.

Yes, British administration practises a dispassionate, indifferent and impersonal treatment of citizens - a form of tough love if you will.
Its not personal, born and bred Brits get treated in the same way.

Keep calm and carry on.